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Environmental Law And Ecological Responsibility
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Book Synopsis Environmental Law and Ecological Responsibility by : Gunther Teubner
Download or read book Environmental Law and Ecological Responsibility written by Gunther Teubner and published by . This book was released on 1994-11-22 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: An interdisciplinary discussion that deals with concepts of ecological self-organization which have been developed during the past 10 years. Presents the argument that it is internal self-organizing procedures which may render enterprises sensitive to ecological demands. Three aspects of the problem are confronted: how does legal liability influence self-regulation within the company; are there other complementary legal tactics that correspond better; under what condition can regulation of self-organizations make enterprise more responsive.
Book Synopsis Environmental Protection and the Social Responsibility of Firms by : Bruce L. Hay
Download or read book Environmental Protection and the Social Responsibility of Firms written by Bruce L. Hay and published by Routledge. This book was released on 2010-09-30 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Everyone agrees that firms should obey the law. But beyond what the law requires-beyond bare compliance with regulations-do firms have additional social responsibilities to commit resources voluntarily to environmental protection? How should we think about firms sacrificing profits in the social interest? Are they permitted to do so, given their fiduciary responsibilities to their shareholders? Even if permissible, is the practice sustainable, or will the competitive marketplace render such efforts and their impacts transient at best? Furthermore, is the practice, however well intended, an efficient use of social and economic resources? And, as an empirical matter, to what extent do firms already behave this way? Until now, public discussion has generated more heat than light on both the normative and positive questions surrounding corporate social responsibility (CSR) in the environmental realm. In Environmental Protection and the Social Responsibility of Firms, some of the nation‘s leading scholars in law, economics, and business examine commonly accepted assumptions at the heart of current debates on corporate social responsibility and provide a foundation for future research and policymaking.
Book Synopsis From Environmental to Ecological Law by : Kirsten Anker
Download or read book From Environmental to Ecological Law written by Kirsten Anker and published by Routledge. This book was released on 2020-12-30 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book increases the visibility, clarity and understanding of ecological law. Ecological law is emerging as a field of law founded on systems thinking and the need to integrate ecological limits, such as planetary boundaries, into law. Presenting new thinking in the field, this book focuses on problem areas of contemporary law including environmental law, property law, trusts, legal theory and First Nations law and explains how ecological law provides solutions. Written by ecological law experts, it does this by 1) providing an overview of shortcomings of environmental law and other areas of contemporary law, 2) presenting specific examples of these shortcomings, 3) explaining what ecological law is and how it provides solutions to the shortcomings of contemporary law, and 4) showing how society can overcome some key challenges in the transition to ecological law. Drawing on a diverse range of case study examples including Indigenous law, ecological restoration and mining, this volume will be of great interest to students, scholars and policymakers of environmental and ecological law and governance, political science, environmental ethics and ecological and degrowth economics.
Book Synopsis Nature's Trust by : Mary Christina Wood
Download or read book Nature's Trust written by Mary Christina Wood and published by Cambridge University Press. This book was released on 2014 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book exposes the dysfunction of environmental law and offers a transformative approach based on the public trust doctrine. An ancient and enduring principle, the public trust doctrine empowers citizens to protect their inalienable property rights to crucial resources. This book shows how a trust principle can apply from the local to global level to protect the planet.
Book Synopsis Environmental Law and Enforcement by : Gregor I. McGregor
Download or read book Environmental Law and Enforcement written by Gregor I. McGregor and published by CRC Press. This book was released on 2021-05-31 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Amid all the laws and regulations on environmental protection and worker safety, what is the responsible business or landowner to do? What should the responsible consultant advise? Environmental Law and Enforcement provides you with a practical guide that takes the mystery out of environmental law and related land use controls. The author provides a synopsis of major environmental topics from A to Z and features citations to the major federal statutes in the United States Code (USC) and the Code of Federal Regulations (CFR) so you can easily find governing statutes and regulations. Special sections discuss the use of experts in case preparation and how to be an effective case witness. A checklist for compliance with the National Environmental Policy Act is included. The book covers strategies to cope with landowner liability for hazardous waste, consultant liability for mistakes in hazardous waste site assessments, and guidelines for emergency managers to minimize legal liability. The section on insurance liability provides practical approaches to dealing with insurance companies on hazardous waste claims. The successful organization will manage for environmental protection as a corporate goal, and consequently stays ahead of new government requirements-away from lawyers and lawsuits-and ahead of the competition. Environmental Law and Enforcement gives you the tools you need to achieve this mission.
Book Synopsis The New Accountability by : Michael Mason
Download or read book The New Accountability written by Michael Mason and published by Earthscan. This book was released on 2005 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 2004. Routledge is an imprint of Taylor & Francis, an informa company.
Book Synopsis Liability and Environment by : Lucas Bergkamp
Download or read book Liability and Environment written by Lucas Bergkamp and published by BRILL. This book was released on 2021-12-06 with total page 734 pages. Available in PDF, EPUB and Kindle. Book excerpt: Liability and Environment analyzes the role of law, in particular civil liability, in controlling environmental pollution and risk. In modern environmental policy, liability has become a popular instrument. In this book, Prof. Bergkamp takes a fresh look at civil liability for environmental harm in an inter- and transnational context. Over the last decade, industry's liability exposure for environmental harm has expanded significantly. At the international, EC, and national level proposals for onerous strict environmental liability regimes are pending. The `polluter pays principle', which is an articulation of the `cost internalization' theory in the environmental area, is believed to justify such liability regimes. Applying an instrumental approach to legal instruments, Prof. Bergkamp aims to redefine the role of liability in the heavily regulated environmental area. He shows that liability for environmental harm is not justified by the polluter pays principle, is an uncertain and unreliable instrument for achieving prevention, results in an inefficient insurance scheme, and plays a dubious role in adjusting activity levels. Based on an analysis of the basic characteristics of alternative legal instruments, Prof. Bergkamp concludes that civil liability should play a more modest, limited role in an environmental law system dominated by public law. Where deterrence is not the objective, first party insurance, compensation funds, or other public law regimes should be preferred over liability rules. In addition to civil liability of private parties, Liability and Environment discusses State liability under international, EC, and national law. Under international law, breach of a primary obligation triggers a State's liability. Prof. Bergkamp argues that this rule should be applied also to liability of private parties. In the environmental area, a business' primary obligations are spelled out in detailed permit conditions, regulations, and statutes. According to Prof. Bergkamp, only if a primary obligation is breached, a private person should be liable for environmental harm. The system that Bergkamp advocates is an objective fault liability regime, in which public environmental law defines the standard of care for both government and industry. "In rebuilding our civil liability system, we should keep in mind that what is good for industry should be good for everyone (or it is not good for anyone), we should keep in mind that what is good for private parties should be good for the state (or it is not good for either). In rebuilding our civil liability system, the international law of State responsibility, which is unpolluted by risk spreading and activity level considerations, will guide us a long way." This book is aimed at advanced law students, academic scholars, and practitioners. In addition, it will be of interest to policy and legislative analysts, legislators, and government officials. Professor Bergkamp's book cannot be described as "solving" the problems of legal and regulatory control of environmental harm, whether within a nation or internationally. As suggested before, however, the very idea of a "solution" is illusory. All legal and regulatory regimes around the world are today and will remain for the future in a state of perpetually continuing development. The virtue of this fine book is that it moves the process of that development forward by a very substantial measure. from the Foreword by George L. Priest.
Book Synopsis Taking Responsibility by : Stephen Tromans
Download or read book Taking Responsibility written by Stephen Tromans and published by Routledge. This book was released on 2014-04-08 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: A report written by two environmental lawyers which explains the responsibilities of company directors under UK and European environmental law, and their potential personal liabilities. It sets out what steps to take to avert liabilities and what to do in the event of environmental problems, including chapters on whistle-blowing by employees and liabilities for overseas activities.
Book Synopsis An Ecological Approach to International Law by : Prue Taylor
Download or read book An Ecological Approach to International Law written by Prue Taylor and published by Routledge. This book was released on 2008-01-28 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: An Ecological Approach to International Law shows that international environmental law is fundamentally flawed and not equipped to meet global challenges. The book examines international legal responses to global climate change by analysing key concepts such as the doctrine of state sovereignty, the law on state responsibility, environmental rights and common heritage of mankind.
Book Synopsis Environmental Laws and Their Enforcement - Volume I by : A. Dan Tarlock
Download or read book Environmental Laws and Their Enforcement - Volume I written by A. Dan Tarlock and published by EOLSS Publications. This book was released on 2009-11-25 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental Laws and Their Enforcement is a component of Encyclopedia of Social Sciences and Humanities in the global Encyclopedia of Life Support Systems (EOLSS), which is an integrated compendium of twenty one Encyclopedias. The volume on Environmental Laws and Their Enforcement deals, in two volumes , with a myriad of issues of great relevance to our world such as: Sustainable Development and National Governance; History of Environmental Law; International Environmental Law; Constitutional Law; International Binding Mechanisms; Laws Governing Freshwater and Ground Water Pollution; Forestry; Biodiversity Conservation and Endangered Species Protection; International Guidelines and Principles; Compliance Models for Enforcement of Environmental Laws And Regulations; International Environmental Law; Life Support Systems: Law and Policy; The Principle of Sustainable Development in International Development Law; Environmental Pollution Regulations; Social Concerns for Environmental Exposures to Toxic Substances; Regulation of Air and Pollutants. These volumes are aimed at the following five major target audiences: University and College Students, Educators, Professional Practitioners, Research Personnel and Policy Analysts, Managers, and Decision Makers and NGOs.
Book Synopsis The Common Good and Ecological Integrity by : Laura Westra
Download or read book The Common Good and Ecological Integrity written by Laura Westra and published by Routledge. This book was released on 2016-05-20 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proponents of the concept of ecological integrity argue that it is a necessary component of global governance on which the sustainable future of the planet and its inhabitants depends. This book presents the latest research and current thinking on the role of ecological integrity in support of life on Earth and the importance of governance for the common good, or the benefit of all. The book considers whether present forms of governance support the common good, or whether they are endangering its very foundations. It explores the connection between consumerism and capitalism, the destruction of natural resources and with it, the elimination of many of the ecosystem services that support life in general, and human life in particular. Chapters focus on the defence of human rights, and in particular the rights to key resources such as food, water and general health/wellbeing, as well as energy and security. Topics covered include climate change, biodiversity, migration and conflict resolution, with approaches from various perspectives such as politics, ethics, sociology and law. Overall the book provides a stimulating insight into the multifaceted debates surrounding ecological integrity, global governance and sustainability.
Book Synopsis An Ecological Approach to Environmental Law by : Jennifer Caldwell
Download or read book An Ecological Approach to Environmental Law written by Jennifer Caldwell and published by . This book was released on 1988 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Ecological Integrity, Law and Governance by : Laura Westra
Download or read book Ecological Integrity, Law and Governance written by Laura Westra and published by Routledge. This book was released on 2018-04-27 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ecological integrity is concerned with protecting the planet in a holistic way, while respecting ethics and human rights. Over recent years it has been introduced directly and indirectly in several legal regimes, culminating in international law with the 2016 expanded remit of the International Criminal Court, which now includes "environmental disasters". This book celebrates the 25th anniversary of the Global Ecological Integrity Group (GEIG), which includes more than 250 scholars and independent researchers worldwide, from diverse disciplines, including ecology, biology, philosophy, epidemiology, public health, ecological economics, and international law. It reviews the role of ecological integrity across a number of fields through inter- and trans-disciplinary engagement on matters affecting and governing the sustainability of life for both present and future generations. These include, ethics, environmental disasters, crimes against humanity and environmental health, and how such issues can be subject to sound governance and be incorporated into international law. The book also looks forward to new applications of the concept of ecological integrity, such as crimes that result in the exploitation of natural resources and the illegal dispossession of land.
Book Synopsis The Common But Differentiated Responsibility Principle in Multilateral Environmental Agreements by : Tuula Honkonen
Download or read book The Common But Differentiated Responsibility Principle in Multilateral Environmental Agreements written by Tuula Honkonen and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: Built in to every multilateral environmental agreement is a dilemma: how to incorporate justice and fairness on the one hand and effectiveness on the other. Our immense difficulty in meeting this two-edged imperative highlights the fact that we are, at best, at an early stage in the development of international environmental ethics, and that no coherent and effective ethical system yet exists in this context. This remarkable book starts from a conviction that the principle of common but differentiated responsibility (CBDR) offers the best way forward toward the much-desired goal of sustainable development. Presenting a full-scale, multidisciplinary assessment of the feasibility of the principle of CBDR in multilateral environmental agreements, encompassing legal and policy status perspectives as well as historical developments and future prospects, this study identifies issues and aspects in the theoretical and practical application of the CBDR principle. The author responds with in-depth knowledge and awareness to such specific questions as the following: What does the principle of common but differentiated responsibility entail in international environmental law, with special reference to international environmental treaties? How is the principle reflected in the burden-sharing design of current agreements? What problems and challenges does the practical application of the CBDR principle present to the international community and individual countries as well as to the international environmental regimes themselves? What factors should be taken into account when assessing the success or failure of the principle? What is the status of the principle in international environmental law (currently and possibly in the future), and what are its implications in the broader international context? The author examines methods for differentiation from both theoretical and actual treaty-level viewpoints. She offers examples from the negotiation history of international environmental treaties to shed light on the importance of information-sharing and wide participation during the negotiations. Recognizing that, in the international environmental field, problems of economic development and the geopolitics of global wealth distribution soon come to the fore, and that each stateands right to development should not be too heavily restricted under international environmental regimes, she demonstrates that the CBDR principle has a strong potential to formally integrate the environment and development at the international level. The study will be of immeasurable value in promoting understanding of how CBDR actually works. It will help lawyers and policymakers perceive how different parties want to use the principle, and to discern clearly what options could be chosen by the parties, which aspects are crucial, and what factors influence the effectiveness of the arrangements.
Book Synopsis Spinoza, Ecology and International Law by : Moa De Lucia Dahlbeck
Download or read book Spinoza, Ecology and International Law written by Moa De Lucia Dahlbeck and published by Routledge. This book was released on 2018-09-12 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the use of Benedict Spinoza’s philosophy in current attempts to elaborate an ecological basis for international environmental law. Because the question of environmental protection has not been satisfactory resolved, the legal debate concerning our responsibility for the environment has – as evidenced in the recent UN report series Harmony with Nature – come to invite calls for a new eco-centric, rather than anthropocentric, legal paradigm. In this respect, Spinoza appears as a key figure. He is one of the few philosophers in the history of western philosophy who cares, and writes extensively, about the roots of anthropocentrism; the core issue of contemporary normative debates in ecology. And in response to the rapidly developing ecological crisis, his work has become central to a re-thinking of the human relationship with nature. Addressing the contention that Spinoza’s ethics might provide a useful source for developing a new, eco-centred framework for environmental law, this book elaborates a more nuanced understanding of Spinoza’s philosophy. Spinoza cannot, it is argued here, simply be reduced to an eco-ethicist. That is: his metaphysics cannot be used as basis of an essentially naturalised or extended human morality. At the same time, however, this book argues that the radicality of Spinoza’s naturalism nevertheless offers the possibility of developing a more adequate ecological basis for environmental law.
Book Synopsis Human Health and Ecological Integrity by : Laura Westra
Download or read book Human Health and Ecological Integrity written by Laura Westra and published by Routledge. This book was released on 2012-05-31 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: The connection between environment and health has been well studied and documented, particularly by the World Health Organization. It is now being included in some legal instruments, although for the most part caselaw does not explicitly make that connection. Neither the right to life nor the rights to health or to normal development are actually cited in the resolution of cases and in judges' decisions. This volume makes the connection explicit in a broad review of human rights and legal issues associated with public health and the environment. It will be particularly useful as many legal instruments emphasize the right to 'development' without fully discussing the necessary safety and public health aspects, and the respect for the ecology of any area where such 'development' (often unwanted by local or indigenous communities) is to be located. Climate change is another pressing variable that is considered, and several chapters address the interface between human health and ecological conditions. Overall the book integrates perspectives from a wide range of disciplines, including ethics, ecology, public health and epidemiology, and human rights and law.
Book Synopsis The Common but Differentiated Responsibility Principle in Multilateral Environmental Agreements by : Philippos C. Spyropoulos
Download or read book The Common but Differentiated Responsibility Principle in Multilateral Environmental Agreements written by Philippos C. Spyropoulos and published by Kluwer Law International B.V.. This book was released on 2009-08-24 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Common but Differentiated Responsibility Principle in Multilateral Environmental Agreements
