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Environmental Litigation in China
This is a book about the improbable: seeking legal relief for pollution in contemporary China. In a country known for tight political control and ineffectual courts, Environmental Litigation in China unravels how everyday justice works: how judges make decisions, why lawyers take cases, and how international influence matters. It is a readable account of how the leadership's mixed signals and political ambivalence play out on the ground - propelling some, such as the village doctor who fought a chemical plant for more than a decade, even as others back away from risk. Yet this remarkable book shows that even in a country where expectations would be that law wouldn't much matter, environmental litigation provides a sliver of space for legal professionals to explore new roles and, in so doing, probe the boundary of what is politically possible.
eBook
Compensation for Environmental Damage Under International Law
Inspired by recent litigation, this book identifies and critically appraises the manifold and varied approaches to calculating compensation for damage caused to the environment.
It examines a wide range of practice on compensation - in general and specifically for environmental damage - from that of international courts and tribunals, as well as international commissions and regimes, to municipal approaches and other disciplines such as economics and philosophy. Compensation for Environmental Damage Under International Law synthesises these approaches with a view to identifying their blind spots, bringing clarity to an area where there exists broad discrepancy, and charting best practices that appropriately balance the manifold interests at stake. In particular, it is argued that best practice methodologies should ensure compensation serves to fully repair the environment, reflect the emerging ecosystems approach and any implications environmental damage may have for climate change, as well as take into account relevant equitable considerations.
This book is essential reading for academics, practitioners and students working in the field of environmental law.
eBook
Environmental Principles and the Evolution of Environmental Law
Environmental principles are elusive concepts in environmental law - their meanings and legal functions are ambiguous, and they have varying histories in different jurisdictions. This book explores the legal understanding of environmental principles.
eBook
Fundamentals of environmental law and compliance
\"This textbook provides readers with the fundamentals and the intent of environmental regulations so that compliance can be greatly improved and streamlined. Through numerous examples and case studies it explains concepts from how environmental laws are applied and work, to why pollution prevention and sustainability are critical for the future of all life on Earth. It is organized to accommodate different needs for students with different backgrounds and career choices. It is also useful for site safety managers, research technicians, and other young professionals wanting to apply environmental regulations to their facilities and staying up to date on recently changed regulations\"-- Provided by publisher.
Book
Customary environmental law and its transformation models in Indonesia
The development of modern environmental law in Indonesia has not led to significant improvements in environmental quality. A key challenge is the limited public understanding of environmental law, compounded by the predominance of traditional, religious, and mystical perspectives within Indonesian society. This study aims to investigate the existence and role of customary environmental law in Indonesia and assess its potential contribution to the national environmental legal framework. A qualitative approach was employed, involving document analysis and field observations in communities known for strong adherence to customary practices. Data were analyzed to identify principles and practices of environmental management rooted in local customs. The findings reveal that customary environmental law exists and regulates both the utilization and conservation of the environment according to indigenous norms. This legal tradition operates beyond the realm of local wisdom, suggesting the emergence of a distinct subsystem within Indonesia's environmental law. Customary environmental law offers valuable insights for the formulation and revision of national environmental legislation. Integrating these customary principles could enhance the effectiveness and cultural relevance of Indonesia's environmental governance.
Journal Article
Regulating from Nowhere
Drawing insight from a diverse array of sources - including moral philosophy, political theory, cognitive psychology, ecology, and science and technology studies - Douglas Kysar offers a new theoretical basis for understanding environmental law and policy. He exposes a critical flaw in the dominant policy paradigm of risk assessment and cost-benefit analysis, which asks policymakers to, in essence, \"regulate from nowhere.\" As Kysar shows, such an objectivist stance fails to adequately motivate ethical engagement with the most pressing and challenging aspects of environmental law and policy, which concern how we relate to future generations, foreign nations, and other forms of life. Indeed, world governments struggle to address climate change and other pressing environmental issues in large part because dominant methods of policy analysis obscure the central reasons for acting to ensure environmental sustainability. To compensate for these shortcomings, Kysar first offers a novel defense of the precautionary principle and other commonly misunderstood features of environmental law and policy. He then concludes by advocating a movement toward environmental constitutionalism in which the ability of life to flourish is always regarded as a luxury wecanafford.
eBook