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Publisher Description
Environmental common law litigation has reemerged in recent years as a powerful second pathway alongside statutory avenues for practitioners, communities, and governments to seek redress to environmental wrongs. Creative Common Law Strategies for Protecting the Environment vividly illustrates that "environmental common law" has never been more alive, and perhaps more needed for meeting complex environmental challenges, than it is today. This book provides an overview of the major common law remedies, and describes the limits of using statutory remedies under environmental citizen suit provisions. The authors describe their experiences in bringing cutting-edge public nuisance actions against car manufacturers and large power producers because of their greenhouse gas emissions; successful products liability actions against the manufacturers of PERC and MTBE for groundwater contamination; path-breaking litigation filed by public entities against the lead paint industry; lawsuits under the public trust doctrine and other common law doctrines to protect water, fish, and wildlife . . . and much more.
Nanotechnology is the wave of the future, and has already been incorporated into everything from toothpaste to socks to military equipment. The safety of nanotechnology for human health and the environment is a great unknown, however, and no legal system in the world has yet devised a way to reasonably address the uncertain risks of nanotechnology. To do so will require creating new legal institutions. This volume of essays by leading law scholars and social and physical scientists offers a range of views as to how such institutions should be formed. It is essential reading for anyone who may wonder how we can continue to innovate technologically in a way that both delivers the benefits and sustains human health and the environment.
Questions the doctrinal construction of environmental law and looks for innovative legal approaches to ecological sustainability.
This book contains a collection of peer reviewed papers presented at the ninth biennial Modern Studies in Property Law conference held at the University of Southampton in March 2012. It is the 7th volume to be published under the name of the conference. The conference and its published proceedings have become an established forum for property lawyers from around the world to showcase current research in the discipline. This collection reflects both the breadth of modern research in property law and its international dimensions. Incorporating a keynote address by Lord Walker of Gestingthorpe, retired Justice of the Supreme Court, on 'The Saga of Strasbourg and Social Housing,' a number of chapters reveal the bourgeoning influence of human rights in property law. Other contributions illustrate an enduring need to question and explore fundamental concepts of the subject alongside new and emerging areas of study. Collectively the chapters demonstrate the importance and relevance of property research in addressing a wide range of contemporary issues.
Rates of childhood obesity are alarmingly high and increasing each year. Studies have shown that obese children are more likely to become obese adults and are likely to suffer with numerous health consequences like coronary heart disease, high blood pressure, and Type II diabetes, among others. Studies also indicate that television viewing and exposure to advertising for food products influences children's attitudes toward, food preferences and food purchase requests for foods with low nutritional value. It is important to better understand the role of media in childhood obesity and to learn how media may be used to address this issue in a positive way. This book focuses on communication and media research that can have an impact on reducing childhood obesity. Emphasis is placed on topics related to how the media communicate health-related messages about food, nutrition and diet that influence childhood obesity. Particular emphasis is on the new media, given the fact that media now have more central roles in socializing today’s children and youth than ever before. Advertising and marketing messages reach young consumers through a variety of vehicles – broadcast and cable television, radio, magazines, computers through the Internet, music, cell phones – and in many different venues – homes, schools, child-care settings, grocery stores, shopping malls, theaters, sporting events, and even airports. In addition, given the disparity in obesity rates between children of color and the general population, special attention is given to research on media targeting these populations.
This book exposes the dysfunction of environmental law and offers a transformative approach based on the public trust doctrine. An ancient and enduring principle, the public trust doctrine empowers citizens to protect their inalienable property rights to crucial resources. This book shows how a trust principle can apply from the local to global level to protect the planet.
This book provides a philosophical critique of legal relations between the EU and 'distant strangers' neither located within, nor citizens of, its Member States. Starting with the EU's commitment in Articles 3(5) and 21 TEU to advance democracy, human rights, and the rule of law in 'all its relations with the wider world', Ganesh examines in detail the salient EU and international legal materials and thereafter critiques them in the light of a theory of just global legal relations derived from Kant's philosophy of right. In so doing, Ganesh departs from comparable Kantian scholarship on the EU by centering the discussion not around the essay Toward Perpetual Peace, but around the Doctrine of Right, Kant's final and comprehensive statement of his general theory of law. The book thus sheds light on areas of EU law (EU external relations law, standing to bring judicial review), public international law (jurisdiction, global public goods) and human rights (human rights jurisdiction), and also critiques the widespread identification of the EU as a Kantian federation of peace. The thesis on which this book was based was awarded the 2020 René Cassin Thesis Prize (English section).
ResponsAbility challenges conventional thinking about our governance and legal frameworks. The cross-currents of persisting, established worldviews, knowledge systems, institutions, law and forms of governance are now at odds with future-facing innovations designed to help societies transition to both low-carbon economies and social equity. This book explores the ways in which we can move to new governance and legal structures that more effectively reflect our changed relationship with the Earth in the Anthropocene. The book is written by a group of eminent scholars and leading experts from a diverse range of backgrounds, all of whom bring new knowledge and analysis from across oceanic and continental regions. Many are from the discipline of law, whilst others bring expertise on indigenous knowledge, climate, water, governance and philosophy to engage with law. Contributors include His Highness Tui Atua Tupua Tamasese Ta’isi Efi, Head of State of Samoa, Judge Sir E. Taikakurei Durie, Dame Anne Salmond, Pierre Calame and Adrian Macey. A number of scenarios are presented throughout the book for the realignment of global and local law to institutionalise responsibility for social, environmental and earth-centered equity.