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Book Synopsis Global Environmental Constitutionalism by : James R. May
Download or read book Global Environmental Constitutionalism written by James R. May and published by Cambridge University Press. This book was released on 2015 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Le Constitutionnalisme Environnemental by : Stphane Pierr-Caps
Download or read book Le Constitutionnalisme Environnemental written by Stphane Pierr-Caps and published by P.I.E-Peter Lang S.A., Editions Scientifiques Internationales. This book was released on 2019-10-31 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ce livre examine le constitutionnalisme environnemental au moyen de l'étude de certains systèmes juridiques représentatifs et à travers les répercussions de la Charte française de l'environnement sur le droit administratif, le droit des sociétés et les méthodes économiques du préjudice écologique.
Book Synopsis Implementing Environmental Constitutionalism by : Erin Daly
Download or read book Implementing Environmental Constitutionalism written by Erin Daly and published by Cambridge University Press. This book was released on 2018-05-31 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutions can play a central role in responding to environmental challenges, such as pollution, biodiversity loss, lack of drinking water, and climate change. The vast majority of people on earth live under constitutional systems that protect the environment or recognize environmental rights. Such environmental constitutionalism, however, falls short without effective implementation by policymakers, advocates and jurists. Implementing Environmental Constitutionalism: Current Global Challenges explains and explores this 'implementation gap'. This collection is both broad and deep. While some of the essays analyze crosscutting themes, such as climate change and the need for rule of law that affect the implementation of environmental constitutionalism throughout the world, others delve deeply into geographically contextual experiences for lessons about how constitutional environmental law might be more effectively implemented. This volume informs global conversations about whether and how environmental constitutionalism can be made more effective to protect the natural environment.
Book Synopsis Global Environmental Constitutionalism in the Anthropocene by : Louis J Kotzé
Download or read book Global Environmental Constitutionalism in the Anthropocene written by Louis J Kotzé and published by Bloomsbury Publishing. This book was released on 2016-09-22 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Environmental constitutionalism by : James R. May
Download or read book Environmental constitutionalism written by James R. May and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Ecological Constitution by : Lynda Collins
Download or read book The Ecological Constitution written by Lynda Collins and published by Routledge. This book was released on 2021-05-20 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Ecological Constitution integrates the insights of environmental constitutionalism and ecological law in a concise, engaging and accessible manner. This book sets out the necessary components of any constitution that could be considered "ecological" in nature. In particular, it argues that an ecological constitution is one that codifies the following key principles, at a minimum: the principle of sustainability; intergenerational equity and the public trust doctrine; environmental human rights; rights of nature; the precautionary principle and non-regression; and rights and obligations relating to a healthy climate. In the context of the global environmental crisis that characterises the current Anthropocene era, these principles are important tools for changing consciousness and driving pragmatic policy reforms around the world. Re-imagining constitutions along these lines could play a vital role in the collective project of building a sustainable future for humans, animals, ecosystems and the biosphere we all share. This book will be of great interest to students and scholars of environmental law, ecological law, environmental constitutionalism, sustainability and rights of nature.
Book Synopsis Environmental Constitutionalism in the Anthropocene by : Domenico Amirante
Download or read book Environmental Constitutionalism in the Anthropocene written by Domenico Amirante and published by Routledge. This book was released on 2022-04-03 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the relationship between man and nature through different cultural approaches to encourage new environmental legislation as a means of fostering acceptance at a local level. In 2019, the International Union of Geological Sciences (IUGS) recognised that we have entered a new era, the Anthropocene, specifically characterised by the impact of one species, mankind, on environmental change. The Anthropocene is penetrating the discourse of both hard sciences and humanities and social sciences, by posing new epistemological as well as practical challenges to many disciplines. Legal sciences have so far been at the margins of this intellectual renewal, with few contributions on the central role that the notion of Anthropocene could play in forging a more effective and just environmental law. By applying a multidisciplinary approach and adopting a Law as Culture paradigm to the study of law, this book explores new paths of investigation and possible solutions to be applied. New perspectives for the constitutional framing of environmental policies, rights, and alternative methods for bottom-up participatory law-making and conflict resolution are investigated, showing that environmental justice is not just an option, but an objective within reach. The book will be essential reading for students, academics, and policymakers in the areas of law, environmental studies and anthropology.
Book Synopsis Transformative Environmental Constitutionalism by : Melanie Murcott
Download or read book Transformative Environmental Constitutionalism written by Melanie Murcott and published by BRILL. This book was released on 2022-10-24 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Transformative Environmental Constitutionalism, Professor Melanie Jean Murcott writes from a Global South perspective, drawing on South African context to provide a transformative theoretical framework for adjudication of environmental law disputes which could be more responsive to social, environmental, and climate injustices.
Book Synopsis The Global Emergence of Constitutional Environmental Rights by : Joshua C. Gellers
Download or read book The Global Emergence of Constitutional Environmental Rights written by Joshua C. Gellers and published by Taylor & Francis. This book was released on 2017-05-18 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Research Handbook on Global Climate Constitutionalism by : Jordi Jaria-Manzano
Download or read book Research Handbook on Global Climate Constitutionalism written by Jordi Jaria-Manzano and published by Edward Elgar Publishing. This book was released on 2019-12-27 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Climate change is causing traditional political and legal concepts to be revisited. The emergence of a global polity through physical, economic and social interaction demands global responses which should be founded upon new principles and which cannot simply be modelled on traditional constitutionalism centred on the nation-state. This Research Handbook explores how to build this climate constitutionalism at a global level, starting from the narrative of Anthropocene and its implications for law. It provides a critical approach to global environmental constitutionalism, analysing the problems of sustainability and global equity which are entwined with the causes and consequences of climate change. The Handbook explores how to develop constitutional discourses and strategies to address these issues, and thereby tackle the negative effects of climate change whilst also advancing a more sustainable, equitable and responsible global society.
Book Synopsis Constitutional Environmental Rights by : Tim Hayward
Download or read book Constitutional Environmental Rights written by Tim Hayward and published by OUP Oxford. This book was released on 2004-12-16 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shows why a fundamental right to an adequate environment ought to be provided in the constitution of any modern democratic state. The importance of securing provision for environmental protection at the constitutional level is now widely recognized. Globally, more than 100 states make some form of provision for environmental protection in their constitutions. A question more hotly debated, though, is whether the provision should take the stringent form of a fundamental right. This book is the first to examine the question from the perspective of political theory. It explains why the right to an environment adequate for one's health and well-being is a genuine human right, and why it ought to be constitutionalized. It carefully elaborates this case and defends it in closely argued responses to critical challenges. It thus shows why there is no insurmountable obstacle to the effective implementation of this constitutional right, and why constitutionalizing this right is not democratically illegitimate. With particular reference to European Union member states, it explains what this right adds to states' existing human rights and environmental commitments. It concludes by showing how constitutional environmental rights can serve to promote the cause of environmental justice in a global context. The book provides illustrations from around the world of how human rights and environmental concerns have been linked to date, and highlights precedents for the future development of a fundamental right to an adequate environment. It will be of value to policy-makers, lawyers, campaigners, and citizens concerned with environmental protection as a public interest and fundamental right. It will provide a valuable resource for students and teachers in politics, philosophy, law, environmental studies, and social sciences more generally. The book makes an original contribution to normative political theory by rethinking rights and justice in the light of contemporary issues and contexts.
Book Synopsis Global Environmental Constitutionalism in the Anthropocene by : Louis J. Kotze
Download or read book Global Environmental Constitutionalism in the Anthropocene written by Louis J. Kotze and published by . This book was released on 2017 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Implementing Environmental Constitutionalism by : Erin Daly
Download or read book Implementing Environmental Constitutionalism written by Erin Daly and published by Cambridge University Press. This book was released on 2018-11-08 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutions can play a central role in responding to environmental challenges, such as pollution, biodiversity loss, lack of drinking water, and climate change. The vast majority of people on earth live under constitutional systems that protect the environment or recognize environmental rights. Such environmental constitutionalism, however, falls short without effective implementation by policymakers, advocates and jurists. Implementing Environmental Constitutionalism: Current Global Challenges explains and explores this 'implementation gap'. This collection is both broad and deep. While some of the essays analyze crosscutting themes, such as climate change and the need for rule of law that affect the implementation of environmental constitutionalism throughout the world, others delve deeply into geographically contextual experiences for lessons about how constitutional environmental law might be more effectively implemented. This volume informs global conversations about whether and how environmental constitutionalism can be made more effective to protect the natural environment.
Book Synopsis Global Environmental Constitutionalism in the Anthropocene by : Louis J Kotzé
Download or read book Global Environmental Constitutionalism in the Anthropocene written by Louis J Kotzé and published by Bloomsbury Publishing. This book was released on 2016-09-22 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Constitutional Environmental Law by : Carl E. Bruch (juriste).)
Download or read book Constitutional Environmental Law written by Carl E. Bruch (juriste).) and published by Environmental Law Institute. This book was released on 2007 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past decades, and especially since the 1992 "Earth Summit," many African countries have incorporated environmental provisions into their constitutions. But to date these tools have gone largely underutilized in Africa. Opening courts to citizens to enforce their constitutional rights strengthens the judiciary, empowers civil society, and fosters an atmosphere of environmental accountability. This volume-updated and expanded from the original 2000 publication-analyzes African constitutional environmental law provisions. It also examines cases from Africa and elsewhere around the world that interpret and apply such provisions. It explores how constitutional provisions of African states can be used to create real, enforceable environmental rights. A unique component of Constitutional Environmental Law is a CD-ROM that presents the full text of the various constitutions of 52 African states (excluding the territories of the Canary Islands, the Madeira Islands, and Reunion). The book highlights the provisions that may be used to protect the environment-as well as cases from around the world that illustrate opportunities for implementing constitutional environmental rights. Additionally, given the recently concluded, ongoing, and proposed constitutional reforms in various African countries-such as Kenya, Liberia, Sierra Leone, Sudan, and Swaziland-the book examines the opportunities that such provisions present for improving environmental governance, addressing issues of environmental and participatory rights, and ensuring implementation and enforcement.
Book Synopsis The Environmental Rights Revolution by : David R. Boyd
Download or read book The Environmental Rights Revolution written by David R. Boyd and published by UBC Press. This book was released on 2011-11-29 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Human Right to a Healthy Environment by : John H. Knox
Download or read book The Human Right to a Healthy Environment written by John H. Knox and published by Cambridge University Press. This book was released on 2018-06-28 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers and clarifies many different facets of the international human right to a healthy environment.