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Author: Stephen Turner
Publisher: Routledge
ISBN: 1135090254
Category : Business & Economics
Languages : en
Pages : 208
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Book Description
The development of an international substantive environmental right on a global level has long been a contested issue. To a limited extent environmental rights have developed in a fragmented way through different legal regimes. This book examines the potential for the development of a global environmental right that would create legal duties for all types of decision-makers and provide the bedrock for a new system of international environmental governance. Taking a problem solving approach, the book seeks to demonstrate how straightforward and logical changes to the existing global legal architecture would address some of the fundamental root causes of environmental degradation. It puts forward a draft global environmental right that would integrate duties for both state and non-state actors within reformed systems of environmental governance and a rational framework for business and industry to adhere to in order that those systems could be made operational. It also examines the failures of the existing international climate change regime and explains how the draft global environmental right could remedy existing deficits. This innovative and interdisciplinary book will be of great interest to policy-makers, students and researchers in international environmental law, climate change, environmental politics and global environmental governance as well as those studying the WTO, international trade law, human rights law, constitutional law and corporate law.
Author: Stephen Turner
Publisher: Routledge
ISBN: 1135090254
Category : Business & Economics
Languages : en
Pages : 208
Get Book
Book Description
The development of an international substantive environmental right on a global level has long been a contested issue. To a limited extent environmental rights have developed in a fragmented way through different legal regimes. This book examines the potential for the development of a global environmental right that would create legal duties for all types of decision-makers and provide the bedrock for a new system of international environmental governance. Taking a problem solving approach, the book seeks to demonstrate how straightforward and logical changes to the existing global legal architecture would address some of the fundamental root causes of environmental degradation. It puts forward a draft global environmental right that would integrate duties for both state and non-state actors within reformed systems of environmental governance and a rational framework for business and industry to adhere to in order that those systems could be made operational. It also examines the failures of the existing international climate change regime and explains how the draft global environmental right could remedy existing deficits. This innovative and interdisciplinary book will be of great interest to policy-makers, students and researchers in international environmental law, climate change, environmental politics and global environmental governance as well as those studying the WTO, international trade law, human rights law, constitutional law and corporate law.
Author: David R. Boyd
Publisher: UBC Press
ISBN: 0774821639
Category : Law
Languages : en
Pages : 470
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Book Description
The right to a healthy environment has been the subject of extensive philosophical debates that revolve around the question: Should rights to clean air, water, and soil be entrenched in law? David Boyd answers this by moving beyond theoretical debates to measure the practical effects of enshrining the right in constitutions. His pioneering analysis of 193 constitutions and the laws and court decisions of more than 100 nations in Europe, Latin America, Asia, and Africa reveals a positive correlation between constitutional protection and stronger environmental laws, smaller ecological footprints, superior environmental performance, and improved quality of life.
Author: Joshua C. Gellers
Publisher: Taylor & Francis
ISBN: 1315524406
Category : Law
Languages : en
Pages : 150
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Book Description
Over the past 40 years, countries throughout the world have similarly adopted human rights related to environmental governance and protection in national constitutions. Interestingly, these countries vary widely in terms of geography, politics, history, resources, and wealth. This raises the question: why do some countries have constitutional environmental rights while others do not? Bringing together theory from law, political science, and sociology, a global statistical analysis, and a comparative study of constitutional design in South Asia, Gellers presents a comprehensive response to this important question. Moving beyond normative debates and anecdotal developments in case law, as well as efforts to describe and categorize such rights around the world, this book provides a systematic analysis of the expansion of environmental rights using social science methods and theory. The resulting theoretical framework and empirical evidence offer new insights into how domestic and international factors interact during the constitution drafting process to produce new law that is both locally relevant and globally resonant. Scholars, practitioners, and students of law, political science, and sociology interested in understanding how institutions cope with complex problems like environmental degradation and human rights violations will find this book to be essential reading.
Author: Tseming Yang
Publisher: Aspen Publishing
ISBN: 1543815189
Category : Law
Languages : en
Pages : 1222
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Book Description
Written by leading scholars and experts with extensive practice and teaching experience in the field, Comparative and Global Environmental Law and Policy offers a student-friendly approach to the study of a rapidly evolving and important area of law. Its multi-jurisdictional selection of judicial opinions and legal materials introduces students to the worldwide reach of environmental law. Through its substance, the book familiarizes students not only with governing and emerging legal principles but also demonstrates how legal norms are applied to specific issues and contexts, illustrating how law-on-the-books becomes law-in-action. Student understanding is reinforced by problem exercises and discussion questions. Professors and students will benefit from: A multi-jurisdictional selection of environmental law cases and regulatory materials from across the world, with many cases from the developing world and emerging economies. Separate chapters on rapidly evolving and critical topics such as rights of nature, sustainability, corporations and private environmental governance, human rights and the environment, and climate change. Presentation of basic background principles of environmental law, institutions, and governance and their operation in international, national and subnational systems, including indigenous governance systems. Emphasis across the book on issues of institutions and governance as well as enforcement and effectiveness. Judicial opinions providing an authoritative articulation of how legal principles are applied in various systems. Numerous problem exercises and discussion questions to introduce topics and reinforce concepts and materials. Integrated perspective on the relationship of international and transnational environmental law, national environmental law, environmental norms and principles in other settings such as in private environmental governance, and governance institutions.
Author: James R. May
Publisher: Cambridge University Press
ISBN: 1107022258
Category : Business & Economics
Languages : en
Pages : 427
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Book Description
Reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water, and land and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights, and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.
Author: Robert V. Percival
Publisher: Edward Elgar Publishing
ISBN: 1783470852
Category : Law
Languages : en
Pages : 36
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Book Description
This timely volume considers the future of environmental law and governance in the aftermath of the "Rio+20" conference. An international set of expert contributors begin by addressing a range of governance concepts that can be used to addres
Author: Ken Conca
Publisher: Oxford University Press, USA
ISBN: 0190232862
Category : Political Science
Languages : en
Pages : 321
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Book Description
This volume examines the origins, effectiveness, and limitations of the United Nations system's approach to global environmental governance. It traces the history of the UN's approach, maps its increasingly apparent limits, and suggests needed reforms to use conflict sensitivity, peacebuilding, accountability mechanisms, and rights-based approaches as tools in the UN's environmental work.
Author: Ben Boer
Publisher: Collected Courses of the Acade
ISBN: 0198736142
Category : Law
Languages : en
Pages : 273
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Book Description
A high quality environment is coming to be regarded as a necessary prerequisite for the enjoyment of some of the most fundamental human rights, including the rights to life and health. However, the precise recognition of a 'right to environment' has not yet been settled. The essays collected here address this and related questions from different perspectives.
Author: Louis J Kotzé
Publisher: Bloomsbury Publishing
ISBN: 1509907599
Category : Law
Languages : en
Pages : 304
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Book Description
There is persuasive evidence suggesting we are on the brink of human-induced ecological disaster that could change life on Earth as we know it. There is also a general consensus among scientists about the pace and extent of global ecological decay, including a realisation that humans are central to causing the global socio-ecological crisis. This new epoch has been called the Anthropocene. Considering the many benefits that constitutional environmental protection holds out in domestic legal orders, it is likely that a constitutionalised form of global environmental law and governance would be better able to counter the myriad exigencies of the Anthropocene. This book seeks to answer this central question: from the perspective of the Anthropocene, what is environmental constitutionalism and how could it be extrapolated to formulate a global framework? In answering this question, this book offers the first systematic conceptual framework for global environmental constitutionalism in the epoch of the Anthropocene.
Author: Joshua C. Gellers
Publisher: Routledge
ISBN: 1315524392
Category : Law
Languages : en
Pages : 143
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Book Description
Over the past 40 years, countries throughout the world have similarly adopted human rights related to environmental governance and protection in national constitutions. Interestingly, these countries vary widely in terms of geography, politics, history, resources, and wealth. This raises the question: why do some countries have constitutional environmental rights while others do not? Bringing together theory from law, political science, and sociology, a global statistical analysis, and a comparative study of constitutional design in South Asia, Gellers presents a comprehensive response to this important question. Moving beyond normative debates and anecdotal developments in case law, as well as efforts to describe and categorize such rights around the world, this book provides a systematic analysis of the expansion of environmental rights using social science methods and theory. The resulting theoretical framework and empirical evidence offer new insights into how domestic and international factors interact during the constitution drafting process to produce new law that is both locally relevant and globally resonant. Scholars, practitioners, and students of law, political science, and sociology interested in understanding how institutions cope with complex problems like environmental degradation and human rights violations will find this book to be essential reading.
