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The Elgar Encyclopedia of Environmental Law is a landmark reference work, providing definitive and comprehensive coverage of this dynamic field. Each volume probes the key elements of law, the essential concepts, and the latest research through concise, structured entries written by international experts. Each entry includes an extensive bibliography as a starting point for further reading. The mix of authoritative commentary and insightful discussion will make this an essential tool for research and teaching, as well as a valuable resource for professionals and policymakers. This volume of the Elgar Encyclopedia of Environmental Law presents a structured overview and selective analysis of multilateral environmental agreements (MEAs). These agreements encompass the regulating aspects of the protection, conservation, management, use and exploitation of living and natural resources in various areas including biodiversity, fisheries, marine environment, shared freshwater resources, atmosphere, climate change, human rights, and polar regions. The expert contributions offer critical analysis and a concise but informative approach that provides a comprehensive introduction to each agreement as well as to the broader landscape of MEAs. The book guides the reader through the multifarious conventional regulation of each area of environmental protection, both at the global and regional levels. It details the path from the first post-war sectorial attempts at introducing international pieces of conventional environmental regulation to the booming of environmental instruments of the 1990s and the recent fertile period of new MEAs and their exponential growth. Each entry includes an overview of the topic, a concise review of current knowledge, new directions for cutting-edge research and a detailed bibliography to facilitate further reading. This comprehensive, topical and accessible volume is an essential resource for environmental law practitioners, students and scholars seeking a broad overview of MEAs, concise explanations of individual agreements, and avenues for research.
This open access book is the first comprehensive overview of maritime or marine spatial planning. Countries across the globe are beginning to implement maritime spatial plans; however the authors of this collection have identified several key questions that are emerging from this growing body of MSP experience. How can maritime spatial planning deal with a complex and dynamic environment such as the sea? How can MSP be embedded in multiple levels of governance across regional and national borders - and how far does the environment benefit from this new approach? This book actively engages with the problems encapsulated in these questions, and explores possible solutions. Situated at the intersection between theory and practice, the volume draws together several strands of interdisciplinary research, reflecting on the history of MSP as well as examining current practice and looking towards the future. The authors and contributors examine MSP from disciplines as diverse as geography, urban planning, political science, natural science, sociology and education; reflecting the growing critical engagement with MSP in many academic fields. This innovative and pioneering volume will be of interest and value to students and scholars of maritime spatial planning, as well as planners and practitioners.
An essential book for all those who conduct animal-based research or are involved in education and training, as well as regulators, supporters, and opponents alike. This fully updated third edition includes discussion of genetically altered animals and associated welfare and ethical issues that surround the breeding programmes in animal based research. The book discusses the origins of vivisection, the advances in human and non-human welfare made possible by animal experimentation, moral objections, and alternatives to the use of animals in research. It also examines the regulatory umbrella under which experiments are conducted in Europe, USA and Australasia. The author highlights the future responsibilities of researchers who will be working with animals, and offers practical advice on experimental design, literature search, consultation with colleagues, and the importance of the ongoing search for alternatives.
The environmental challenges of the twenty-first century have raised profound questions regarding the suitability of environmental law to manage the many complex issues at hand. This insightful book considers how the law has adapted to address these challenges and considers the ways in which it might be used to cope with environmental risks and uncertainties, whilst also promoting resilience and greater equality. The book uses a multi-disciplinary approach to address the compatibility of law with the notions of risk and resilience, it scrutinises how capable these approaches are to effect equitable solutions to environmental risks, and it raises important questions about multi-level and participatory governance. Key chapters examine a variety of global experiments in countries such as China and countries in Latin America, to generate further governance of the environment, improve the available legal tools and give a voice to more diverse groups. Students and scholars across a variety of fields such as environmental studies, socio-legal studies, law, and risk regulation will find this an stimulating read. Senior policy-makers in central and local government, regulators and risk managers will also find this book imperative in their efforts to manage the dilemmas of environmental control.
Convening leading scholars to reflect on the practical and philosophical implications of religious values, this volume is an accessible introduction to Catholic social thought on contemporary affairs. Its gracefully written chapters cover three themes - direct environmental policy implications of Laudato Si', philosophical alternatives to dominant policy discourse, and renewed political economy based on robust conceptions of human flourishing. Care for the World offers learned reflections on what it would mean to express an ethic of compassion in an era of climate crises.
How should we strike a balance between the benefits of centralized and local governance, and how important is context to selecting the right policy tools? This uniquely broad overview of the field illuminates our understanding of environmental federalism and informs our policy-making future. Professor Kalyani Robbins has brought together an impressive team of leading environmental federalism scholars to provide a collection of chapters, each focused on a different regime. This review of many varied approaches, including substantial theoretical material, culminates in a comparative analysis of environmental federalism and consideration of what each system might learn from the others. The Law and Policy of Environmental Federalism includes clear descriptive portions that make it a valuable teaching resource, as well as original theory and a depth of policy analysis that will benefit scholars of federalism or environmental and natural resources law. The value of its analysis for real-world decision-making will make it a compelling read for practitioners in environmental law or fields concerned with federalism issues, including those in government or NGOs, as well as lobbyists.
This book investigates multidimensional change in the Arctic and policy response to it. It focuses its attention on the need for effective leadership within the region. In so doing it considers the contribution made by the main international organization of the region, the Arctic Council. In particular, it examines the various leadership functions undertaken by the Chair of that body including that of convener, manager, promoter, representative and resolver of differences. It is argued that in performing these multiple roles the Chair is contributing to the necessary leadership required to address pressing Arctic concerns. The book highlights the activities of the four most recent Arctic Council Chairs, Sweden, Canada, the United States and Finland. It considers the programs for action that each of these countries promoted during their terms at the helm of this major circumpolar organization. It examines the particular approaches, methods and strategies that each used to advance its agenda and the consequences of such efforts. It focuses attention on the need for building consensus among a diverse membership including Arctic states, organizations representing northern indigenous peoples, non-Arctic countries and non-governmental bodies. Drawing upon the insights of scholars from several disciplines from across the circumpolar community, the collected essays in this volume seek to paint a picture of the real challenges and opportunities for international diplomacy in the contemporary North. It suggests that there are true "lessons to be learned" in advancing leadership within the region. The book provides a means for considering these and the most effective means of response.
Safeguarding Adults and the Law, now in its third edition, sets this complex area of work within an extensive legal framework and provides many useful pointers for practitioners and students. It is now in an A-Z format, enabling quick reference to a wide range of civil and criminal law, and to legal case law. The book covers safeguarding duties under the Care Act 2014 and in particular the making of enquiries by local authorities, safeguarding adults boards, Department of Health guidance, human rights, regulation of health and social care providers, barring of carers from working with vulnerable adults, criminal records certificates, mental capacity, the High Court's inherent jurisdiction, undue influence, assault, battery, wilful neglect, ill treatment, self-neglect, manslaughter, murder, theft, fraud, sexual offences, modern slavery, domestic violence legislation, data protection and the sharing of information. The book focuses on how these areas of law, each with its own set of rules, apply to the practice of safeguarding adults. It contains numerous legal case summaries to bring the law to life. Fully updated, it reflects significant changes to civil and criminal law over the last five years. A critical introduction analyses serious challenges and issues inherent in the current culture of health and social care, and the implications for adult safeguarding. This book will be an essential resource for all those working in social care, health care and the police, as well as the many other agencies involved in safeguarding.
The current political economic system is misaligned for meeting the global imperatives of rapidly reducing greenhouse gases and sharing wealth more equitably. This book makes the case for a new environmentalism that implements a systems change approach to reorient the economy to be more sustainable, just, and democratic. This book addresses the laws and policies needed to support the emergence of a new economy across a variety of major areas - including energy, food, common pool resources, and the shifting of investments to capitalize locally-connected and mission-driven businesses. The contributors take the approach that these challenges are much broader than setting parameters around pollution, and indeed go to the heart of the dominant global political economy. The authors also explore the values needed to transform our current economic system into a new economy supportive of ecological integrity, social justice, and vibrant democracy. Law and Policy for a New Economy: Sustainable, Just, and Democratic will appeal to those interested in environmental law, climate change, environmental studies, political ecology and environmental economics.
Regulating Shale Gas discusses the regulatory context of shale gas in the European Union and draws conclusions on the EU's broader approach towards the regulation of new technologies. Providing the first dedicated examination of the overall regulatory context of shale gas in the EU, Leonie Reins reveals how the EU's new constitutional setup after the Lisbon Treaty has complicated rather than facilitated the EU's quest for a common energy policy. Shale gas has already transformed the energy outlook in the United States, but despite high expectations, exploration has failed to take off fully in the EU. This book investigates the reasons for this failure, as well as other related developments impacting both energy and environmental law, by highlighting the essential elements of coherent regulation of technologies. It further analyses other cross-cutting issues relating to the environmental and energy supply security challenges and offers insights into the regulation of the different sectors and the most topical developments. The regulation of shale gas is set to become an increasingly important issue, receiving attention of energy and environmental legal scholars, politicians and industry worldwide. This book will also appeal to legal practitioners seeking expertise in the law and policy of shale gas extraction in the EU.
Despite an increasing global awareness of environmental concerns, setting internationally binding and ambitious commitments has proven exceedingly complex. As states are seeking alternative methods to support global environmental protection, this book takes a closer look at the possibility of using national trade measures that make market access conditional on the environmental impact of the production process abroad. Inspired by accepted practice in other fields of law, Barbara Cooreman illustrates that the extraterritorial character of these environmental trade measures is not necessarily inconsistent with WTO law by proposing an extraterritoriality decision tree for trade measures targeting foreign production processes. Identifying key challenges through varied case studies, the author demonstrates that states can indeed use their market to further environmental progress, when the state's environment is affected and where a minimum level of international legal support exists for the environmental concern at issue. The book shows that current WTO laws leave more room for action than often thought and concludes that WTO law is no excuse for environmental inaction. Practical and comparative, this book will appeal to scholars of both environmental and trade law. It also offers a valuable tool to aid judges and lawmakers alike in determining the lawfulness of a measure.
The steady expansion of the European Union's involvement in health over the past 20 years has been accelerated by recent events. This Handbook offers an up-to-date analytical overview of the most important topics in EU health law and policy. It outlines, as far as possible, the direction of travel for each topic and suggests research agendas for the future. Split into five parts, this book brings together international, interdisciplinary contributions to consider the past, present and future of EU health law and policy. The changing membership of the EU could see dramatic changes for EU health law and policy and the contributors consider current developments in the light of past trajectories. The book covers key institutions; policies on people and products; health systems; public health; and the health implications of the EU's external trade policies and laws. Wide-ranging and accessible, this Handbook will appeal to academics and students focussing on EU health law or policy. It will also be of interest to lawyers and policy makers working in or with the EU as well as health managers and NGOs.
This insightful book explores why implementation of environmental law is too often ineffective in achieving effective environmental governance. It provides careful analysis and innovative proposals to help improve the practical effectiveness of legal instruments for environmental governance. A growing number of organisations including the IUCN, UNEP and the Organisation of American States have voiced concerns that legal instruments that were developed to pursue more convincing environmental governance over the last 40 years are not creating a sufficiently potent system of environmental governance. In response to this challenge, this timely book explores how to bridge the significant implementation gap between the objectives of environmental law and the real-world outcomes of its application. Expert contributors discuss different forms of law, from international conventions down to inter-parties agreements, and non-government codes and standards. The overarching discussion highlights the diverse factors that impact upon implementing environmental law in practice, and considers the limitations and opportunities for constructive innovation in legal governance. This book is a comprehensive reference point for scholars and policy-makers, shedding light on how to achieve significant improvements in the effective application of environmental law.
This highly accessible book gives readers a thorough and nuanced overview of European environmental law, covering on the basic framework and principles as well as substantive law. It provides much-needed insight into a crucial area of legal practice throughout the EU; at a time when environmental law in Member States is becoming ever less 'national' and EU regulation is growing in scope and importance. The book provides state-of-the-art insights into key pieces of legislation and topical developments in various areas of environmental regulation. The first part offers a succinct overview of the framework of European environmental law and the fundamental principles that govern it. This part covers the creation, implementation and enforcement of environmental regulations and includes dedicated chapters on in particular environmental impact assessment and environmental liability. The chapters in the second part offer in-depth analysis of the substantive law in key areas, including biodiversity, air quality, waste and chemicals regulation, and climate change. European environmental regulation is becoming more complex and interrelated, making it a crucial field of study for European law graduates and an area of increasing exposure to the legal profession and in industry. This much-needed book combines detailed legal analysis with a concise and accessible style, making it an ideal companion for students, academics and professionals alike.
Children often fare the worst when communities face social and environmental changes. The quality of food, water, affection and education that children receive can have major impacts on their subsequent lives and their potential to become engaged and productive citizens. At the same time, children often lack both a private and public voice, and are powerless against government and private decision-making. In taking a child rights-based approach to sustainable development, this volume defines and identifies children as the subjects of development, and explores how their rights can be respected, protected and promoted while also ensuring the economic, social and environmental sustainability of our planet.
This textbook is an ambitious and engaging introduction to the more advanced writings on medical law and ethics, primarily designed to allow students to `get under the skin' of the topic and begin to build their critical thinking and analysis skills. Each chapter is structured around key questions and debates that provoke deeper thought and, ultimately, a clearer understanding. The aim of the book is not to present a complete overview of theoretical issues in medical law and ethics, but rather to illustrate the current debates which are currently going on among those working in and shaping the area. The text features summaries of the views of notable experts on key topics and each chapter ends with a list of guided further reading. A perfect book for students taking a module in medical law, or for those wanting to deepen their knowledge.
Although girls and women account for approximately 40 percent of all athletes in the United States, they receive only 4 percent of the total sport media coverage. SportsCenter, ESPN's flagship program, dedicates less than 2 percent of its airtime to women. Local news networks devote less than 5 percent of their programming to women's sports. Excluding Sports Illustrated's annual "Swimsuit Issue," women appear on just 4.9 percent of the magazine's covers. Media is a powerful indication of the culture surrounding sport in the United States. Why are women underrepresented in sports media? Sports Illustrated journalist Andy Benoit infamously remarked that women's sports "are not worth watching." Although he later apologized, Benoit's comment points to more general lack of awareness. Consider, for example, the confusion surrounding Title IX, the U.S. Law that prohibits sex discrimination in any educational program that receives federal financial assistance. Is Title IX to blame when administrators drop men's athletic programs? Is it lack of interest or lack of opportunity that causes girls and women to participate in sport at lower rates than boys and men? In Women's Sports, Jaime Schultz tackles these questions, along with many others, to upend the misunderstandings that plague women's sports. Using historical, contemporary, scholarly, and popular sources, Schultz traces the progress and pitfalls of women's involvement in sport. In the signature question-and-answer format of the What Everyone Needs to Know (R) series, this short and accessible book clarifies misconceptions that dog women's athletics and offers much needed context and history to illuminate the struggles and inequalities sportswomen continue to face. By exploring issues such as gender, sexuality, sex segregation, the Olympic and Paralympic Games, media coverage, and the sport-health connection, Schultz shows why women's sports are not just worth watching, but worth playing, supporting, and fighting for.
Can waste become a profitable business rather than a costly problem, creating green business opportunities and green jobs while protecting the environment? Might this reduce illegal trade and improper recycling of hazardous wastes by making the legitimate alternatives more attractive? Addressing these questions, this book examines environmentally sound waste management as a driver in the transition to a green economy, and discusses how this transition is challenged by technical limitations, weak regulatory environments and lack of financial incentives. This in-depth analysis of the link between waste management and a green economy identifies key elements of a solid overarching legal and policy framework that could address these challenges, noting that consistent implementation and enforcement is crucial. It complements its examination of the legal and policy issues with contributions on technical and economic aspects, taking into account the interdisciplinary nature of the problem, and offers a perspective from Asia, where the challenges of waste management as well as the possible opportunities are particularly significant. With interdisciplinary authorship and contributions drawn from academia and practice, this book will be a timely resource for academics and practitioners in the areas of law, policy and economics. It will also provide insights for civil servants engaged in waste policy and related areas, private sector operators engaged in waste management and sustainable development, and non-governmental organizations engaged in environmental protection and poverty reduction efforts.
Global climate change is a topic of continuously growing interest. As more international treaties come into force, media coverage has increased and many universities are now starting to conduct courses specifically on climate change laws and policies. This textbook provides a survey of the international law on climate change, explaining how significant international agreements have sought to promote compliance with general norms of international law. Benoit Mayer provides an account of the rules agreed upon through lengthy negotiations under the United Nations Framework Convention on Climate Change (UNFCCC) and multiple other forums on mitigation, geoengineering, adaptation, loss and damage and international support. The International Law on Climate Change is suitable for undergraduate and graduate students studying climate, environmental or international law. It is supported by a suite of online resources featuring regularly updated lists of complementary materials and weblinks, and annually updated briefs for specific chapters.
Energy security is a burning issue in a world where 1.4 billion people still have no access to electricity. This book is about finding solutions for energy security through the international trading system. Focusing mainly on the European Union as a case study, this holistic and comprehensive analysis of the existing legal and geopolitical instruments strives to identify the shortcomings of the international and EU energy trade governance systems, concluding with the notion of a European Energy Union and what the EU is politically prepared to accept as part of its unified energy security. This snapshot of multilateral, regional and bilateral energy trade governance deals with energy transit from the perspective of the Energy Charter Treaty as a means to enhance EU energy security, and examines the system of law and governance of international trade in unconventional fossil fuels. The authors analyse concerns that arise from preferential trade agreements and renewable energy from the EU's perspective, and explain how the EU can diversify its energy supply to improve its energy security. This book will be of interest to students, scholars, lawyers, economists, policymakers, and think tanks dealing with the links between energy security and international trade, as well as those communities involved with other energy-related disciplines.
The Elgar Encyclopedia of Environmental Law is a landmark reference work, providing definitive and comprehensive coverage of this dynamic field. Each volume probes the key elements of law, the essential concepts, and the latest research through concise, structured entries written by international experts. Each entry includes an extensive bibliography as a starting point for further reading. The mix of authoritative commentary and insightful discussion will make this an essential tool for research and teaching, as well as a valuable resource for professionals and policymakers. Environmental issues are at the heart of some of the most complex and consequential decisions that society must face in pursuit of a more sustainable future. They encompass the international, national, and local levels and engage all branches of government. Decision Making in Environmental Law, one of the constituent volumes in the Elgar Encyclopedia of Environmental Law, brings together some of the leading experts in the field and provides a structured overview of the various dimensions of decision making from an environmental law perspective. The concise and accessible chapters provide an international scope and detailed bibliographies that allow readers to explore issues in depth. Topics include: the role of treaties, common law tools, rulemaking, access to information, regulatory structures, market-based and trading mechanisms, monitoring and reporting, voluntary programs and private regulation, environmental impact analysis, public engagement and environmental justice, administrative and judicial review, and the role of environmental courts and tribunals. This volume offers a complete exploration of the complicated issue of environmental decision making. It is ideal as an introduction for students, as a reference point for scholars, and as a comprehensive guide for practitioners.
Collaborative approaches to governance are being used to address some of the most difficult environmental issues across the world, but there has been less attention paid to the challenges of practice. The Challenges of Collaboration in Environmental Governance brings together leading scholars from the United States, Europe and Australia with a wide range of disciplinary backgrounds - planning, public policy, public administration, geography, political science, natural resources management, conflict resolution as well as other fields - to directly confront the challenges and limitations of collaborative governance in practice The authors explore the theory, problems, and context of collaboration challenges through a diverse set of international case studies from around the world. They also examine challenges related to power, politics, organizations, stakeholder roles, process, and participation, concluding with a research agenda to help guide future scholarship and practice. The goal is to highlight consistent difficulties from practice, and examine potential strategies for addressing conceptual weaknesses - all with an eye towards improving environmental governance results. By providing a synthesis of major themes and a research agenda for collaborative governance, this book will serve as an asset to academics and researchers in urban planning, public policy, public administration, political science, geography, conflict resolution, and natural resource management as well as practitioners working for governments or non-profit organizations.
This two-volume set gathers together some of the most significant contributions to the study of global health law. Global health law is a recent field of research in its own right, encompassing the relatively narrow core of international rules and institutions devoted to health protection and promotion, as well as the complex interactions between health and multiple areas of international law. By bringing such diverse perspectives into a single collection, together with an original introduction by the editor, this book will be an important resource for scholars and practitioners both in public health as well as in legal and policy fields such as trade and investment, human rights and the environment.
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