Environmental Law and Contrasting Ideas of Nature

Environmental Law and Contrasting Ideas of Nature

Author: Keith H. Hirokawa

Publisher: Cambridge University Press

Published: 2014-07-17

Total Pages: 363

ISBN-13: 1107033470

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This book examines how nature is constructed through law, building on the constructivist concept that 'nature' is a self-perpetuating, self-reinforcing social creation.


Rethinking Environmental Law

Rethinking Environmental Law

Author: Laitos, Jan G.

Publisher: Edward Elgar Publishing

Published: 2021-08-27

Total Pages: 264

ISBN-13: 1788976037

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Challenging historic assumptions about human relationships with nature, Jan G. Laitos examines how environmental laws have addressed environmental problems in the past, and the reasons for the laws' inability to successfully prevent environmental contamination and alterations of critical environmental systems. This forward-thinking book offers a creative and organic alternative to traditional but ultimately unsuccessful environmental rules. It explains the need for a new generation of environmental laws grounded in the universal laws of nature which might succeed where past and current approaches have largely failed.


Research Methods in Environmental Law

Research Methods in Environmental Law

Author: Andreas Philippopoulos-Mihalopoulos

Publisher: Edward Elgar Publishing

Published: 2017-11-24

Total Pages: 601

ISBN-13: 1784712574

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This timely Handbook brings innovative, free-thinking and radical approaches to research methods in environmental law. With a comprehensive approach it brings together key concepts such as sustainability, climate change, activism, education and Actor-Network Theory. It considers how the Anthropocene subjects environmental law to critique, and to the needs of the variety of bodies, human and non-human, that require its protection. This much-needed book provides a theoretically informed analysis of methodological approaches in the discipline, such as constitutional analysis, rights-based approaches, spatial/geographical analysis, immersive methodologies and autoethnography, which will aid in the practical critique and re-imagining of Environmental Law.


Legal Design for Social-Ecological Resilience

Legal Design for Social-Ecological Resilience

Author: Brita Bohman

Publisher: Cambridge University Press

Published: 2021-03-18

Total Pages: 253

ISBN-13: 1108840175

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An exploration of the legal features compatibility with the theories of social-ecological resilience and their applicability for effective governance frameworks.


When Environmental Protection and Human Rights Collide

When Environmental Protection and Human Rights Collide

Author: Marie-Catherine Petersmann

Publisher: Cambridge University Press

Published: 2022-10-31

Total Pages: 317

ISBN-13: 131651580X

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The book illuminates the nature, extent, and political implications of normative conflicts between environmental protection laws and human rights.


Environmental Human Rights

Environmental Human Rights

Author: Mario G. Aguilera

Publisher: BRILL

Published: 2023-06-12

Total Pages: 447

ISBN-13: 9004543775

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Advancing sustainable development and democracy are the underlying purposes linking the landmark EscazĂș Agreement with the American Convention on Human Rights. Exploring both these treaties and the relevant regional jurisprudence, this monograph provides the first analysis of the ground-breaking environmental human rights law being developed in Latin America and the Caribbean. The key feature of the regional law is the priority it gives to equality and non-discrimination for vulnerable persons and groups, environmental defenders, local communities and indigenous peoples. This book brings practitioners and academics up to date with the legal tools for protecting people and planet.


The Oxford Handbook of Law, Regulation and Technology

The Oxford Handbook of Law, Regulation and Technology

Author: Roger Brownsword

Publisher: Oxford University Press

Published: 2017

Total Pages: 1361

ISBN-13: 0199680833

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The variety, pace, and power of technological innovations that have emerged in the 21st Century have been breathtaking. These technological developments, which include advances in networked information and communications, biotechnology, neurotechnology, nanotechnology, robotics, and environmental engineering technology, have raised a number of vital and complex questions. Although these technologies have the potential to generate positive transformation and help address 'grand societal challenges', the novelty associated with technological innovation has also been accompanied by anxieties about their risks and destabilizing effects. Is there a potential harm to human health or the environment? What are the ethical implications? Do this innovations erode of antagonize values such as human dignity, privacy, democracy, or other norms underpinning existing bodies of law and regulation? These technological developments have therefore spawned a nascent but growing body of 'law and technology' scholarship, broadly concerned with exploring the legal, social and ethical dimensions of technological innovation. This handbook collates the many and varied strands of this scholarship, focusing broadly across a range of new and emerging technology and a vast array of social and policy sectors, through which leading scholars in the field interrogate the interfaces between law, emerging technology, and regulation. Structured in five parts, the handbook (I) establishes the collection of essays within existing scholarship concerned with law and technology as well as regulatory governance; (II) explores the relationship between technology development by focusing on core concepts and values which technological developments implicate; (III) studies the challenges for law in responding to the emergence of new technologies, examining how legal norms, doctrine and institutions have been shaped, challenged and destabilized by technology, and even how technologies have been shaped by legal regimes; (IV) provides a critical exploration of the implications of technological innovation, examining the ways in which technological innovation has generated challenges for regulators in the governance of technological development, and the implications of employing new technologies as an instrument of regulatory governance; (V) explores various interfaces between law, regulatory governance, and new technologies across a range of key social domains.


Why Environmental Policies Fail

Why Environmental Policies Fail

Author: Jan Laitos

Publisher: Cambridge University Press

Published: 2017-07-25

Total Pages: 231

ISBN-13: 1108165834

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This book is for those who are not just interested in the ways humans have harmfully altered their environment, but instead wish to learn why the many governmental policies in place to curb such behavior have been unsuccessful. Since humans began to exploit natural resources for their own economic ends, we have ignored a central principle: nature and humans are not separate, but are a unified, interconnected system in which neither is superior to the other. Policy must reflect this reality. We failed to follow this principle in exploiting natural capital without expecting to pay any price, and in hurriedly adopting environmental laws and policies that reflected how we wanted nature to work instead of how it does work. This study relies on more accurate models for how nature works and humans behave. These models suggest that environmental laws should be consistent with the laws of nature.


The Oxford Handbook of Comparative Environmental Law

The Oxford Handbook of Comparative Environmental Law

Author: Emma Lees

Publisher: Oxford University Press

Published: 2019-04-25

Total Pages: 1316

ISBN-13: 0192508377

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This Handbook is the first comprehensive account of comparative environmental law. It examines in detail the methodological foundations of the discipline as well as the substance of environmental law across countries from four vantage points: country studies from all continents, responses to common problems (including air pollution, water management, nature conservation, genetically modified organisms, climate change and energy, chemicals, waste), foundational components of environmental law systems (including principles, property rights, administrative and judicial organisation, command-and-control regulation, market mechanisms, informational techniques and liability mechanisms), and common interactions of environmental protection with the broader public, private, and criminal law contexts. The volume brings together the foremost authorities in this field from around the world to provide a concise, self-contained, and technically rigorous account of environmental law as a single overall system.