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Author: Klaus Bosselmann
Publisher: Springer
ISBN: 9789041197276
Category : Law
Languages : en
Pages : 0
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Book Description
This book examines the obstacles to achieving environmental justice in the context of neo-liberal economic systems founded upon deregulation, privatization and the use of market mechanisms as a policy tool. The book explores definitions and policy dimensions of environmental justice and market mechanisms. For some, environmental justice, social justice and ecological sustainability represent the new yardstick against which all concepts of environmental law and policy are to be measured. For others, the market economy, whether free or regulated, marks the starting-point for any strategy of environmental protection. This book is the first to investigate the link between these two approaches, measuring market-based tools of environmental law such as tradable permits and ecotaxes against the requirements of environmental justice. Based on papers delivered at a major international conference held in March 1998, at the University of Auckland, New Zealand, the book outlines the global context of the tensions between environmental justice and market-based instruments, focusing on the issue of international trade liberalization. It reports on experiences in a range of countries and regions: the United States, the European Union, Central and Eastern Europe, South Africa, Australia and New Zealand. Despite the variety of approaches and experiences, all the countries have been trying to adjust their environmental policies to the challenges of deregulation on the one hand and environmental justice on the other. The book concludes with a call to transcend the dichotomy between regulation and the market, and suggests it might be more realistic to perceive environmental policy as a `new deal', a combined effort of the state and the market in which environmental justice provides the overall normative framework.
Author: Klaus Bosselmann
Publisher: Springer
ISBN: 9789041197276
Category : Law
Languages : en
Pages : 0
Get Book
Book Description
This book examines the obstacles to achieving environmental justice in the context of neo-liberal economic systems founded upon deregulation, privatization and the use of market mechanisms as a policy tool. The book explores definitions and policy dimensions of environmental justice and market mechanisms. For some, environmental justice, social justice and ecological sustainability represent the new yardstick against which all concepts of environmental law and policy are to be measured. For others, the market economy, whether free or regulated, marks the starting-point for any strategy of environmental protection. This book is the first to investigate the link between these two approaches, measuring market-based tools of environmental law such as tradable permits and ecotaxes against the requirements of environmental justice. Based on papers delivered at a major international conference held in March 1998, at the University of Auckland, New Zealand, the book outlines the global context of the tensions between environmental justice and market-based instruments, focusing on the issue of international trade liberalization. It reports on experiences in a range of countries and regions: the United States, the European Union, Central and Eastern Europe, South Africa, Australia and New Zealand. Despite the variety of approaches and experiences, all the countries have been trying to adjust their environmental policies to the challenges of deregulation on the one hand and environmental justice on the other. The book concludes with a call to transcend the dichotomy between regulation and the market, and suggests it might be more realistic to perceive environmental policy as a `new deal', a combined effort of the state and the market in which environmental justice provides the overall normative framework.
Author: Benjamin J. Richardson
Publisher:
ISBN:
Category :
Languages : en
Pages : 355
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Book Description
Author: Michael Gerrard
Publisher: American Bar Association
ISBN: 9781604420838
Category : Law
Languages : en
Pages : 920
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Book Description
Environmental justice is the concept that minority and low-income individuals, communities and populations should not be disproportionately exposed to environmental hazards, and that they should share fully in making the decisions that affect their environment. This volume examines the sources of environmental justice law and how evolving regulations and court decisions impact projects around the country.
Author: Dennis C. Cory
Publisher: Edward Elgar Publishing
ISBN: 1781001405
Category : Political Science
Languages : en
Pages : 223
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Book Description
Within the United States, minority and low-income communities currently bear a disproportionate amount of risk associated with pollution and other harmful environmental practices. The environmental justice movement is working to change this fact, promoting the fair and non-discriminatory treatment of all people with respect to environmental issues, policies, and regulations. This fascinating and timely volume explores the relationship between environmental justice and the government, offering a comprehensive introduction to the legal, economic, and philosophical concerns involved in pursuing environmental justice goals within a federalist system. The authors discuss two case studies in their investigation of the complex interactions between environmental justice and government. These analyses offer a comprehensive view of both the siting and regulation of polluting activities, as well as a discussion of the effects on major natural resources such as clean air and drinking water. In each case, the authors both describe current government responses to the problem and offer specific recommendations regarding what actions should be taken in the future. This authoritative book will make an invaluable addition to courses in environmental law and policy. Professionals and policymakers working in disciplines such as law, economics, environmental science, philosophy and political science will also find this a comprehensive and critical reference.
Author: Yves Le Bouthillier
Publisher: Edward Elgar Publishing
ISBN: 1781003297
Category : Social Science
Languages : en
Pages : 369
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Book Description
'The alleviation of poverty and the protection of the environment are both critical challenges for the vindication of basic human rights for all of humankind. This relationship is however not necessarily an easy one. While there is an inextricable link between poverty and the degradation of the environment, a sophisticated analysis of a problem needs to deal with those cases where the need to increase economic opportunity for poor communities may appear to conflict with fragile ecosystems or the preservation of traditional practices. This collection provides the most sustained engagement with these problems. Drawing on the expertise of a range of distinguished authors, this book presents the reader with an integrated global engagement with these problems. In doing so, it represents a landmark effort towards the creation of a coherent literature to deal with one of humankind's most pressing challenges.' – Dennis Davis, Judge of the High Court, South Africa 'The complex, uneven and challenging relationships between poverty alleviation and environmental regulation are impossible to trace in a single book but this collection brings a carefully selected set of policy-relevant, context-responsive, practical legal analyses to bear in a fresh examination of the present and future challenges involved. This is a timely contribution in the search for regulatory responses that alleviate rather than exacerbate the myriad forms of adaptation apartheid now so painfully evident in the relationship between poverty, injustice and environmental degradation.' – Anna Grear, University of Waikato, New Zealand 'The subject of poverty cannot be ignored by environmentalists as the poor are the most affected by the diverse impacts of environmental degradation and climate change such as on water, natural resources and cultural heritage sites. In addition, slum dwellings exacerbate the plight of the poor. The book is a collection of diverse topics by renowned environmental legal experts which deal with the relationship between the alleviation of poverty and the protection of the environment. Each writer addresses the challenges raised in various issues and recommends solutions which range from linking with human rights, the need for public participation, the role of environmental courts and other mechanisms.' – Koh Kheng-Lian, National University of Singapore This timely book explores the complex relationship between the alleviation of poverty and the protection of the environment. There is every reason to believe that these issues are in many ways interdependent. However this book demonstrates that there are situations where alleviation of poverty and the protection of the environment appear to be in a fraught relationship. The contributing authors illustrate that the role played by law in this relationship, whether at the international or national level, will vary depending on the situation and will be more successful at pursuing environmental justice in some cases than in others. This interdisciplinary study will appeal to academics and students in environmental law and other environmental disciplines, environmental policymakers and NGOs interested in issues of poverty, environment and indigenous peoples.
Author: Kenneth A. Manaster
Publisher:
ISBN:
Category : Nature
Languages : en
Pages : 302
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Book Description
Author: Lavanya Rajamani
Publisher: Oxford University Press
ISBN: 0192589032
Category : Law
Languages : en
Pages : 1104
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Book Description
The second edition of this leading reference work provides a comprehensive discussion of the dynamic and important field of international law concerned with environmental protection. It is edited by globally-recognised international environmental law scholars, Professor Lavanya Rajamani and Professor Jacqueline Peel, and features 67 chapters authored by 76 renowned experts in their fields. The Handbook discusses the key principles underpinning international environmental law, its relevant actors and tools, and rules applying in its substantive sub-fields such as climate law, oceans law, wildlife and biodiversity law, and hazardous substances regulation. It also explores the intersection of international environmental law with other areas of international law, such as those concerned with trade, investment, disaster, migration, armed conflict, intellectual property, energy, and human rights. The Handbook sets its discussion of international environmental law in the broader interdisciplinary context of developments in science, ethics, politics and economics, which inform the way in which environmental rules are made, implemented, and enforced. It provides an introduction to the foundations of international environmental law while also engaging with questions at the frontiers of research, teaching, and practice in the field, including the role of Global South perspectives, the contribution made by Earth jurisprudence, and the growing role of a diverse range of actors from indigenous peoples to business and industry. Like the first edition, this second edition of the Handbook is an essential reference text for all engaged with environmental issues at the international level and the applicable governance and regulatory structures.
Author: LeRoy Paddock
Publisher:
ISBN: 9781783478392
Category : Environmental law
Languages : en
Pages : 0
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Book Description
Environmental issues are at the heart of some of the most complex and consequential decisions that society must face in pursuit of a more sustainable future. They encompass the international, national, and local levels and engage all branches of government. Decision Making in Environmental Law, one of the constituent volumes in the Elgar Encyclopedia of Environmental Law, brings together some of the leading experts in the field and provides a structured overview of the various dimensions of decision making from an environmental law perspective. Topics include: the use of treaties, common law tools, rulemaking, access to information, regulatory structures, market-based and trading mechanisms, monitoring and reporting, voluntary programs and private regulation, environmental impact analysis, public engagement and environmental justice, administrative and judicial review, and the role of environmental courts and tribunals.
Author: Willemien Du Plessis
Publisher: PULP
ISBN: 1920538054
Category : Africa
Languages : en
Pages : 698
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Book Description
"Now that economic development is starting to pick up in many countries in Africa, the question arises how such development can be balanced with the need for adequate environmental protection. This crucial issue, inherent in the notion of sustainable development, is addressed in this innovative and path-breaking volume. For the first time, academics from seventeen African countries have joined forces to analyse the way in which economic and environmental interests are balanced in their legal systems. The authors all use a common framework to improve the comparability of the country studies. The different country-related chapters do not only provide insights into the formally applicable legal rules (law in the books), but given that the book brings together academics aware of the practice in Africa, they also describe the way in which environmental policy functions in practice (law in action). Many case studies, with conceptual analyses are provided of pollution incidents and the way in which administrative agencies or courts have on those occasions balanced the interests between the economy, society and the environment. A critical comparative analysis by the editors points at tendencies towards convergence and points of divergence between the African countries. Suggestions for policy reform are also formulated, showing African countries how they can benefit from experiences in the US and Europe. This thought provoking volume is a must for anyone (academic, policymaker or practitioner) interested in sustainable development generally and in Africa in particular."--P. [4] of cover.
Author: R. Maguire
Publisher: Edward Elgar Publishing
ISBN: 0857936077
Category : Law
Languages : en
Pages : 383
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Book Description
This work provides an important, broad and legal critique and assessment of transnational trends, structures and innovations currently in use for managing forests.
