Global Environmental Constitutionalism

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Publisher : Cambridge University Press
ISBN 13 : 1107022258
Total Pages : 427 pages
Book Rating : 4.1/5 (7 download)

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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.

Implementing Environmental Constitutionalism

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Publisher : Cambridge University Press
ISBN 13 : 1316732800
Total Pages : pages
Book Rating : 4.3/5 (167 download)

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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.

Global Environmental Constitutionalism in the Anthropocene

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509907599
Total Pages : 304 pages
Book Rating : 4.5/5 (99 download)

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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.

Global Environmental Constitutionalism in the Anthropocene

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Author :
Publisher :
ISBN 13 : 9789461673008
Total Pages : 377 pages
Book Rating : 4.6/5 (73 download)

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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:

Research Handbook on Global Climate Constitutionalism

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Publisher : Edward Elgar Publishing
ISBN 13 : 1788115813
Total Pages : 352 pages
Book Rating : 4.7/5 (881 download)

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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.

Environmental Constitutionalism in the Anthropocene

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Author :
Publisher : Routledge
ISBN 13 : 1000567427
Total Pages : 285 pages
Book Rating : 4.0/5 (5 download)

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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.

Environmental constitutionalism

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Publisher :
ISBN 13 : 9781784711689
Total Pages : 0 pages
Book Rating : 4.7/5 (116 download)

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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:

The Ecological Constitution

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Publisher : Routledge
ISBN 13 : 1000418316
Total Pages : 114 pages
Book Rating : 4.0/5 (4 download)

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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.

The Global Emergence of Constitutional Environmental Rights

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1315524406
Total Pages : 150 pages
Book Rating : 4.3/5 (155 download)

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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.

Transformative Environmental Constitutionalism

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Publisher : BRILL
ISBN 13 : 9004509402
Total Pages : 270 pages
Book Rating : 4.0/5 (45 download)

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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.

Environmental Human Rights in the Anthropocene

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Publisher : Cambridge University Press
ISBN 13 : 1316510778
Total Pages : 237 pages
Book Rating : 4.3/5 (165 download)

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Book Synopsis Environmental Human Rights in the Anthropocene by : Walter F. Baber

Download or read book Environmental Human Rights in the Anthropocene written by Walter F. Baber and published by Cambridge University Press. This book was released on 2023-03-31 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: An overview of environmental human rights, and the complexities of uniting human rights advocacy and environmental protection.

Climate Constitutionalism Momentum

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Publisher : Springer Nature
ISBN 13 : 3030973360
Total Pages : 140 pages
Book Rating : 4.0/5 (39 download)

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Book Synopsis Climate Constitutionalism Momentum by : Pasquale Viola

Download or read book Climate Constitutionalism Momentum written by Pasquale Viola and published by Springer Nature. This book was released on 2022-03-29 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: While civil society and social movements claim for more effective measures to cope with anthropogenic climate change, legal scholars are witnessing the “aurora” of climate change law. What is quite relevant in this double-process of recognition/establishment is the interdisciplinary nature of such a field of studies, which goes beyond formalistic legal aspects. Based on the need to rethink legal paradigms, “Climate Constitutionalism Momentum: Adaptive Legal Systems” deals with three major means to combat anthropogenic climate change—namely science, politics and law—further addressing the thesis regarding a supposed adaptiveness of legal systems and proposing new pathways for further inquiries on the current climate constitutionalism momentum. The book introduces the international efforts in acknowledging the need for concrete measures to achieve ambitious results, addressing the comparative public law debate, merging theoretical appraisals and quantitative insights under a top-down approach and a civil-law methodology. Furthermore, the book combines theoretical and empirical viewpoints in reference to climate justice and litigation. The last part of the argumentative pattern merges the aforementioned key elements and grounds of investigation, providing an overall account of the current climate constitutionalism momentum. Academic researchers are the book’s primary audience, but it is also targeted for undergraduate and postgraduate students of specific courses. For the numerous insights and the contemporary relevance of the topic, the book is also addressed to political stakeholders and legal practitioners. Given the transnational development of this area of law, the expected audience of the book is global.

A Global Environmental Right

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Author :
Publisher : Routledge
ISBN 13 : 1135090254
Total Pages : 208 pages
Book Rating : 4.1/5 (35 download)

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Book Synopsis A Global Environmental Right by : Stephen Turner

Download or read book A Global Environmental Right written by Stephen Turner and published by Routledge. This book was released on 2013-09-11 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Global Environmental Constitutionalism in the Anthropocene

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509907610
Total Pages : 304 pages
Book Rating : 4.5/5 (99 download)

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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.

Environmental Democracy at the Global Level:

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Publisher : Walter de Gruyter
ISBN 13 : 837656014X
Total Pages : 242 pages
Book Rating : 4.3/5 (765 download)

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Book Synopsis Environmental Democracy at the Global Level: by : Giulia Parola

Download or read book Environmental Democracy at the Global Level: written by Giulia Parola and published by Walter de Gruyter. This book was released on 2013-07-23 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Giulia Parola’s Environmental Democracy at the Global Level: Rights and Duties for a New Citizenship can be seen as a manifesto that is both traditional and revolutionary at the same time. It calls for the construction of a new civilisation centred on the environment, while drawing on the traditional notions of democratic government. It adopts an approach that is focused on the power of individuals rather than governments, as ways to protect and improve the environment. It proposes that environmental rights and ecological duties are self-evident and inalienable, and should be treated as the cornerstones of a new democracy. Parola’s book is a thought provoking and intriguing work that will be of interest to scholars of environmental studies as well as to legal practitioners and non-specialists. Giulia Parola has studied Environmental Law at the University of Torino, at the University of René Descartes in Paris, (where she obtained PhD in Public Law) and at the University of Iceland ( LLM in Natural Resources Law and International Environmental Law). In 2011, she was appointed by the University of Laval (Canada, Quebec) as a researcher and a lecturer in Environmental Law.

The Principle of Sustainability

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Author :
Publisher : Routledge
ISBN 13 : 1317019172
Total Pages : 492 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis The Principle of Sustainability by : Klaus Bosselmann

Download or read book The Principle of Sustainability written by Klaus Bosselmann and published by Routledge. This book was released on 2016-12-08 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates how sustainability informs key principles and concepts of domestic and international law. It calls for the recognition of ecological sustainability as a fundamental principle to guide the entire legal system rather than just environmental legislation. To this end, the book makes a contribution to global environmental constitutionalism, a rapidly growing area within comparative and international environmental law and constitutional law. This 2nd edition has been fully revised and updated to take account of recent developments and new case law. The book will be a valuable resource for students, researchers and policy makers working in the areas of environmental law and governance.

Environmental Constitutionalism in the Anthropocene

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Author :
Publisher :
ISBN 13 : 9781032007236
Total Pages : 0 pages
Book Rating : 4.0/5 (72 download)

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Book Synopsis Environmental Constitutionalism in the Anthropocene by : Aneta Tyc

Download or read book Environmental Constitutionalism in the Anthropocene written by Aneta Tyc and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book provides a set of proposals for how to best guarantee effective enforcement of labour rights under difficult circumstances. The linkage between labour standards and global trade has been recurrent for some 200 years. At a time when the world is struggling to find a way out of crisis and is striving for economic growth, more than ever there is a need for up-to-date research on how to protect and promote labour rights in the global economy. This book explores the history of the field and also provides an overview of emerging trends and opportunities. It discusses the most recent problems including: the effectiveness and the role of the ILO in the second century of its existence, the WTO and its potential relevance in the protection of labour rights, the effectiveness of the US and the EU Generalised System of Preferences, the impact of CSR instruments on labour rights, and labour provisions in the international trade agreements concluded by the US and the EU. The book argues, inter alia, that trade agreements seem to be a useful tool to help pave the way out of the crisis and that the USMCA can be perceived as a model agreement and a symbol of a shift in perspective from long global supply chains to a focus on regional ones, local production, jobs, and a rise in wages"--