Kategoria BISAC: Law >> Environmental

This book is open access under a CC-BY license.

The contributors investigate a broad range of emerging socio-environmental challenges faced by contemporary Latin America. By using environmental governance as an overarching analytical concept, they cross territorial, sectorial, and institutional boundaries to address the nature/society nexus.

Typically, the legal investigation of nonhuman life, and of animal life in particular, is conducted through the discourse of animal rights. Within this discourse, legal rights are extended to certain nonhuman animals through the same liberal framework that has afforded human rights before it. Animals, Biopolitics, Law envisions the possibility of lively legalities that move beyond the humanist perspective. Drawing on an array of expertise-from law, geography, and anthropology, through animal studies and posthumanism, to science and technology studies-this interdisciplinary...

This collection is inspired by the transdisciplinary possibilities posed by the connections between space and justice. Drawing on a variety of theoretical influences that include Henri Lefebvre, Gilles Deleuze and Felix Guattari, Doreen Massey, Gillian Rose, Walter Benjamin, Elias Canetti, Antonio Negri and Yan Thomas, the contributors to this book conduct a series of jurisprudential, aesthetic and political inquiries into just modes of occupying space, and the ways in which space comes under the signs of law and justice. Bringing together leading critical legal scholars with theorists and...

This is the first comprehensive review of the Intergovernmental Committee (IGC) of the World Intellectual Property Organization (WIPO) established in 2000. It provides an in-depth consideration of the key thematic areas within WIPO discussions - genetic resources (GRs), traditional knowledge (TK) and traditional cultural expressions (TCEs) through the perspectives of a broad range of experts and stakeholders, including indigenous peoples and local communities. It also looks at how these areas have been treated in a number of forums and settings (including national systems and experiences,...

Given the magnitude of the risks associated with commercial activities in the Arctic arising as a result of the milder climate, new business opportunities raise important questions of responsibility and liability. This book analyses the issues of responsibility and liability connected with the exploitation of natural resources, marine transport and other activities in the Arctic. Applying a combined private and public law perspective on these issues, it considers both the business and societal interests related to Arctic development using Greenland as an example. The book focuses on...

The role of law in responding to global environmental problems and the interplay between different levels of regulation and governance is becoming increasingly relevant in the field of liability and reparation for environmental damage. This book examines the relationship and reciprocal influences between the EU and the international legal order in a multilevel and comparative perspective, in relation to the ongoing efforts to elaborate effective regimes of liability and reparation for environmental damage. It addresses questions concerning the impact of interaction on the development,...

Water has no respect for arbitrary, human-defined borders and institutions, and presents one of the most confounding governance challenges in contemporary natural resource management. This book proposes that sustainable water governance requires trans-jurisdictional water governance, defined as legal and policy responses to the conservation, management and use of water resources that cross administrative borders.

With considerable government, citizen and financial donor attention having been devoted to developing a range of international, transnational and national laws and policies to...

Transparency in the regulation of water utilities is essential in order to ensure quality and fairness. This book explores and compares different regulatory arrangements in the water utilities sectors in three jurisdictions to determine which regulatory and ownership model is most transparent and why. The three jurisdictions considered are England (UK), Victoria (Australia) and Jakarta (Indonesia).

Following an introduction to the importance of transparency in water utilities regulation, the book provides an overview of the three chosen jurisdictions and their legal and institutional...

International Natural Resources Law, Investment and Sustainability provides a clear and concise insight into the relationship between the institutions that govern foreign investment, sustainable development and the rules and regulations that administer natural resources. In this book, several leading experts explore different perspectives in how investment and natural resources come together to achieve sustainable development in developing countries with examples from water, oil and gas, renewable energy, mineral, agriculture, and carbon trading. Despite varying perspectives, it...

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...

This book provides a comprehensive review of the state of international law as it applies to transboundary groundwater resources and aquifers. The main focus is on recent developments and the emerging international law for transboundary aquifers as reflected in the practice of states and the work of the UN International Law Commission, UN Economic Commission for Europe, and International Law Association.

The author takes an interdisciplinary approach to the subject matter and provides the scientific hydro-geological underpinning for the application of law and policy to...

The book examines whether the jurisdiction of coastal States under international law can be extended to include powers of intervention towards vessels posing a significant risk to their coastal and marine environment, but which have not yet been involved in any incident or accident. The books sets out how it is that coastal State jurisdiction can indeed be seen as including powers of intervention towards High Risks Vessels before an incident or accident happens, on the basis of the precautionary principle. The precautionary principle requires taking action when a risk of damage to the...