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Environmental Groups And Legal Expertise
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Book Synopsis Environmental Groups and Legal Expertise by : Carolyn Abbot
Download or read book Environmental Groups and Legal Expertise written by Carolyn Abbot and published by UCL Press. This book was released on 2021-03-04 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental Groups and Legal Expertise explores the use and understanding of law and legal expertise by environmental groups. Rather than the usual focus on the court room, it scrutinises environmental NGO advocacy during the extraordinarily dramatic Brexit process, from the referendum on leaving the EU in June 2016 to the debate around the new Environment Bill in the first half of 2020. There is generally a weak understanding of both the complexity and the potential of legal expertise in the environmental NGO community. Legal expertise can be more than a tool for campaigners, and more than litigation: it provides distinctive ways of both seeing the world and changing the world. The available legal resource in the sector is not just a practical limit on what can be done, but spills into the very understanding of what should be done, and what resource is needed. Mutually reinforcing links between capacity, understanding, culture and investment affect legal expertise across the board. There are, however, pockets of sophisticated legal expertise in the community, and legal expertise was heavily and often effectively used in the anomalously law-heavy Brexit-environment debate. The ability to call on thinly spread legal expertise in a crisis was in part due to effective NGO collaboration around Brexit-environment.
Book Synopsis Environmental Groups and Legal Expertise by : Carolyn Abbot
Download or read book Environmental Groups and Legal Expertise written by Carolyn Abbot and published by . This book was released on 2021 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental Groups and Legal Expertise explores the use and understanding of law and legal expertise by environmental groups. Rather than the usual focus on the court room, it scrutinises environmental NGO advocacy during the extraordinarily dramatic Brexit process, from the referendum on leaving the EU in June 2016 to the debate around the new Environment Bill in the first half of 2020. There is generally a weak understanding of both the complexity and the potential of legal expertise in the environmental NGO community. Legal expertise can be more than a tool for campaigners, and more than litigation: it provides distinctive ways of both seeing the world and changing the world. The available legal resource in the sector is not just a practical limit on what can be done, but spills into the very understanding of what should be done, and what resource is needed. Mutually reinforcing links between capacity, understanding, culture and investment affect legal expertise across the board. There are, however, pockets of sophisticated legal expertise in the community, and legal expertise was heavily and often effectively used in the anomalously law-heavy Brexit-environment debate. The ability to call on thinly spread legal expertise in a crisis was in part due to effective NGO collaboration around Brexit-environment.
Author :Martin Führ Publisher :Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften ISBN 13 : Total Pages :212 pages Book Rating :4.3/5 (511 download)
Book Synopsis Participation and Litigation Rights of Environmental Associations in Europe by : Martin Führ
Download or read book Participation and Litigation Rights of Environmental Associations in Europe written by Martin Führ and published by Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften. This book was released on 1991 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assembles the revised papers of an international conference and thus offers a comprehensive comparative overview of the participation and litigation rights of environmental associations in Europe. This is supplemented by a compilation of the relevant statutory law in force. Besides the legal background, the focus of interest is above all on practical experience with participation and litigation rights from the point of view of the environmental associations. The contributions show that the effectivity of group actions is extremely high. In none of the analysed countries were there the slightest indications of any undue strain being placed on the judicial system by this instrument. There can be no doubt that the participation and litigation rights of environmental organizations are important instruments in reducing the enforcement deficit in environmental protection. With a view to the fact that Europe is growing more and more into one entity, the need of participation of environmental NGO's on the European level becomes a pressing necessity.
Book Synopsis Unnatural Bounty by : Bruce L. Benson
Download or read book Unnatural Bounty written by Bruce L. Benson and published by . This book was released on 2006 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Reflections on an International Environmental Court by : Ellen Hey
Download or read book Reflections on an International Environmental Court written by Ellen Hey and published by Martinus Nijhoff Publishers. This book was released on 2000-10-10 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law governing the settlement of disputes through law-based forums, such as courts, tribunals and arbitral tribunals, is fraught with limitations that are becoming especially apparent with respect to disputes that involve the protection of the environment. However despite the deficiencies of the law, international courts and tribunals have issued judgements in disputes involving the protection of the environment. At the global level the International Court of Justice (ICJ), the Appellate Body of the World Trade Organization (WTO) and the Tribunal for the Law of the Sea (ITLOS) have handed down decisions in relevant cases. In addition other legal forums can also be called upon to decide cases involving international environmental law. Such forums include the Environmental Chamber of the ICJ and the Permanent Court of Arbitration (PCA) under its general facilities and under the Environmental Facility that it is planning to establish. Similarly, special bodies, such as the United Nations Compensation Commission (UNCC), may decide on cases. Moreover, regional forums such as the European Court of Human Rights (ECHR), the Inter-American Court of Human Rights and the Court of Justice of the European Community (ECJ) have ruled on cases involving international environmental law. Despite these developments, calls for the establishment of an international environmental court at the global level persist. Several arguments have been advanced to justify the establishment of an international environmental court, for example the very many pressing environmental problems that exist today and the need for a bench consisting of experts in international environmental law to consider theseproblems, the need for individuals and groups to have access to environmental justice at the international level, the need to enable international organizations to be parties to disputes related to the protection of the environment and the need for dispute settlement procedures that enable the common interest in the environment to be addressed. Arguments against the establishment of an international environmental court have been advanced as well. These arguments include the following: the proliferation of international courts and tribunals would result in the fragmentation of international law, existing courts and tribunals are, or can be, well equipped to consider cases involving environmental issues and disputes involving international environmental law also involve other aspects of international law. This publication explores the arguments for and against the establishment of an international environmental court, examining topics such as the definition of an international environmental dispute and the concomitant expertise required on the bench, fragmentation and its root causes, access to justice and the representation of community interests. The author argues that the establishment of an international environmental court is not the most desirable option and she suggests that it might be more fruitful if we consider developments in environmental law, as well as in other relevant areas of international law, from a different perspective, namely, that of administrative law and reassess the relationship between international and national law. Such an approach, she argues is warranted if, "inter alia," viable means for resolving environmental disputes that may arise are to be identified.
Book Synopsis Global Democracy and Sustainable Jurisprudence by : Walter F. Baber
Download or read book Global Democracy and Sustainable Jurisprudence written by Walter F. Baber and published by MIT Press. This book was released on 2009-06-12 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: A proposal for a philosophical foundation and a realistic deliberative mechanism for creating a transnational common law for the environment. In Global Democracy and Sustainable Jurisprudence, Walter Baber and Robert Bartlett explore the necessary characteristics of a meaningful global jurisprudence, a jurisprudence that would underpin international environmental law. Arguing that theories of political deliberation offer useful insights into the current “democratic deficit” in international law, and using this insight as a way to approach the problem of global environmental protection, they offer both a theoretical foundation and a realistic deliberative mechanism for creating effective transnational common law for the environment. Their argument links elements not typically associated: abstract democratic theory and a practical form of deliberative democracy; the legitimacy-imparting value of deliberative democracy and the possibility of legislating through adjudication; common law jurisprudence and the development of transnational environmental law; and conceptual thinking that draws on Deweyan pragmatism, Rawlsian contractarianism, Habermasian critical theory, and the full liberalism of Bohman, Gutmann, and Thompson. Baber and Bartlett offer a democratic method for creating, interpreting, and implementing international environmental norms that involves citizens and bypasses states—an innovation that can be replicated and deployed across a range of policy areas. Transnational environmental consensus would develop through a novel model of juristic democracy that would generate legitimate international environmental law based on processes of hypothetical rule making by citizen juries. This method would translate global environmental norms into international law—law that, unlike all current international law, would be recognized as both fact and norm because of its inherent democratic legitimacy.
Book Synopsis Science-Based Lawmaking by : Dionysia-Theodora Avgerinopoulou
Download or read book Science-Based Lawmaking written by Dionysia-Theodora Avgerinopoulou and published by Springer Nature. This book was released on 2019-08-31 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Book takes the approach of a critique of the prevailing international environmental law-making processes and their systemic shortcomings. It aims to partly redesign the current international environmental law-making system in order to promote further legislation and more effectively protect the natural environment and public health. Through case studies and doctrinal analyses, an array of initial questions guides the reader through a variety of factors influencing the development of International Environmental Law. After a historical analysis, commencing from the Platonic philosophy up to present, the Book holds that some of the most decisive factors that could create an optimized law-making framework include, among others: progressive voting processes, science-based secondary international environmental legislation, new procedural rules, that enhance the participation in the law-making process by both experts and the public and also review the implementation, compliance and validity of the science-base of the laws. The international community should develop new law-making procedures that include expert opinion. Current scientific uncertainties can be resolved either by policy choices or by referring to the so-called „sound science.“ In formulating a new framework for environmental lawmaking processes, it is essential to re-shape the rules of procedure, so that experts have greater participation in those, in order to improve the quality of International Environmental Law faster than the traditional processes that mainly embrace political priorities generated by the States. Science serves as one of the main tools that will create the next generation of International Environmental Law and help the world transition to a smart, inclusive, sustainable future.
Book Synopsis The Demise of Environmentalism in American Law by : Michael S. Greve
Download or read book The Demise of Environmentalism in American Law written by Michael S. Greve and published by American Enterprise Institute. This book was released on 1996 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Michael S. Greve argues that environmental values no longer play a formative role in American law -- a sharp and recent change. Although ecological presumptions have some force, the author shows, the emerging legal doctrines are consistent with more efficient and sensible regulation. It would be a mistake, Greve cautions, to look to the judiciary for wholesale regulatory reform: such reform can come only from Congress.
Book Synopsis Strategies for Environmental Enforcement by : Stanford Environmental Law Society
Download or read book Strategies for Environmental Enforcement written by Stanford Environmental Law Society and published by . This book was released on 1995 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis International and European Environmental Law with Reference to German Environmental Law by : Lothar Knopp
Download or read book International and European Environmental Law with Reference to German Environmental Law written by Lothar Knopp and published by Lexxion Verlag. This book was released on 2008 with total page 10 pages. Available in PDF, EPUB and Kindle. Book excerpt: This guide has been conceived as a companion to students of international study programs, who are required to take courses in environmental law, to help them navigate their way through the subject matter, especially in the area of international and European environmental law. The target group is not limited to students with previous legal knowledge; it especially includes those who are not law students but are studying law as a complementary subject. In a condensed manner, the guide provides an overview of the fundamentals and most significant developments of environmental law, focusing on international and European environmental law. This is done by deliberately making connections to German environmental law in order to illustrate and make comprehensible the interplay between international environmental law, European environmental law, and - in referring to the German case - national environmental law. Drawing on climate protection as an example of global significance, the relations between these three levels are explored in-depth and their foundations and development are discussed.
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: More and more environmental cases are being heard and decided by international courts and tribunals which lack special environmental competence. This situation raises fundamental questions of legitimacy of the environmental practice of international courts. This book addresses inter alia questions of who has legal standing to bring an environmental claim before an international court, on which legal norms is the case decided and whether judges have the necessary expertise to adjudicate environmental cases of often complex nature. It analyses which challenges international courts face, which possibilities they have and which advances international judicial practice has been able to make in protecting the environment. Through the prism of legitimacy important insights emerge as to whether international courts and tribunals are fit for addressing some of the most pressing global challenges of our time.
Book Synopsis The Oxford Handbook of International Environmental Law by : Lavanya Rajamani
Download or read book The Oxford Handbook of International Environmental Law written by Lavanya Rajamani and published by Oxford University Press. This book was released on 2021-08-06 with total page 1104 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of this leading reference work provides a comprehensive discussion of the dynamic and important field of international law concerned with environmental protection. It is edited by globally-recognised international environmental law scholars, Professor Lavanya Rajamani and Professor Jacqueline Peel, and features 67 chapters authored by 76 renowned experts in their fields. The Handbook discusses the key principles underpinning international environmental law, its relevant actors and tools, and rules applying in its substantive sub-fields such as climate law, oceans law, wildlife and biodiversity law, and hazardous substances regulation. It also explores the intersection of international environmental law with other areas of international law, such as those concerned with trade, investment, disaster, migration, armed conflict, intellectual property, energy, and human rights. The Handbook sets its discussion of international environmental law in the broader interdisciplinary context of developments in science, ethics, politics and economics, which inform the way in which environmental rules are made, implemented, and enforced. It provides an introduction to the foundations of international environmental law while also engaging with questions at the frontiers of research, teaching, and practice in the field, including the role of Global South perspectives, the contribution made by Earth jurisprudence, and the growing role of a diverse range of actors from indigenous peoples to business and industry. Like the first edition, this second edition of the Handbook is an essential reference text for all engaged with environmental issues at the international level and the applicable governance and regulatory structures.
Book Synopsis Resolving Environmental Disputes by : Gail Bingham
Download or read book Resolving Environmental Disputes written by Gail Bingham and published by . This book was released on 1986 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis California Environmental Law and Policy by : Albert I. Herson
Download or read book California Environmental Law and Policy written by Albert I. Herson and published by . This book was released on 2017-03-28 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: The only book that covers the entire field of California environmental, land use, and natural resources law in a concise, user-friendly format. Authors Herson and Lucks have now thoroughly updated and expanded the first edition, includingSignificant updates to federal and state environmental law that occurred between 2008 and late 2016.An additional major chapter on international, national and state climate change law and policy.This book was written to serve the needs of planners, project applicants, developers, landowners, regulatory agency staff, consultants, attorneys, environmental managers, interested citizens, and students with a survey of California environmental law written for a general, non-technical audience.Written in non-technical language, the book comprehensively surveys the most important California environmental statutes and regulatory programs, as well as relevant federal environmental statutes and regulatory programs. It highlights landmark court cases and current policy issues, and provides practical tips on getting through the regulatory process successfully. To assist in more in-depth research, the book identifies sources of further information for each major program.
Book Synopsis Environmental Law and Policy by : James Salzman
Download or read book Environmental Law and Policy written by James Salzman and published by . This book was released on 2007 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental Law and Policy is a user-friendly, concise, inexpensive treatment of environmental law. Written to be read rather than used as a reference source, the authors provide a broad conceptual overview of environmental law while also explaining the major statutes and cases. The book is intended for four audiences ? students (both graduate and undergraduate) seeking a readable study guide for their environmental law and policy courses; professors who do not use casebooks (relying on their own materials or case studies) but want an integrating text for their courses or want to include conceptual materials on the major legal issues; and practicing lawyers and environmental professionals who want a concise, readable overview of the field. The first part of the book provides an engaging discussion of the major themes and issues that cross-cut environmental law. Starting with the first chapter's brief history of environmentalism in America, the second chapter goes on to explore the importance and implications of basic themes that occur in virtually all environmental conflicts, including scientific uncertainty, market failures, problems of scale, public choice theory, etc. It then presents three dominant perspectives in the field that drive policy development ? environmental rights, utilitarianism, and environmental justice. Chapter Three fills in the remaining legal background for understanding environmental protection, reviewing the theory of instrument choice, the basics of administrative law, core concepts in constitutional law (e.g., takings, the commerce clause), and the doctrines associated with how citizen groups shape environmental law (such as standing). The second part of the book examines the substance of environmental law, with separate sections on each of the major statutes. International issues such as ozone depletion, climate change, and transboundary waste disposal are also addressed. These chapters build on the themes and conceptual framework laid down in the first part of the text in order to integrate the discussion of individual statutes into a broad portrait of the law.
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 2023-02-15 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: An updated and passionate second edition of a foundational book. How did environmental law first emerge in the United States? Why has it evolved in the ways that it has? And what are the unique challenges inherent to environmental lawmaking in general and in the United States in particular? Since its first edition, The Making of Environmental Law has been foundational to our understanding of these questions. For the second edition, Richard J. Lazarus returns to his landmark book and takes stock of developments over the last two decades. Drawing on many years of experience on the frontlines of legal and policy battles, Lazarus provides a theoretical overview of the challenges that environmental protection poses for lawmaking, related to both the distinctive features of US lawmaking institutions and the spatial and temporal dimensions of ecological change. The book explains why environmental law emerged in the manner and form that it did in the 1970s and traces how it developed over sequent decades through key laws and controversies. New chapters, composing more than half of the second edition, examine a host of recent developments. These include how Congress dropped out of environmental lawmaking in the early twenty-first century; the shifting role of the judiciary; long-overdue efforts to provide environmental justice to disadvantaged communities; and the destabilization of environmental law that has resulted from the election of Presidents with dramatically clashing environmental policies. As the nation’s partisan divide has grown deeper and the challenge of climate change has dramatically raised the perceived stakes for opposing interests, environmental law is facing its greatest challenges yet. This book is essential reading for understanding where we have been and what challenges and opportunities lie ahead.
Book Synopsis The Psychology of Environmental Law by : Arden Rowell
Download or read book The Psychology of Environmental Law written by Arden Rowell and published by NYU Press. This book was released on 2021-02-16 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers psychological insights into how people perceive, respond to, value, and make decisions about the environment Environmental law may seem a strange space to seek insights from psychology. Psychology, after all, seeks to illuminate the interior of the human mind, while environmental law is fundamentally concerned with the exterior surroundings—the environment—in which people live. Yet psychology is a crucial, undervalued factor in how laws shape people’s interactions with the environment. Psychology can offer environmental law a rich, empirically informed account of why, when, and how people act in ways that affect the environment—which can then be used to more effectively pursue specific policy goals. When environmental law fails to incorporate insights from psychology, it risks misunderstanding and mispredicting human behaviors that may injure or otherwise affect the environment, and misprescribing legal tools to shape or mitigate those behaviors. The Psychology of Environmental Law provides key insights regarding how psychology can inform, explain, and improve how environmental law operates. It offers concrete analyses of the theoretical and practical payoffs in pollution control, ecosystem management, and climate change law and policy when psychological insights are taken into account.
