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Interpreting Environmental Offences
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Book Synopsis Interpreting Environmental Offences by : Emma Lees
Download or read book Interpreting Environmental Offences written by Emma Lees and published by Bloomsbury Publishing. This book was released on 2015-07-30 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the interpretation of environmental offences contained in the waste, contaminated land, and habitats' protection regimes. It concludes that the current purposive approach to interpretation has produced an unacceptable degree of uncertainty. Such uncertainty threatens compliance with rule of law values, inhibits predictability, and therefore produces a scenario which is unacceptable to the wider legal and business community. The author proposes that a primarily linguistic approach to interpretation of the relevant rules should be adopted. In so doing, the book analyses the appropriate judicial role in an area of high levels of scientific and administrative complexity. The book provides a framework for interpretation of these offences. The key elements that ought to be included in this framework-the language of the provision, the harm tackled as drafted, regulatory context, explanatory notes and preamble, and finally, purpose in a broader sense-are considered in this book. Through this framework, a solution to the certainty problem is provided.
Book Synopsis Interpreting the Precautionary Principle by : Timothy O'Riordan
Download or read book Interpreting the Precautionary Principle written by Timothy O'Riordan and published by Earthscan. This book was released on 1994 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 1994. Routledge is an imprint of Taylor & Francis, an informa company.
Book Synopsis War Torn Environment: Interpreting the Legal Threshold by : Karen Hulme
Download or read book War Torn Environment: Interpreting the Legal Threshold written by Karen Hulme and published by BRILL. This book was released on 2004-08-01 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the recent past the horrors of war have been demonstrated all too vividly. Who would have believed that after Nuremberg there would be any further need for war crimes tribunals, or for the creation of an international criminal court? But, whilst people in conflict countries suffer the mental and physical scars from military bombardment, they also suffer the silent legacy of environmental pollution. The world functions as one large ecosystem: the contamination of one element inevitably feeding into another. Pollution in peacetime has been greatly reduced, but what is the wartime cost to the environment? Wartime weaponry and tactics are strictly controlled by the principles of humanitarian law, but international law can be a slow creature. Are our militaries using weapons today that violate the current laws of armed conflict? Or need new controls be drafted to deal with the environmental, and inevitably human, consequences of modern warfare? The book seeks to analyse the issues surrounding the protection of the environment in times of armed conflict, and to pose questions as to its adequacy and efficacy. But the focus is not simply upon the interpretation of the legal provisions in isolation; instead, the analysis establishes a benchmark standard of environmental harm against which the adequacy and efficacy of the legal provisions can be measured. At the centre of the analysis are a number of case studies tackling the most modern weapons and tactics, including the legality of depleted uranium weapons and cluster bombs, the validity of striking chemical weapons facilities and oil installations, and the responsibility for explosive and non-explosive war debris.
Book Synopsis Environmental Crime by : Jared C. Bennett
Download or read book Environmental Crime written by Jared C. Bennett and published by Aspen Publishing. This book was released on 2019-06-10 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental Crime: Pollution and Wildlife Enforcement is a complete introduction to some of the newest and most complex criminal statutes within the federal penal system. Regardless of whether a student has any background in environmental law or the federal criminal process, he/she will learn of the policy origins of environmental criminal enforcement, the centrality of prosecutorial discretion, federal criminal standards and procedure, and the most important pollution and wildlife crimes within the United States Code. Coverage includes the Clean Water Act, Clean Air Act, RCRA, CERLA, FIFRA, the Lacey Act, the Endangered Species Act and its enforcement of CITES, the Migratory Bird Treaty Act, the Bald and Golden Eagle Protection Act, animal fighting statutes, and other commonly used conventional statutes in criminal prosecutions. Professors and students will benefit from: Robust analysis of major pollution laws, their history, and why and how they are criminally enforced Broad examination of criminal laws governing wildlife protection and trafficking The role of international, state, and tribal laws in federal environmental enforcement Cutting-edge cases and case notes Numerous hypothetical case examples that link general federal criminal principles with environmental law A level playing field for students regardless of prior exposure to pollution and wildlife laws or criminal processes Interdisciplinary approach to the use of science in proving heightened burden of criminal environmental enforcement
Book Synopsis Environmental Crime by : Yingyi Situ
Download or read book Environmental Crime written by Yingyi Situ and published by SAGE. This book was released on 2000 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Yingyi Situ and David Emmons in Environmental Crime address a neglected area in Criminology and Criminal Justice and do so with masterful attention to details of environmental law, law enforcement, enthralling examples and up-to-date cases. Well-written, scholarly and incisive in its commentary and stellar in organization, their work will be well received by both undergraduate and graduate students." - Frank E. Hagan, Ph.D., Chair, Graduate Program in Administration of Justice, Professor of Sociology/Criminal Justice, Mercyhurst College, Pennsylvania We and our environment are at risk. Air, water, and soil pollution, hazardous waste disposal, global warming, acid rain, and reduction of the ozone layer threaten the natural environment and endanger people's health. Within the last decade, however, environmental violations have been defined as crimes and violators viewed as criminals; and criminal prosecution of the accused and criminal sanctions against the convicted have accelerated. This accessibly written book examines the criminalization of environmental wrong-doing. Designed as a textbook for environmental crime courses at the undergraduate or beginning graduate levels, it is comprehensive and logically organized. The text explores the nature, causes, investigation, prosecution, and prevention of environmental crime. Special emphasis is placed on the human, economic, social, and psychological impacts of the environmental crime by corporations, criminal organizations, the government, and individuals. Although examples throughout the book reflect not only North America but the world, a final chapter is devoted to global environmental law. The chapter also reviews promising approaches being used by other nations in fighting environmental crime.
Book Synopsis A Practical Guide to Environmental Enforcement by : Christopher Badger
Download or read book A Practical Guide to Environmental Enforcement written by Christopher Badger and published by . This book was released on 2021-02-23 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a short practical guide to environmental enforcement law. It is intended to be a helpful resource for established practitioners as well as an introduction to those new to the subject and a useful tool for those advising both organisations and individuals on environmental enforcement as well as those tasked with the duties of environmental regulation. The subjects covered include waste and water offences, investigatory powers, enforcement notices, criminal proceedings and sentencing and civil sanctions. The book also provides a summary of corporate and individual liability for environmental offences. Key provisions of relevant environmental legislation are highlighted, together with selected quotes from key authorities on the application of the law in practice. Further commentary provides expert analysis on the interpretation and implementation of environmental law.
Book Synopsis Crimes Against the Environment by : Susan F. Mandiberg
Download or read book Crimes Against the Environment written by Susan F. Mandiberg and published by MICHIE. This book was released on 1997 with total page 854 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Legal Regulation of Environmental Crime by : Valsamis Mitsilegas
Download or read book The Legal Regulation of Environmental Crime written by Valsamis Mitsilegas and published by BRILL. This book was released on 2022-01-17 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Legal Regulation of Environmental Crime - The International and European Dimension provides a timely, comprehensive and holistic analysis of the international and EU legal frameworks aimed at tackling environmental crime. Bringing together a team of leading international and EU scholars with distinct expertise in environmental law and environmental criminal law, the volume discusses current reforms of environmental law at the international and EU levels.
Book Synopsis Victims of Environmental Crime - Mapping the Issues [electronic Resource] by : Eileen Skinnider
Download or read book Victims of Environmental Crime - Mapping the Issues [electronic Resource] written by Eileen Skinnider and published by . This book was released on 2011 with total page 77 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Responding to Environmental Crimes by : Mark Wright
Download or read book Responding to Environmental Crimes written by Mark Wright and published by Springer Nature. This book was released on 2021-11-09 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a critical study of environmental regulation and its enforcement in New Zealand, situated within green criminology. It seeks to address the question of whether the offences in the Resource Management Act 1991 are 'working', by drawing on a range of sources including: central government data, local government policies and reports on enforcement, information requests of councils, studies of local authority enforcement behaviour and case law to. Through highly layered and richly textured analysis, the project exposes the problems that can arise when an expansive approach is taken to offences, penalties and institutional arrangements in an environmental regulatory statute. It emphasizes how discussions of harm and what should be unlawful will ensure that law-makers' enforcement tools will align with their goals for punishment. It examines higher-level issues such as ‘wrongfulness’ and ‘criminality’ in the environmental regulatory context and explores the relevance of its findings to jurisdictions outside of New Zealand. It also discusses the pros and cons of criminalisation and punishment versus restoration. It speaks to those interested in green criminology, regulatory compliance and enforcement, and applications of criminal law.
Book Synopsis Environmental Adjudication by : Emma Lees
Download or read book Environmental Adjudication written by Emma Lees and published by Bloomsbury Publishing. This book was released on 2020-09-17 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a detailed study of the role of the judiciary in environmental law. It examines theoretical issues concerning the role of judges, taking account of different legal cultures and contexts, exploring the multifaceted pressures which rest on the shoulders of courts when navigating the tensions between maintaining neutrality, resolving disputes, and providing guidance and assistance for future courts, policy-makers and decision-makers. In addition, it explores the particular challenges which arise in an environmental context, before articulating the range of environmental dispute 'models' which can and do exist in the context of the environmental law of England and Wales. The second part of the book looks at the consequences of these findings, and explores the relationship between adjudication and coherence before concluding with an exploration of what constitutes 'good' environmental adjudication.
Download or read book Environmental Law written by Stuart Bell and published by Oxford University Press. This book was released on 2017 with total page 873 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edition of 'Environmental Law' includes material on environmentalism and the law, international environmental law, access to environmental justice, noise pollution and new legislation on pollution prevention and new case law.
Book Synopsis Oxford Handbook of Comparative Environmental Law by : Emma Lees
Download or read book Oxford Handbook of Comparative Environmental Law written by Emma Lees and published by Oxford Handbooks. This book was released on 2019-04 with total page 1316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook is the first comprehensive account of comparative environmental law. It examines in detail the methodological foundations of the discipline as well as the substance of environmental law across countries from four vantage points: country studies from all continents, responses to common problems (including air pollution, water management, nature conservation, genetically modified organisms, climate change and energy, chemicals, waste), foundational components of environmental law systems (including principles, property rights, administrative and judicial organisation, command-and-control regulation, market mechanisms, informational techniques and liability mechanisms), and common interactions of environmental protection with the broader public, private, and criminal law contexts. 0The volume brings together the foremost authorities in this field from around the world to provide a concise, self-contained, and technically rigorous account of environmental law as a single overall system.
Book Synopsis Transnational Environmental Crime by : Rob White
Download or read book Transnational Environmental Crime written by Rob White and published by Routledge. This book was released on 2018-10-08 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive introduction to and overview of eco-global criminology. Eco-global criminology refers to a criminological approach that is informed by ecological considerations and by a critical analysis that is global in scale and perspective. Based upon eco-justice conceptions of harm, it focuses on transgressions against environments, non-human species and humans. At the centre of eco-global criminology is analysis of transnational environmental crime. This includes crimes related to pollution (of air, water and land) and crimes against wildlife (including illegal trade in ivory as well as live animals). It also includes those harms that pose threats to the environment more generally (such as global warming). In addressing these issues, the book deals with topics such as the conceptualization of environmental crime or harm, the researching of transnational environmental harm, climate change and social conflict, threats to biodiversity, toxic waste and the transference of harm, prosecution and sentencing of environmental crimes, and environmental victimization and transnational activism. This book argues that analysis of transnational environmental crime needs to incorporate different notions of harm, and that the overarching perspective of eco-global criminology provides the framework for this. Transnational Environmental Crime will be an essential resource for students, academics, policy-makers, environmental managers, police, magistrates and others with a general interest in environmental issues.
Book Synopsis Environmental Interests in Investment Arbitration by : Flavia Marisi
Download or read book Environmental Interests in Investment Arbitration written by Flavia Marisi and published by Kluwer Law International B.V.. This book was released on 2020-01-24 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental Interests in Investment Arbitration Challenges and Directions Flavia Marisi Economic growth, social inclusion, and environmental protection stand at the core of sustainable development, which aims to deliver long-term growth for current and future generations. Foreign Direct Investment (FDI) can play a key role in sustainable development. Host states’ benefits descending from FDI inflows include tax revenues, technology transfer, specialised training of local human resources, network with satellite activities, better availability of quality products and customer-centric services. These downstream effects jointly stimulate economic growth and social inclusion. This thoroughly researched book explores the relationship between environmental protection – the third component of sustainable development – and FDI. In practice, the intersection between environmental protection and foreign investment not only has generated remarkable success stories such as cross-sectoral green investment but has also in some instances led to severe cases of environmental degradation. Certain foreign investments resulted in open-pit mines leaking harmful substances into the soil, excessive deforestation, improper treatment of water, pollution of groundwater and contamination of mud pits following oil exploitation, leaving the host state with significant environmental damage. Some other cases have witnessed the host state withdrawing or infringing its own environmental policies, which could, in principle, lead to a decrease in the value of the foreign investment as a result of natural resources deterioration. In recent years, an increasing number of investment arbitration cases have seen a clash between the states’ commitments towards their citizens, which include the duty to protect the environment, their health and well-being, and the commitment towards foreign investors to protect their investments. In this book, the author focuses on investor-state cases in which environmental protection measures have been contested and discusses substantive mechanisms in treaty drafting, rules of Customary International Law, and interpretation doctrines, which are aimed at taking environmental concerns into consideration. The topics covered include the following: statistical analysis of investor-state cases where environmental protection measures have been contested; the role of environmental principles in investor-state arbitration; treaty mechanisms addressing environmental concerns; legal tools available under Customary International Law to address environmental interests; the application of the doctrines of proportionality, police powers, and margin of appreciation; and environmental counterclaims as an instrument to claim compensation for environmental damage. The author provides a detailed framework on the normative architecture, offers an extensive analysis of the relevant case law, and proposes concrete solutions to the identified clashes, aimed at refining the balance between environmental and investment protection. With its in-depth analysis and careful documentation, this book aptly captures the inherent fragmentation of international law and undoubtedly represents an invaluable resource for both international law practitioners and scholars. The solution-oriented approach adopted in the book will be welcomed by legal counsel, law firms, investment treaty negotiators, and decision makers at the different stages of investment lawmaking and practice, as well as by international institutions and academics.
Book Synopsis Environmental Crimes Deskbook by : John F. Cooney
Download or read book Environmental Crimes Deskbook written by John F. Cooney and published by Environmental Law Institute. This book was released on 1996 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Environmental Crimes Deskbook will help environmental professionals understand the rapidly growing and complex area of criminal enforcement of environmental law and avoid the field`s abundant traps for the unwary.
Book Synopsis Information Systems and the Environment by : National Academy of Engineering
Download or read book Information Systems and the Environment written by National Academy of Engineering and published by National Academies Press. This book was released on 2001-09-13 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: Information technology is a powerful tool for meeting environmental objectives and promoting sustainable development. This collection of papers by leaders in industry, government, and academia explores how information technology can improve environmental performance by individual firms, collaborations among firms, and collaborations among firms, government agencies, and academia. Information systems can also be used by nonprofit organizations and the government to inform the public about broad environmental issues and environmental conditions in their neighborhoods. Several papers address the challenges to information management posed by the explosive increase in information and knowledge about environmental issues and potential solutions, including determining what information is environmentally relevant and how it can be used in decision making. In addition, case studies are described and show how industry is using information systems to ensure sustainable development and meet environmental standards. The book also includes examples from the public sector showing how governments use information knowledge systems to disseminate "best practices" beyond big firms to small businesses, and from the world of the Internet showing how knowledge is shared among environmental advocates and the general public.
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