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International environmental law

See below for a selection of the latest books from International environmental law category. Presented with a red border are the International environmental law books that have been lovingly read and reviewed by the experts at Lovereading. With expert reading recommendations made by people with a passion for books and some unique features Lovereading will help you find great International environmental law books and those from many more genres to read that will keep you inspired and entertained. And it's all free!

International Natural Resources Law

International Natural Resources Law

Author: Alberto Quintavalla, Ricardo (University of Westminster) Pereira Format: Paperback / softback Release Date: 01/01/2021

International Natural Resources Law offers a comprehensive introduction to this rapidly expanding area of study and practice for students, researchers and practitioners. The book offers a clear overview, illustrating the development of European and international regulatory standards by reference to case law and implementation at a national level. Considering natural resources in relation to environmental law, energy law, investment and economic law, this text will provide students with the tools to analyse and contextualise the emerging regulatory framework. The book will offer coverage of major debates in the field, including topics on permanent sovereignty, international institutions, foreign investment, shared and offshore resources, dispute settlement, climate change, sustainable development and human rights.

The Use of Biodiversity in International Law

The Use of Biodiversity in International Law

Author: Andreas Kotsakis Format: Hardback Release Date: 01/01/2021

The protection of biodiversity through an international treaty underpinning a global regulatory regime has been accepted as the necessary legal and political structure for at least the last two decades. Based on a simple spatial and jurisdictional equation, the idea that a globally defined environmental problem of biodiversity loss has to be addressed by a similarly global mechanism appears self-evident. But this belief in the scope and scale of international environmental law, in its formalist process and eventual substantive effectiveness, is a political truth that possesses its own history. How have we come to think that we need a global biodiversity regime? And what are the effects of this need? This book employs a Foucaultian genealogical method to present an expanded, detailed and critical history of the discursive and practical use of biodiversity in international law. Drawing from environmental history, philosophy of science, political economy and development studies, this book articulates the series of on-going tactical battles over the scientific, social, economic and political truths that constitute biodiversity as an object of knowledge and regulation. The production of biodiversityas a factual ecological truth cannot, this book argues, be separated from the processes of its social, economic, political and legal problematization.

International Natural Resources Law

International Natural Resources Law

Author: Alberto Quintavalla, Ricardo (University of Westminster) Pereira Format: Hardback Release Date: 01/01/2021

International Natural Resources Law offers a comprehensive introduction to this rapidly expanding area of study and practice for students, researchers and practitioners. The book offers a clear overview, illustrating the development of European and international regulatory standards by reference to case law and implementation at a national level. Considering natural resources in relation to environmental law, energy law, investment and economic law, this text will provide students with the tools to analyse and contextualise the emerging regulatory framework. The book will offer coverage of major debates in the field, including topics on permanent sovereignty, international institutions, foreign investment, shared and offshore resources, dispute settlement, climate change, sustainable development and human rights.

Authority and Legitimacy of Environmental Post-Treaty Rules

Authority and Legitimacy of Environmental Post-Treaty Rules

Author: Tim Staal Format: Paperback / softback Release Date: 17/12/2020

In the international law of the 21st century, more and more regulation comes in the form of post-treaty rules. Developed in environmental law, this trend increasingly spreads to areas ranging from tobacco regulation to arms trade. This book offers the first systematic examination of these decisions, resolutions and recommendations adopted by treaty bodies, to assess their effectiveness. The study shows that the authority of such rules is in question as, in practice, treaty parties retain almost complete discretion when it comes to their implementation. This conclusion gives rise to two key questions. To what extent does this ambiguous authority affect adherence to procedural principles like legal certainty, non-arbitrariness and the duty to state reasons? And can the legitimacy of the process and content of post-treaty rules fill the gaps in their authority? In assessing these questions, the study shines a light on this crucial but neglected area in international law scholarship and forms a starting point for improvements and reform.

The Environmental Case for Brexit

The Environmental Case for Brexit

Author: Ben Pontin Format: Paperback / softback Release Date: 17/12/2020

The recent Brexit debates present leaving the European Union largely as a threat to environmental protection, and to environmental law. This exciting and important new work argues that Brexit represents a real opportunity for environmental protection in the United Kingdom, freeing it from a pan-European framework not necessarily fit for UK domestic purposes. Central to the argument is the belief that environmental protection, in the United Kingdom, can most effectively be pursued through established domestic institutions, looking inwards at 'local' challenges and outwards at more global ones, all the while drawing on considerable historical experience. The book is designed to address rather than dismiss those concerns raised by environmental lawyers after the outcome of the referendum. Provocative and compelling, it offers an alternative vision of the UK environmental law framework outside of the European Union.

Science and Judicial Reasoning

Science and Judicial Reasoning

Author: Katalin Sulyok Format: Hardback Release Date: 30/11/2020

Science, which inevitably underlies environmental disputes, poses significant challenges for the scientifically untrained judges who decide such cases. In addition to disrupting ordinary fact-finding and causal inquiry, science can impact the framing of disputes and the standard of review. Judges must therefore adopt various tools to adjust the level of science allowed to enter their deliberations, which may fundamentally impact the legitimacy of their reasoning. While neglecting or replacing scientific authority can erode the convincing nature of judicial reasoning, the same authority, when treated properly, may lend persuasive force to adjudicatory findings, and buttress the legitimacy of judgments. In this work, Katalin Sulyok surveys the environmental case law of seven major jurisdictions and analyzes framing techniques, evidentiary procedures, causal inquiries and standards of review, offering valuable insight into how judges justify their choices between rival scientific claims in a convincing and legitimate manner.

Beyond the Coal Rush

Beyond the Coal Rush

Climate change makes fossil fuels unburnable, yet global coal production has almost doubled over the last 20 years. This book explores how the world can stop mining coal - the most prolific source of greenhouse gas emissions. It documents efforts at halting coal production, focusing specifically on how campaigners are trying to stop coal mining in India, Germany, and Australia. Through in-depth comparative ethnography, it shows how local people are fighting to save their homes, livelihoods, and environments, creating new constituencies and alliances for the transition from fossil fuels. The book relates these struggles to conflicts between global climate policy and the national coal-industrial complex. With coal's meaning transformed from an important asset to a threat, and the coal industry declining, it charts reasons for continuing coal dependence, and how this can be overcome. It will provide a source of inspiration for energy transition for researchers in environment, sustainability, and politics, as well as policymakers.

The Foundations of the Aarhus Convention

The Foundations of the Aarhus Convention

Author: Emily (King's College London) Barritt Format: Hardback Release Date: 29/10/2020

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.

Environmental Law Principles

Environmental Law Principles

This book traces the evolution of environmental principles from their origins as vague political slogans reflecting fears about environmental hazards to their embodiment in enforceable laws. Environmental law has always responded to risks posed by industrial society but the new generation of risks have required a new set of environmental principles, emerging from a combination of public fears, science, ethics, and established legal practice. This book shows how three of the most important principles of modern environmental law grew out of this new age of ecological risk: the polluter pays principle, the preventive principle, and the precautionary principle. Since the first edition was published, the principles of polluter-pays, prevention, and precaution have been encapsulated in a swathe of legislation at domestic and international level. Courts have been invoking environmental law principles in a broad range of cases, on issues including GMOs, conservation, investment, waste, and climate change. As a result, more States are paying heed to these principles as catalysts for improving their environmental laws and regulations. This edition will integrate to a greater extent the relationship between environmental principles and human rights. The book analyses new developments including the EU Charter of Fundamental Rights, the case law of the European Court of Human Rights, which has continuously carved out environmental duties from a number of rights enshrined in the European Convention of Human Rights, and the implementation of the UNECE Convention on Access to Information.

State Responsibility, Climate Change and Human Rights under International Law

State Responsibility, Climate Change and Human Rights under International Law

Author: Margaretha Wewerinke-Singh Format: Paperback / softback Release Date: 15/10/2020

The last decade has witnessed an increasing focus on the relationship between climate change and human rights. Several international human rights bodies have expressed concern about the negative implications of climate change for the enjoyment of human rights, and the Paris Agreement is the first multilateral climate agreement to refer explicitly to states' human rights obligations in connection with climate change. Yet despite this, there are still significant gaps in our understanding of the role of international human rights law in enhancing accountability for climate action or inaction. As the Paris Agreement has shifted the focus of the climate change regime towards voluntary action, and the humanitarian impacts of climate change are increasingly being felt around the world, accountability for climate change has become an increasingly salient issue. This book offers a timely and comprehensive analysis of the legal issues related to accountability for the human rights impact of climate change, drawing on the state responsibility regime. It explains when and where state action relating to climate change may amount to a violation of human rights, and evaluates various avenues of legal redress available to victims. The overall analysis offers a perceptive insight into the potential of innovative rights-based climate actions to shape climate and energy policies around the world.

Spinoza, Ecology and International Law

Spinoza, Ecology and International Law

Author: Moa De Lucia Dahlbeck Format: Paperback / softback Release Date: 30/09/2020

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.