This post-UNCED account of the frameworks, standards and implementation of the international environmental law is intended for undergraduates and academics in the fields of international law, politics, geography, economics and environmental studies. It can be used on its own as a reference or course text or in conjunction with its companion collections of documents.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to treaties, conventions, legislation and practice concerning the International Environmental Law. A general introduction covers geographic considerations, political, social and cultural aspects of environmental study, the history, sources and principles of environmental law, environmental legislation, carbon credits and the role of public authorities. The main body of the book deals first with laws aimed directly at protecting the environment from pollution in specific areas such as air, water, waste, soil, noise, and radiation. Then, a section on nature and conservation management covers protection of natural and cultural resources such as monuments, landscapes, parks and reserves, wildlife, agriculture, forests, fish, subsoil, and minerals. Further treatment includes the application of zoning and land-use planning, rules on liability, and administrative and judicial remedies to environmental issues and disputes. There is also an analysis of the impact of international and regional legislation and treaties on environmental regulation. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers handling cases dealing with and affecting international environment. Academics and researchers, as well as business investors, corporate houses and international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study of comparative international environmental law and policy.
This post-UNCED account of the frameworks, standards and implementation of the international environmental law is intended for undergraduates and academics in the fields of international law, politics, geography, economics and environmental studies. It can be used on its own as a reference or course text or in conjunction with its companion collections of documents.
Environmental principles – from the polluter pays and precautionary principles to the principles of integration and sustainability – proliferate in domestic and international legal and policy discourse, reflecting key goals of environmental protection and sustainable development on which there is apparent political consensus. Environmental principles also have a high profile in environmental law, beyond their popularity as policy and political concepts, as ideas that might unify the subject and provide it with conceptual foundations or boost its delivery of environmental outcomes. However, environmental principles are elusive legal concepts. This book deepens the legal understanding of environmental principles in light of recent legal developments. It analyses the increasing legal effects of environmental principles in different jurisdictions and demonstrates how they are shaping and revealing innovative and evolving bodies of environmental law. This analysis is a step forward in understanding a key feature of modern environmental law and presents a robust methodology for dealing with novel legal concepts in the subject. It also makes a contribution to environmental policy debates and discussions internationally that rely heavily on environmental principles, including their supposed legal effects.
This second edition of Philippe Sand's leading textbook on international environmental law provides a clear and authoritative introduction to the subject, revised to December 2002. It considers relevant new topics, including the Kyoto Protocol, genetically modified organisms, oil pollution, chemicals etc. and will remain the most comprehensive account of the principles and rules relating to environmental protection and the conservation of natural resources. In addition to the key material from the 1992 Rio Declaration and subsequent developments, Sands also covers topics including the legal and institutional framework, the field's historic development and standards for general application. This will continue to be an invaluable resource for both students and practitioners alike.
With more states paying heed to environmental principles as catalysts for improving their environmental law, this book traces the evolution of environmental principles from their origins to their embodiment in enforceable laws. This edition will integrate to a greater extent the relationship between environmental principles and human rights.
The pace of environmental regulation in recent years may have been at the expense of its coordination & consistency. In many states, it can appear an amorphous & confusing, perhaps even spiteful, puzzle for business, the public, the legal profession, & possibly even those authorities charged with administering it. The information provided in this book provides a starting point for foreign investors in their investigation of the environmental regulations & the related social priorities which will have an increasing impact on their investment decisions & strategies. Often, in such matters, the first vital step is to be able to put the right questions. To facilitate that exercise, lawyers from Austria, Australie, Belgium, Canada, Denmark, England, Finland, France, Germany, Greece, Ireland, Italy, Norway, Portugal, Spain, Sweden, Switzerland, The Netherlands, & the United States have combined to provide this excellent analytical overview of the regulatory schemes & major environmental issues in their respective jurisdiction. A separate chapter is included on the rules of the EC.
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.
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.