The Foundations of the Aarhus Convention

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509915265
Total Pages : 200 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Foundations of the Aarhus Convention by : Emily Barritt

Download or read book The Foundations of the Aarhus Convention written by Emily Barritt and published by Bloomsbury Publishing. This book was released on 2020-10-29 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important new monograph offers an innovative new analysis of the Aarhus Convention. Environmental law is dense with monolithic concepts, from environmental democracy to intergenerational justice, from sustainable development to stewardship. Each concept generates its own mythology about what environmental law should aspire to. Sometimes these ideas become so big that we lose hold of their meaning and therefore what we allude to when we describe environmental law in such terms. No more so is this true than in relation to the Aarhus Convention – an ambitious instrument of environmental law that promotes public participation and access to justice in relation to the environment. Since its inception it has been revered in glowing terms, and praised variously for its contribution to citizenship, environmental responsibility and democratic legitimacy. But how are we to know whether these descriptions are mere puffs or genuine statements about the Convention's character? This book digs deep into the foundations of the Aarhus Convention, examining its ambitious potential through the lens of three foundational purposes – environmental rights, democracy and stewardship. In so doing, it contributes to our understanding both of the Convention and our understanding of three important purposes that inhabit environmental law, unravelling and reassembling them to build meaning into our broad-brush descriptions.

The Aarhus Convention

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Author :
Publisher : Springer Nature
ISBN 13 : 3031435362
Total Pages : 209 pages
Book Rating : 4.0/5 (314 download)

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Book Synopsis The Aarhus Convention by : Duncan Weaver

Download or read book The Aarhus Convention written by Duncan Weaver and published by Springer Nature. This book was released on 2023-10-30 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Aarhus Convention on access to information, public participation in decision-making and access to justice in environmental matters has been celebrated as a pioneering international environmental agreement. Given that a quarter-century has passed since Aarhus was opened for signature, now is an opportune moment to revisit it from a fresh perspective. Marking this anniversary, this book explores Aarhus from the vista of the English School of International Relations, an ethically-minded perspective used to gauge the prevalence of state-oriented and human-oriented progress from the Convention's rationales and realities. It firstly considers Aarhus' propagation, investigating the legal, diplomatic and geopolitical contexts enabling its emergence. It secondly investigates Aarhus' germination, with reference to its trinity of procedural rights. Thirdly, the book examines the Convention's growth, in terms of the development of its organisational infrastructure. The chief finding is that Aarhus demonstrates, in environmental contexts, the feasibility and benefit of fostering 'humankind' solidarist progress, rooted in moral cosmopolitanism, within the existing power arrangements of a sovereignty-based pluralism. Pluralist concerns for diversity and international order are found to be a precondition for more ethically ambitious solidarist endeavours. These observations reinforce the logic of solidarisation, an English School innovation that presents sovereignty as (a) being ethically matured by solidarism whilst (b) delimiting solidarism within the threshold of states' tolerance.

The Aarhus Convention

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Publisher :
ISBN 13 :
Total Pages : 284 pages
Book Rating : 4.M/5 ( download)

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Book Synopsis The Aarhus Convention by :

Download or read book The Aarhus Convention written by and published by . This book was released on 2014 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Aarhus Convention, which is open for global accession, offers powerful twin protections for the environment and human rights. It provides an effective model for ensuring public input in defining and implementing green economy programmes, in choosing the most appropriate road maps to sustainability and for increasing transparency and Government accountability, thereby putting Principle 10 of the Rio Declaration on Environment and Development into practice and paving the way for its universal application. The Aarhus Convention Implementation Guide is therefore intended as a convenient non-legally binding and user-friendly reference tool to assist policymakers, legislators and public authorities in their daily work of implementing the Convention and of realising the provisions of Principle 10 in practice. It is also hoped that it will assist members of the public and environmental non-governmental organizations to exercise their rights under the Convention. The Implementation Guide provides both a general overview of the principles behind the Convention and a detailed article-by-article analysis of its provisions. In its analysis, the Guide draws on other international law instruments in the area of the environment and human rights, decisions adopted by the Meeting of the Parties to the Aarhus Convention, findings of the Aarhus Convention Compliance Committee, academic writings and examples from national legislation and practice.

Legal Foundations for Public Consultation in Government Decision-making

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Author :
Publisher :
ISBN 13 :
Total Pages : 362 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Legal Foundations for Public Consultation in Government Decision-making by : Kenneth J. Haller

Download or read book Legal Foundations for Public Consultation in Government Decision-making written by Kenneth J. Haller and published by . This book was released on 2003 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Environmental Law

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Publisher : Cambridge University Press
ISBN 13 : 1108423604
Total Pages : 597 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis International Environmental Law by : Pierre-Marie Dupuy

Download or read book International Environmental Law written by Pierre-Marie Dupuy and published by Cambridge University Press. This book was released on 2018-06-07 with total page 597 pages. Available in PDF, EPUB and Kindle. Book excerpt: A concise, clear, and legally rigorous introduction to international environmental law and practice covering the very latest developments.

The Aarhus Convention at Ten

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Author :
Publisher : Apollo Books
ISBN 13 : 9789089520487
Total Pages : 472 pages
Book Rating : 4.5/5 (24 download)

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Book Synopsis The Aarhus Convention at Ten by : Marc Pallemaerts

Download or read book The Aarhus Convention at Ten written by Marc Pallemaerts and published by Apollo Books. This book was released on 2011 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: On 30 October 2011, it will be exactly ten years ago that the Convention on Access to information, Public Participation in Decision-making and Access to Justice in Environmental Matters, signed by representative of 35 States and the European Community at a pan-European ministerial conference in the Danish city of Aarhus in 1998, entered into force. This multilateral treaty, negotiated under the auspices of the UN Economic Commission for Europe, represents the most comprehensive and ambitious effort to establish international legal standards in the field of citizens' environmental rights to date. Though some of these standards were inspired by earlier EU environmental legislation, many provisions of the Aarhus Convention went beyond the rights already guaranteed by the EU and compelled the European Commission to propose new legislature acts, most of which were adopted between 2003 and 2006, to bring EU environmental law up to the Convention's standards. Since its adoption over a --

International Judicial Practice on the Environment

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Publisher : Cambridge University Press
ISBN 13 : 1108497179
Total Pages : 505 pages
Book Rating : 4.1/5 (84 download)

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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.

The Aarhus Convention

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782254161
Total Pages : 224 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis The Aarhus Convention by : Charles Banner

Download or read book The Aarhus Convention written by Charles Banner and published by Bloomsbury Publishing. This book was released on 2015-05-28 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The UNECE Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters – known ubiquitously as the Aarhus Convention – is having an ever-increasing influence on domestic and EU environmental law and procedure. Recent years have seen a steady flow of case law from the UK courts, the Court of Justice of the European Union (CJEU) and the Aarhus Convention Compliance Committee, a raft of civil procedure reforms in response to concerns about whether the costs rules in domestic environmental litigation are compatible with the Convention and an infraction by the European Commission against the UK alleging various systemic breaches. Even the EU itself has been the subject of a ruling by the Compliance Committee that the CJEU's rules on standing for judicial review of EU legislation are too narrow to comply with the Convention. This book, written by several of the leading experts in the field, provides a comprehensive guide to the implementation of the Convention in each of the UK's jurisdictions, the three pillars of the Convention (access to information, public participation and access to justice) and the mechanisms by which the rights under the Convention can be enforced.

The Right of Access to Environmental Information

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108960405
Total Pages : 253 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis The Right of Access to Environmental Information by : Sean Whittaker

Download or read book The Right of Access to Environmental Information written by Sean Whittaker and published by Cambridge University Press. This book was released on 2021-11-18 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book discusses the normative impact of the Aarhus Convention on how England, America and China guarantees the right of access to environmental information. Through this analysis the book identifies each of these jurisdictions' unique conceptualisations of the right which, in turn, influences the design of their respective environmental information regimes. This allows these jurisdictions potentially to act as sources of legal reforms for each other to improve how the right is guaranteed via legal transplant theory, challenging the normativity of the Aarhus Convention. This is not to suggest that the Aarhus Convention exerts no normative influence on how the right is guaranteed; there are core substantive and core procedural elements which have to be met for the right to be effectively guaranteed, and the book shows that the Aarhus Convention does exert a normative influence over the procedural elements of the right.

An Unfinished Foundation

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Publisher : Oxford University Press
ISBN 13 : 0190232889
Total Pages : 256 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis An Unfinished Foundation by : Ken Conca

Download or read book An Unfinished Foundation written by Ken Conca and published by Oxford University Press. This book was released on 2015-07-13 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why is the United Nations not more effective on global environmental challenges? The UN Charter mandates the global organization to seek four noble aspirations: international peace and security, rule of law among nations, human rights for all people, and social progress through development. On environmental issues, however, the UN has understood its charge much more narrowly: it works for "better law between nations" and "better development within them." This approach treats peace and human rights as unrelated to the world's environmental problems, despite a large body of evidence to the contrary. In this path-breaking book, a leading scholar of global environmental governance critiques the UN's failure to use its mandates on human rights and peace as tools in its environmental work. The book traces the institutionalization and performance of the UN's "law and development" framework and the parallel silence on rights and peace. Despite some important gains, the traditional approach is failing for some of world's most pressing and contentious environmental challenges, and has lost most of the political momentum it once enjoyed. The disastrous "Rio+20" Summit laid this fact bare, as assembled governments failed to find meaningful agreement on any of the most pressing issues. By not treating the environment as a human rights issue, the UN fails to mobilize powerful tools for accountability in the face of pollution and resource degradation. And by ignoring the conflict potential around natural resources and environmental protection efforts, the UN misses opportunities to transform the destructive cycle of violence and vulnerability around resource extraction. The book traces the history of the UN's traditional approach, maps its increasingly apparent limits, and suggests needed reforms. Detailed case histories for each of the four mandate domains flag several promising initiatives, while identifying barriers to transformation. Its core implication: the UN's environmental efforts require not just a managerial reorganization but a conceptual revolution-one that brings to bear the full force of the organization's mandate. Peacebuilding, conflict sensitivity, rights-based frameworks, and accountability mechanisms can be used to enhance the UN's environmental effectiveness and legitimacy.

Transformative Environmental Constitutionalism

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Author :
Publisher : BRILL
ISBN 13 : 9004509402
Total Pages : 270 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Transformative Environmental Constitutionalism by : Melanie Murcott

Download or read book Transformative Environmental Constitutionalism written by Melanie Murcott and published by BRILL. This book was released on 2022-10-24 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Transformative Environmental Constitutionalism, Professor Melanie Jean Murcott writes from a Global South perspective, drawing on South African context to provide a transformative theoretical framework for adjudication of environmental law disputes which could be more responsive to social, environmental, and climate injustices.

Foundations of Environmental Sustainability

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Publisher : Oxford University Press
ISBN 13 : 9780198042266
Total Pages : 480 pages
Book Rating : 4.0/5 (422 download)

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Book Synopsis Foundations of Environmental Sustainability by : Larry Rockwood

Download or read book Foundations of Environmental Sustainability written by Larry Rockwood and published by Oxford University Press. This book was released on 2008-06-04 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews and analyzes the period (roughly from the 1950s to the present) when the "environment" became an issue as important as economic growth, or war and peace; to assess the current situation, and begin planning for the challenges that lie ahead. Most people are aware of both the environmental destruction taking place around the world and of the specter of climate change. The devastation of New Orleans by hurricane Katrina illustrates the potential for disaster when climate change is combined with the mismanaged environmental policy. How did we get to this point? What has been done and what can be done to avoid future environmental disasters? Thirty-two contributing chapter authors (among them, one of the principal drafters of the National Environmental Policy Act, Chief of the African Environment Division and the World Bank, Vice President of the Center for Conservation Innovation at the World Wildlife Fund, President of the Zoological Society of London, former President of the Ecological Society of America) use their unique, authoritative perspective to review the evolution of environmental science and policy in the past half century. Each author describes the evolution of environmental science and policy in the past half century and consider the challenges of the future. Although the authors of this book come from various fields, they have followed paths that have generally converged on the concept of sustainability. This book attempts to define what sustainability is, how we can achieve it, and what the prospects for sustainability in the future are.

The Evolution of EU Law

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Publisher : Oxford University Press
ISBN 13 : 0192846558
Total Pages : 1073 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis The Evolution of EU Law by : Paul Craig

Download or read book The Evolution of EU Law written by Paul Craig and published by Oxford University Press. This book was released on 2021 with total page 1073 pages. Available in PDF, EPUB and Kindle. Book excerpt: This last decade has been particularly turbulent for the EU. Beset by crises - the financial crisis, the rule of law crisis, the migration crisis, Brexit, and the pandemic - European Law has had to adapt and change in a way not previously seen. First published in 1999, the goal then was to reflect on the important developments that had been made since the creation of the EEC. That goal has not changed. From EU Administrative Law through to the Regulation of Network Industries, each chapter in this seminal work assess the legal and political forces that have shaped the evolution of EU law. With new chapters covering the Rule of Law, Judicial Reform, Brexit, Constitutional and Legal Theory, Refugee and Asylum law, and Data Governance, this third edition of The Evolution of EU Law is a must read for any student or academic of EU law.

Procedural Environmental Rights

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Publisher :
ISBN 13 : 9781780686103
Total Pages : 0 pages
Book Rating : 4.6/5 (861 download)

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Book Synopsis Procedural Environmental Rights by : Jerzy Jendrośka

Download or read book Procedural Environmental Rights written by Jerzy Jendrośka and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Procedural Environmental Rights: Principle X in Theory and Practice' provides an overview of various aspects of the current status, development and practice of rights of access to information, public participation in decision-making and access to justice in environmental matters following their codification as non-binding principles in Principle X of the Rio Declaration.

Law, Ecology, and the Management of Complex Systems

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Publisher : Taylor & Francis
ISBN 13 : 1000636380
Total Pages : 145 pages
Book Rating : 4.0/5 (6 download)

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Book Synopsis Law, Ecology, and the Management of Complex Systems by : Tiina Paloniitty

Download or read book Law, Ecology, and the Management of Complex Systems written by Tiina Paloniitty and published by Taylor & Francis. This book was released on 2022-08-19 with total page 145 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the role of law in the adaptive management of socio-ecological systems. Recent years have witnessed a rise in discussion over the relation between adaptivity and law, as if after decades of insouciance, legal scholars have finally started to understand the impacts of the scientific paradigm called ‘adaptive management’ on the legal sphere. Even though the complicated relations between law and the adaptive management of socio-ecological systems have become more debated, a thorough examination of the scientific and theoretical fundamentals of such endeavours has yet to be presented. Using the illustrative example of European Union water governance and its path toward embracing adaptive management, this book emphasises the legal significance of properly understanding the manner in which scientific knowledge of the environment is produced. Though always pivotal, rigorously apprehending science is especially crucial when dealing with the management of complex ecosystems as the ‘normative’ is created gradually before law begins to examine the ‘facts’ of the matter. After examining the roots of adaptive management, this book argues that the legal needs to understand itself as an integral part of the process of the socio-ecological management of complex systems and not merely an external umpire resolving disputes. As a whole, the book offers new insights into the EU regulator’s approaches to scientific realities, making it an interesting read not only to academics and legal scholars but also to regulators striving to deepen their understanding or pondering which approach to adopt in the face of new regulatory challenges, and to scientists interested in the science and law aspects of their work.

The Oxford Handbook of International Environmental Law

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Publisher : Oxford University Press
ISBN 13 : 0192589032
Total Pages : 1104 pages
Book Rating : 4.1/5 (925 download)

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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.

Pandemocracy in Latin America

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509965289
Total Pages : 275 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Pandemocracy in Latin America by : Pablo Riberi

Download or read book Pandemocracy in Latin America written by Pablo Riberi and published by Bloomsbury Publishing. This book was released on 2024-02-08 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses two questions: firstly, how has the fight against COVID-19, especially the individual and collective responses of Latin American nation-states, influenced the relationship between power, people, and statebodies? And secondly, has democracy taken a step back and allowed pandemocracy to replace its long-term legitimising function? Adopting a Global South perspective, the book explores the constitutional, political and institutional measures that paved the way for several aggressive state policies in various Latin American countries during the COVID-19 pandemic. The contributions provide a detailed review of democratic decay and the 'rule of law' impairment in many countries of the region. The book goes beyond mere observation and explores all the main theoretical elements that can lead to a more comprehensive understanding of the political and normative impact of the pandemic. In terms of constitutional design and concerning the actual behaviour of political bodies, the fairness and efficacy of Latin American state responses during the COVID-19 pandemic did not rely on civic culture, executive goodwill, or boldness on the part of the judges. The aim of this volume, therefore, is to unravel the most subtle elements of a very puzzling situation. Multidisciplinary perspectives are deployed to explore how democratic standards and goals have been reshaped by nuanced constructions of certain atavistic normative ideas or even by non-constitutional policies. The book sheds light on the underlying connection between politics and law.