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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.
Environmental impacts are increasing due to human activities. The overuse of the benefits nature provides us is the direct result of our failure to put a price on these benefits. One way of addressing this is to require environmental compensation. The purpose of the study is to provide Nordic Council of Ministers and national decision-makers with an overview of key conditions for increased, flexible and cost-effective application of compensation. The study shows that for a relatively small cost society can make a significant investment in the provision of biodiversity and ecosystem services by requiring compensation. The study outlines three main recommendations on how to increase the use of environmental compensation: 1. Stimulate supply of, and demand for, compensation 2. Clarify and supplement guidelines and legal framework 3. Strengthen Nordic cooperation on compensation
This is the fifth book in a series that concentrates on basic information for the environmental law practitioner. In this instance, the focus is on the Comprehensive Environmental Response, Compensation and Liability Act of 1980.
At present there is no clear model under international law with which to determine compensation for environmental damage. After showing that no existing standard of compensation defined by the theory and practice of international law is adequate to cover all cases involving environmental damages - and that such a broad standard or set of standards may in fact be ultimately unachievable - the author of this important book develops a 'fair compensation' regime from an analysis of existing international dispute adjudication mechanisms, and presents this model as the best possible current approach to the conciliation of international responsibility and environmental interests.
For most people in the United States, going almost anywhere begins with reaching for the car keys. This is true, Christopher Wells argues, because the United States is Car Country—a nation dominated by landscapes that are difficult, inconvenient, and often unsafe to navigate by those who are not sitting behind the wheel of a car. The prevalence of car-dependent landscapes seems perfectly natural to us today, but it is, in fact, a relatively new historical development. In Car Country, Wells rejects the idea that the nation's automotive status quo can be explained as a simple byproduct of an ardent love affair with the automobile. Instead, he takes readers on a tour of the evolving American landscape, charting the ways that transportation policies and land-use practices have combined to reshape nearly every element of the built environment around the easy movement of automobiles. Wells untangles the complicated relationships between automobiles and the environment, allowing readers to see the everyday world in a completely new way. The result is a history that is essential for understanding American transportation and land-use issues today. Watch the book trailer: http://www.youtube.com/watch?v=48LTKOxxrXQ
Environmental law is a broad discipline covering issues such as nature conservation, the prevention or abatement of pollution, and waste management. It also encompasses concerns related to natural resources, such as forests, minerals, and fisheries, and the balance between their use and conservation. India has been at the forefront of jurisprudential developments among countries with similar environmental, geographical, socio-economic, and cultural conditions. Concurrently, the country has been receptive to ideas and principles arising from other parts of the world or from international law. The growth of environmental and natural resources law in India has been sustained in equal measure by growing environmental awareness and the increasingly dire nature of the problems associated with the environment and natural resources, ranging from local issues to the global climate crisis. At the same time, the continuous push for development has not abated, leading to recurrent pressure to weaken existing standards for environmental protection and the management and use of natural resources. The Oxford Handbook of Environmental and Natural Resources Law in India offers the most comprehensive coverage of the diverse and complex discipline of environmental and natural resources law in India over the past fifty years. With forty-two contributions from law and non-law scholars, the Handbook presents diverse perspectives on several areas including biodiversity, climate change, water, forests, agriculture, health, resource extraction, and industrial development. By departing from the existing approach that examines natural resources law and environmental law separately, The Oxford Handbook of Environmental and Natural Resources Law in India offers a much-needed integrated analysis of the development of domestic jurisprudence vis-à-vis the environment and natural resources.
The Atlantic Forest is one of the 36 hotspots for biodiversity conservation worldwide. It is a unique, large biome (more than 3000 km in latitude; 2500 in longitude), marked by high biodiversity, high degree of endemic species and, at the same time, extremely threatened. Approximately 70% of the Brazilian population lives in the area of this biome, which makes the conflict between biodiversity conservation and the sustainability of the human population a relevant issue. This book aims to cover: 1) the historical characterization and geographic variation of the biome; 2) the distribution of the diversity of some relevant taxa; 3) the main threats to biodiversity, and 4) possible opportunities to ensure the biodiversity conservation, and the economic and social sustainability. Also, it is hoped that this book can be useful for those involved in the development of public policies aimed at the conservation of this important global biome.
This book provides an insightful and holistic up-to-date perspective of the constitutional governance and legal framework in India with regard to environmental protection. Covering the foundational principles of environmental law, the book details the current status of international environmental law in the face of complex environmental challenges including climate change. The topics covered include water resource governance, and coastal regulation, with a particular focus on the growing significance of the National Green Tribunal. It also covers the wide range of policies that have been introduced over the past 50 years and the impact these have had. The book will be of interest to researchers, legal practitioners, and scholars in the field of environmental law and governance as well as international law.
This book is about environmental and climate legal protection in the energy transition. The Paris Agreement has a binding commitment of holding the global temperature increase to 2°C while pursuing efforts to limit it to 1.5°C. To cope with the negative effects of climate changes and mitigate greenhouse gas emissions, one of the primary responses has been the deployment of renewable energy sources, transiting from fossil fuels to sustainable electricity production. However, renewable energy sources can also cause significant environmental impacts. Wind energy, for instance, can impact biodiversity, such as birds and bats, killing them when colliding with turbines and affecting their migration and nesting. This results in conflicts in environmental law. This book questions whether, in the energy transition, the generation of electricity from renewable sources to protect the climate is compatible with the protection of the environment, both interests in environmental law. To address this question, this book follows a legal-environmental perspective and assesses the common problem of solving those internal environmental conflicts in Brazilian and German law to understand and compare whether and how both legal systems solve the conflicts by compatibilizing the protection of the climate with other environmental interests. The legal analysis focuses on land-use planning and environmental licensing, assessing similarities and differences, and evaluating the results, identifying what one country can learn from the other.
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