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The Role Of The Judiciary In Environmental Governance
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Book Synopsis The Role of the Judiciary in Environmental Governance by : Louis J. Kotzé
Download or read book The Role of the Judiciary in Environmental Governance written by Louis J. Kotzé and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 642 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important book investigates the environmental legal frameworks, court structures and relevant jurisprudence of nineteen countries, representing legal systems and legal cultures from a diverse array of countries situated across the globe. In doing so, it distils comparative trends, new developments, and best practices in adjudication endeavours, highlighting the benefits and shortcomings of the judicial approach to environmental governance.
Book Synopsis Compendium of Summaries of Judicial Decisions in Environment Related Cases by : United Nations Environment Programme
Download or read book Compendium of Summaries of Judicial Decisions in Environment Related Cases written by United Nations Environment Programme and published by UNEP/Earthprint. This book was released on 2005 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: Success in tackling environmental degradation relies on the full participation of everyone in society. The judiciary is a crucial partner in promoting environmental governance, upholding the rule of law and in ensuring a fair balance between environmental, social and developmental considerations through its judgements and declarations. This publication outlines the work done by UNEP in cooperation with several partners in developing and implementing a programme to engage the judiciaries of all countries in the pursuit of the rule of law in the area of environment and sustainable development.
Book Synopsis Global Environmental Governance by : Louis J. Kotzé
Download or read book Global Environmental Governance written by Louis J. Kotzé and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔThis book is a novel, sophisticated, broad ranging and insightful study of the idea of global environmental governance but from a legal dimension and perspective. While recognising that concepts and ideas used to describe governance are generally abstract, vague and slippery, this project brings clarity to the field by being theoretically informed, contextually sensitive and pragmatically circumscribed. Its conclusions and arguments open up a field of inquiry that has to be genuinely interdisciplinary and in that sense has great potential to contribute to a better understanding of environmental themes and issues. This book is destined to become a landmark for legal academics who will write about environmental governance in that its concern is with the global governance of nature rather than a text that uses the environment as a pretext for understanding governance. It is well written, easy and enjoyable to read and while it traverses through diverse bodies of literature it manages to effectively communicate with a variety of scholarly communities.Õ Ð Afshin Akhtarkhavari, Griffith Law School, Australia ÔFourth generation global environmental regulation attempts to address the complex realities of an interconnected environment, global environmental problems and collective regulatory responses. It merits conceptual clarity. Louis KotzŽ reveals the legal contours and content of global environmental governance by chipping away such parts of the conceptual marble block as are not needed. For the environmental lawyer, it is a welcome Ð and much needed Ð process of elimination. This book provides a toolkit for lawyers to engage critically with the extra-legal concept of environmental governance. Its scrutiny and careful analysis contribute meaningfully to the environmental discourse.Õ Ð Christine Voigt, University of Oslo, Norway ÔGlobal Environmental Governance is a truly important book. Drawing on a multitude of disciplines, award-winning environmental law Professor Louis KotzŽ masterfully explains the emerging concept of Òglobal environmental governanceÓ and its elements of globalism, environmental law, regulation, and governance theory. He makes a compelling case that the world has outgrown the ÒsustainabilityÓ model and moved toward this more all-encompassing approach to environmental regulation. This admirable book makes global environmental governance theory understandable and pertinent so environmental leaders, lawyers, and regulators can engage comfortably with this new vision for an ecologically and economically healthy world.Õ Ð George (Rock) Pring, University of Denver Sturm College of Law, US ÔThis book, in examining the relationship between global environmental governance and environmental law, provides an important and timely contribution to the quest to fashion a more viable approach to regulating the relationship between humanity and the environment. While the term ÒgovernanceÓ is much employed in international environmental law scholarship, its conceptual underpinnings have not, on the whole, been adequately addressed in the legal sphere and understanding of the symbiotic relationship between the two areas has suffered as a result. This book makes a welcome start to tackling these issues and, it is to be hoped, will trigger renewed vigour in this socially and legally vital area of inquiry.Õ Ð Karen Morrow, University of Swansea, Wales, UK ÔFor years, scholars of international law and international relations have developed parallel literatures. In Global Environmental Governance, Louis KotzŽ offers a common conceptual, theoretical, and normative ground in the global environmental field. As a skillful lawyer, he dissects terminology, explains core assumptions, and constructs causal chains. But he does not stop there. His shrewd analysis of power and authority, individual incentives and collective action, management and regulation builds a bridge between law and politics as disciplines concerned about what global environmental governance is and how it can be improved.Õ Ð Maria Ivanova, University of Massachusetts, US ÔIn search of shelter from the buffeting blasts of climate change, biodiversity loss, resource depletion, famine and disease, states and public agencies, community representatives, resource users, advocacy networks and citizens huddle together under the vast and varied institutional umbrellas of environmental governance. Louis KotzŽÕs innovative study systematically describes the role of environmental law as the springs, stretchers, ribs and handles of the decision-making umbrellas we so desperately hope will hold firm when they are opened up in times of need.Õ Ð Jamie Benidickson, University of Ottawa, Canada ÔThe concept of Òglobal environmental governanceÓ has been part of the lexicon in accounts of global environmental politics for some time. Yet to date it has escaped comprehensive assessment from a legal perspective. This groundbreaking work fills this gap in the literature. It offers a masterful analysis of the theoretical underpinnings of the environmental governance, and highlights the critical importance of environmental regulation in ensuring that environmental governance lives up to its promise as a means for achieving truly ecologically sustainable development.Õ Ð Tim Stephens, University of Sydney, Australia This timely book brings much-needed clarity to the concept of Ôenvironmental governanceÕ as manifested in the global regulatory domain. The author argues that despite being used as a fashionable term by many Ð including economists, political scientists, environmentalists and, increasingly, lawyers Ð its theoretical contours and conceptual content remain unclear, incoherent, and inconsistent. In addressing this problem, the book begins by describing globalization as a general context of governance. It comprehensively interrogates and clarifies both the governance and global governance concepts, and then explains aspects and components of global environmental governance. Finally it investigates the role of law in global environmental governance. Providing a much-needed definition of environmental governance and global environmental governance, this comprehensive study will appeal to academics and researchers, post-graduate and under-graduate students, intergovernmental organizations such as UNEP, WTO, IUCN, as well as governments and governmental agencies involved with environmental regulation.
Book Synopsis Courts and the Environment by : Christina Voigt
Download or read book Courts and the Environment written by Christina Voigt and published by Edward Elgar Publishing. This book was released on with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: This discerning book examines the challenges, opportunities and solutions for courts adjudicating on environmental cases. It offers a critical analysis of the practice and judgments of courts from various representative and influential jurisdictions.
Book Synopsis Global Environmental Governance by : Amedeo Postiglione
Download or read book Global Environmental Governance written by Amedeo Postiglione and published by Emile Bruylant. This book was released on 2010 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: "ICEF (International Court of the Environment Foundation)."--T.p.
Book Synopsis Judges and the Rule of Law by : Thomas Greiber
Download or read book Judges and the Rule of Law written by Thomas Greiber and published by IUCN. This book was released on 2006 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judges play a critical role in the development, enforcement and compliance with environmental law. To showcase the role of the judiciary in upholding the rule of law, IUCN organized a "Judiciary Day" at its 2004 World Conservation Congress in Bangkok. This publication contains papers and speeches covering some of the cutting-edge themes that were discussed. It is hoped that these proceedings will enable a wide community of readers to better understand the crucial role of the judiciary in achieving the goals of sustainable development and nature conservation.
Book Synopsis International Courts and Environmental Protection by : Tim Stephens
Download or read book International Courts and Environmental Protection written by Tim Stephens and published by Cambridge University Press. This book was released on 2009-02-12 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive examination of international environmental litigation which addresses the major environmental challenges of the twenty-first century.
Book Synopsis Comparative and Global Environmental Law and Policy by : Tseming Yang
Download or read book Comparative and Global Environmental Law and Policy written by Tseming Yang and published by Aspen Publishing. This book was released on 2019-09-13 with total page 1222 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
Author :United States. Department of Justice. Land and Natural Resources Division Publisher : ISBN 13 : Total Pages :696 pages Book Rating :4.F/5 ( download)
Book Synopsis Report of the President, Acting Through the Attorney General, on the Feasibility of Establishing an Environmental Court System by : United States. Department of Justice. Land and Natural Resources Division
Download or read book Report of the President, Acting Through the Attorney General, on the Feasibility of Establishing an Environmental Court System written by United States. Department of Justice. Land and Natural Resources Division and published by . This book was released on 1973 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Courts and Water by : Grant P. Thompson
Download or read book Courts and Water written by Grant P. Thompson and published by . This book was released on 1973 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Greening International Jurisprudence by : Cathrin Zengerling
Download or read book Greening International Jurisprudence written by Cathrin Zengerling and published by Martinus Nijhoff Publishers. This book was released on 2013-08-22 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: Greening International Jurisprudence: Environmental NGOs before International Courts, Tribunals, and Compliance Committees examines how international judicial and quasi-judicial bodies enforce international environmental law, with particular consideration to the role of environmental NGOs. The analytical structure of the study is based on four aspects of discussion and research: the enforcement deficit in environmental law; global environmental governance and sustainable development; the proliferation of international judicial and quasi-judicial bodies; and deliberation and democratic global governance. Author Cathrin Zengerling analyses the institutional structure, as well as the environmental case law from a total of fourteen international courts, arbitral tribunals, and compliance committees with special focus on accessibility, comprehensiveness, and transparency. Underlying this analysis is the fundamental question of whether the respective body appropriately contributes to the realization of democratic governance for sustainable development. After presenting her core findings, the author provides concrete recommendations for future best practices and discusses the need for a new World Environment Court. Researchers, practitioners, and students of international environmental law will find an important, thought-provoking and timely new text in Greening International Jurisprudence: Environmental NGOs before International Courts, Tribunals, and Compliance Committees.
Book Synopsis The Environmental Decade in Court by : Lettie M. Wenner
Download or read book The Environmental Decade in Court written by Lettie M. Wenner and published by . This book was released on 1982-06-22 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: The passage of the National Environmental Policy Act (NEPA) in 1969 signaled a new era for American law, when both proponents and opponents of strict safeguards on the environment looked more and more to the courts to settle their disputes. Lettie M. Wenner examines the role of the federal judiciary in implementing environmental laws in the ten years after the passage of the NEPA. Her major focus is on the overall policy patterns that emerged from court decisions on environmental issues during this period, demonstrating the function of the courts as a public policy maker. The author concludes that, in general, the federal courts have proven to be more environmentally oriented when they have faced specific enforcement demands in the context of pollution control laws than when they have been asked to make broad policy decisions based on discretionary laws.
Book Synopsis Environmental Justice in India by : Gitanjali Nain Gill
Download or read book Environmental Justice in India written by Gitanjali Nain Gill and published by Taylor & Francis. This book was released on 2016-11-10 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern environmental regulation and its complex intersection with international law has led many jurisdictions to develop environmental courts or tribunals. Strikingly, the list of jurisdictions that have chosen to do this include numerous developing countries, including Bangladesh, Kenya and Malawi. Indeed, it seems that developing nations have taken the task of capacity-building in environmental law more seriously than many developed nations. Environmental Justice in India explores the genesis, operation and effectiveness of the Indian National Green Tribunal (NGT). The book has four key objectives. First, to examine the importance of access to justice in environmental matters promoting sustainability and good governance Second, to provide an analytical and critical account of the judicial structures that offer access to environmental justice in India. Third, to analyse the establishment, working practice and effectiveness of the NGT in advancing a distinctively Indian green jurisprudence. Finally, to present and review the success and external challenges faced and overcome by the NGT resulting in growing usage and public respect for the NGT’s commitment to environmental protection and the welfare of the most affected people. Providing an informative analysis of a growing judicial development in India, this book will be of great interest to students and scholars of environmental justice, environmental law, development studies and sustainable development.
Book Synopsis Environmental Governance in China by : Jesse Turiel
Download or read book Environmental Governance in China written by Jesse Turiel and published by BRILL. This book was released on 2020-01-20 with total page 75 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article provides an analytical overview of major works on the topic of environmental governance in China, with a particular emphasis on studies examining policies during the reform era (post-1978).
Book Synopsis The Environmental Decade in Court by : Lettie M. Wenner
Download or read book The Environmental Decade in Court written by Lettie M. Wenner and published by . This book was released on with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: The passage of the National Environmental Policy Act (NEPA) in 1969signaled a new era for American law, when both proponents and opponents of strictsafeguards on the environment looked more and more to the courts to settle theirdisputes. Lettie M. Wenner examines the role of the federal judiciary inimplementing environmental laws in the ten years after the passage of the NEPA. Hermajor focus is on the overall policy patterns that emerged from court decisions onenvironmental issues during this period, demonstrating the function of the courts asa public policy maker. The author concludes that, in general, the federal courtshave proven to be more environmentally oriented when they have faced specificenforcement demands in the context of pollution control laws than when they havebeen asked to make broad policy decisions based on discretionary laws.
Download or read book Green Benches written by Tun Lin and published by Asian Development Bank. This book was released on 2009-12-01 with total page 77 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rapid economic growth of the People's Republic of China (PRC) over the last 30 years has generated many environmental problems and a concomitant rise in the number of environmental disputes. Until 1989, legal cases arising from these disputes were usually heard in the people's courts of general jurisdiction. In that year, however, the development of the environment court system accelerated, leading to the creation of 11 such courts for pilot cases, a sign of the high priority the PRC has given to environmental protection over the past two decades. This publication examines the effectiveness of environment courts in the PRC and elsewhere, so that the lessons learned can be applied in the PRC and in other developing countries. It also recommends ways to promote environmental justice in the PRC, given that the 11 environment courts are no longer enough to handle the rapidly increasing caseload throughout the country.
