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Courts And The Environment
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Book Synopsis International Judicial Practice on the Environment by : Christina Voigt
Download or read book International Judicial Practice on the Environment written by Christina Voigt and published by Cambridge University Press. This book was released on 2019-04-18 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evaluates the fundamental legitimacy of judicial practice in the growing number of environmental cases heard before international courts.
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 Greening Justice by : George William Pring
Download or read book Greening Justice written by George William Pring and published by . This book was released on 2009 with total page 119 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This report lays out a decision-making framework for creating an ECT [environmental court and tribunal] that can be useful in different legal cultures and political situations. It provides the tools and support necessary to enhance access to environmental justice in countries around the world that, in turn, will advance the principles of environmental protection, sustainable development, and intergenerational equity through the institutions responsible for delivering environmental justice"--Introd.
Book Synopsis Climate in Court by : de Vilchez Moragues, Pau
Download or read book Climate in Court written by de Vilchez Moragues, Pau and published by Edward Elgar Publishing. This book was released on 2022-04-15 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Answering the key question of whether there is an obligation for States to define and enact sound climate policies in order to avoid the impacts of global warming, this timely book provides expert analysis on recent global climate cases, assessing not only the plaintiffs’ claims but also the legal reasoning put forward by the courts.
Book Synopsis The Law of Environmental Justice by : Michael Gerrard
Download or read book The Law of Environmental Justice written by Michael Gerrard and published by American Bar Association. This book was released on 2008 with total page 920 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental justice is the concept that minority and low-income individuals, communities and populations should not be disproportionately exposed to environmental hazards, and that they should share fully in making the decisions that affect their environment. This volume examines the sources of environmental justice law and how evolving regulations and court decisions impact projects around the country.
Book Synopsis Should Trees Have Standing? by : Christopher D. Stone
Download or read book Should Trees Have Standing? written by Christopher D. Stone and published by Oxford University Press. This book was released on 2010-04-07 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 1972, Should Trees Have Standing? was a rallying point for the then burgeoning environmental movement, launching a worldwide debate on the basic nature of legal rights that reached the U.S. Supreme Court. Now, in the 35th anniversary edition of this remarkably influential book, Christopher D. Stone updates his original thesis and explores the impact his ideas have had on the courts, the academy, and society as a whole. At the heart of the book is an eminently sensible, legally sound, and compelling argument that the environment should be granted legal rights. For the new edition, Stone explores a variety of recent cases and current events--and related topics such as climate change and protecting the oceans--providing a thoughtful survey of the past and an insightful glimpse at the future of the environmental movement. This enduring work continues to serve as the definitive statement as to why trees, oceans, animals, and the environment as a whole should be bestowed with legal rights, so that the voiceless elements in nature are protected for future generations.
Book Synopsis Youth Climate Courts by : Thomas A. Kerns
Download or read book Youth Climate Courts written by Thomas A. Kerns and published by Routledge. This book was released on 2021-10-14 with total page 69 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on Youth Climate Courts, a bold new tool that young people in their teens and twenties can use to compel their local city or county government to live up to its human rights obligations, formally acknowledge the climate crisis, and take major steps to address it. Tom Kerns shows how youth climate leaders can form their own local Youth Climate Court, with youth judges, youth prosecuting attorneys, and youth jury members, and put their local city or county government on trial for not meeting its human rights obligations. Kerns describes how a Youth Climate Court works, how to start one, what human rights are, what they require of local governments, and what governmental changes a Youth Climate Court can realistically hope to accomplish. The book offers young activists a brand new, user-friendly, cost-free, barrier-free, powerful tool for forcing local governments to come to terms with their obligation to protect the rights of their citizens with respect to the climate crisis. This book offers a unique new tool to young climate activists hungry for genuinely effective ways to directly move governments to aggressively address the climate crisis.
Book Synopsis Climate Change Litigation: Global Perspectives by : Ivano Alogna
Download or read book Climate Change Litigation: Global Perspectives written by Ivano Alogna and published by BRILL. This book was released on 2021-04-26 with total page 567 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ground-breaking volume provides analyses from experts around the globe on the part played by national and international law, through legislation and the courts, in advancing efforts to tackle climate change, and what needs to be done in the future. Published under the auspices of the British Institute of International and Comparative Law (BIICL), the volume builds on an event convened at BIICL, which brought together academics, legal practitioners and NGO representatives. The volume offers not only the insights from that event, but also additional materials, sollicited to offer the reader a more complete picture of how climate change litigation is evolving in a global perspective, highlighting both opportunities, and constraints.
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 455 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 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 265 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 Law and Justice in Context by : Jonas Ebbesson
Download or read book Environmental Law and Justice in Context written by Jonas Ebbesson and published by Cambridge University Press. This book was released on 2009-02-19 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: political science and international relations." --Book Jacket.
Book Synopsis Regulation and the Courts by : R. Shep Melnick
Download or read book Regulation and the Courts written by R. Shep Melnick and published by Brookings Institution Press. This book was released on 1983 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, federal courts have become increasingly aggressive in shaping regulatory policy, abandoning their traditional deference to bureaucratic expertise. This new judicial activism has been particular evident in the regulation of air pollution. R. Shep Melnick analyzes the effects a variety of court decisions have had on federal air pollution control policy and assesses the courts’ institutional capacity for policymaking in such a complex arena. In six cases studies of environmental programs or issues he examines the interplay among the courts, the Environmental Protection Agency, Congress, and the White House. The conventional wisdom is that the courts have improved environmental policymaking, but Melnick concludes that as a whole "the consequences of court action under the Clean Air Act are neither random nor beneficial.” He finds that "court action has encouraged legislators and administrators to establish goals without considering how they canbe achieved,” widening the gap between promise and performance. The results, he charges, have been increased cynicism, serious inefficiencies and inequities, and a lack of rational debate. An analysis of the institutional characteristics of the judicial branch reveals how these problems have come about and why they are likely to afflict other programs as well as environmental regulation. The author proposes several reforms to improve the courts’ ability to handle regulatory cases.
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 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 Sustainable Development Principles in the Decisions of International Courts and Tribunals by : Marie-Claire Cordonier Segger
Download or read book Sustainable Development Principles in the Decisions of International Courts and Tribunals written by Marie-Claire Cordonier Segger and published by Taylor & Francis. This book was released on 2017-05-08 with total page 933 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2002 New Delhi Declaration of Principles of International Law relating to Sustainable Development set out seven principles on sustainable development, as agreed in treaties and soft-law instruments from before the 1992 Rio ‘Earth Summit’ UNCED, to the 2002 Johannesburg World Summit on Sustainable Development, to the 2012 Rio UNCSD. Recognition of the New Delhi principles is shaping the decisions of dispute settlement bodies with jurisdiction over many subjects: the environment, human rights, trade, investment, and crime, among others. This book explores the expanding international jurisprudence incorporating principles of international law on sustainable development. Through chapters by respected experts, the volume documents the application and interpretation of these principles, demonstrating how courts and tribunals are contributing to the world’s Sustainable Development Goals, by peacefully resolving disputes. It charts the evolution of these principles in international law from soft law standards towards recognition as customary law in certain instances, assessing key challenges to further judicial consideration of the principles, and discussing, for instance, how their relevance for compliance and disputes related to the 2015 Paris Agreement on climate change. The volume provides a unique contribution of great interest to law and policy-makers, judges, academics, students, civil society and practitioners concerned with sustainable development and the law, globally.
Book Synopsis The Making of Environmental Law by : Richard J. Lazarus
Download or read book The Making of Environmental Law written by Richard J. Lazarus and published by University of Chicago Press. This book was released on 2008-09-15 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: The unprecedented expansion in environmental regulation over the past thirty years—at all levels of government—signifies a transformation of our nation's laws that is both palpable and encouraging. Environmental laws now affect almost everything we do, from the cars we drive and the places we live to the air we breathe and the water we drink. But while enormous strides have been made since the 1970s, gaps in the coverage, implementation, and enforcement of the existing laws still leave much work to be done. In The Making of Environmental Law, Richard J. Lazarus offers a new interpretation of the past three decades of this area of the law, examining the legal, political, cultural, and scientific factors that have shaped—and sometimes hindered—the creation of pollution controls and natural resource management laws. He argues that in the future, environmental law must forge a more nuanced understanding of the uncertainties and trade-offs, as well as the better-organized political opposition that currently dominates the federal government. Lazarus is especially well equipped to tell this story, given his active involvement in many of the most significant moments in the history of environmental law as a litigator for the Justice Department's Environment and Natural Resources Division, an assistant to the Solicitor General, and a member of advisory boards of the U.S. Environmental Protection Agency, the World Wildlife Fund, and the Environmental Defense Fund. Ranging widely in his analysis, Lazarus not only explains why modern environmental law emerged when it did and how it has evolved, but also points to the ambiguities in our current situation. As the field of environmental law "grays" with middle age, Lazarus's discussions of its history, the lessons learned from past legal reforms, and the challenges facing future lawmakers are both timely and invigorating.
Book Synopsis The Rule of Five by : Richard J. Lazarus
Download or read book The Rule of Five written by Richard J. Lazarus and published by Belknap Press. This book was released on 2020-03-10 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the Julia Ward Howe Prize “The gripping story of the most important environmental law case ever decided by the Supreme Court.” —Scott Turow “In the tradition of A Civil Action, this book makes a compelling story of the court fight that paved the way for regulating the emissions now overheating the planet. It offers a poignant reminder of how far we’ve come—and how far we still must go.” —Bill McKibben, author of The End of Nature On an unseasonably warm October morning, an idealistic young lawyer working on a shoestring budget for an environmental organization no one had heard of hand-delivered a petition to the Environmental Protection Agency, asking it to restrict greenhouse gas emissions from new cars. The Clean Air Act authorized the EPA to regulate “any air pollutant” thought to endanger public health. But could carbon dioxide really be considered a harmful pollutant? And even if the EPA had the authority to regulate emissions, could it be forced to do so? The Rule of Five tells the dramatic story of how Joe Mendelson and the band of lawyers who joined him carried his case all the way to the Supreme Court. It reveals how accident, infighting, luck, superb lawyering, politics, and the arcane practices of the Supreme Court collided to produce a legal miracle. The final ruling in Massachusetts v. EPA, by a razor-thin 5–4 margin brilliantly crafted by Justice John Paul Stevens, paved the way to important environmental safeguards which the Trump administration fought hard to unravel and many now seek to expand. “There’s no better book if you want to understand the past, present, and future of environmental litigation.” —Elizabeth Kolbert, author of The Sixth Extinction “A riveting story, beautifully told.” —Foreign Affairs “Wonderful...A master class in how the Supreme Court works and, more broadly, how major cases navigate through the legal system.” —Science
