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Environmental harms exert a significant toll and pose substantial economic costs on societies around the world. Although such harms have been studied from both legal and social science perspectives, these disciplinary-specific approaches are not, on their own, fully able to address the complexity of these environmental challenges. Many legal approaches, for example, are limited by their inattention to the motivations behind environmental offences, whereas many social science approaches are hindered by an insufficient grounding in current legislative frameworks. This edited collection constitutes a pioneering attempt to overcome these limitations by uniting legal and social science perspectives. Together, the book’s contributors forge an innovative socio-legal approach to more effectively respond to, and to prevent, environmental harms around the world. Integrating theoretical and empirical work, the book presents carefully selected illustrations of how legal and social science scholarship can be brought together to improve policies. The various chapters examine how a socio-legal approach can ultimately lead to a more comprehensive understanding of environmental harms, as well as to innovative and effective responses to such environmental offences.
Environmental harms exert a significant toll and pose substantial economic costs on societies around the world. Although such harms have been studied from both legal and social science perspectives, these disciplinary-specific approaches are not, on their own, fully able to address the complexity of these environmental challenges. Many legal approaches, for example, are limited by their inattention to the motivations behind environmental offences, whereas many social science approaches are hindered by an insufficient grounding in current legislative frameworks. This edited collection constitutes a pioneering attempt to overcome these limitations by uniting legal and social science perspectives. Together, the book’s contributors forge an innovative socio-legal approach to more effectively respond to, and to prevent, environmental harms around the world. Integrating theoretical and empirical work, the book presents carefully selected illustrations of how legal and social science scholarship can be brought together to improve policies. The various chapters examine how a socio-legal approach can ultimately lead to a more comprehensive understanding of environmental harms, as well as to innovative and effective responses to such environmental offences.
An international river basin is an ecological system, an economic thoroughfare, a geographical area, a font of life and livelihoods, a geopolitical network and, often, a cultural icon. It is also a socio-legal phenomenon. This book is the first detailed study of an international river basin from a socio-legal perspective. The Mekong River Basin, which sustains approximately 70 million people across Cambodia, China, Laos, Myanmar, Thailand and Vietnam, provides a prime example of the socio-legal complexities of governing a transboundary river and its tributaries. The book applies its socio-legal analysis to bring a fresh approach to understanding conflicts surrounding water governance in the Mekong River Basin. The authors describe the wide range of uses being made of legal doctrine and legal argument in ongoing disputes surrounding hydropower development in the Basin, putting to rest lingering caricatures of a single, ‘ASEAN’ way of navigating conflict. They call into question some of the common assumptions concerning the relationship between law and development. The book also sheds light on important questions concerning the global hybridization or crossover of public and private power and its ramifications for water governance. With current debates and looming conflicts over water governance globally, and over shared rivers in particular, these issues could not be more pressing.
This book provides a critical study of environmental regulation and its enforcement in New Zealand, situated within green criminology. It seeks to address the question of whether the offences in the Resource Management Act 1991 are 'working', by drawing on a range of sources including: central government data, local government policies and reports on enforcement, information requests of councils, studies of local authority enforcement behaviour and case law to. Through highly layered and richly textured analysis, the project exposes the problems that can arise when an expansive approach is taken to offences, penalties and institutional arrangements in an environmental regulatory statute. It emphasizes how discussions of harm and what should be unlawful will ensure that law-makers' enforcement tools will align with their goals for punishment. It examines higher-level issues such as ‘wrongfulness’ and ‘criminality’ in the environmental regulatory context and explores the relevance of its findings to jurisdictions outside of New Zealand. It also discusses the pros and cons of criminalisation and punishment versus restoration. It speaks to those interested in green criminology, regulatory compliance and enforcement, and applications of criminal law.
This book presents a socio-criminological study of environmental crime in the global South. It gathers contributors from all the regions of the geographical global South (Africa, Asia, Oceania, and Latin America) to discuss instances of environmental crime and conflict. Overall, it seeks to further decolonise the knowledge production of green criminology. It considers the legacy of colonisation, North-South and the core-periphery divides in the production of environmental crime, the epistemological contributions of the marginalised, impoverished, and oppressed, and the unique contexts of the global South. This book has three sections: drivers of green crime in the global South; responses to environmental harm in the global South; and global dialogues about crime and destruction in the global South. The first two sections represent the breadth of the topics that green criminologists have historically studied but from unique perspectives. The third section explores ethical and decolonial ways for Southern green criminology to collaborate with Western academia. This book speaks to scholars in criminology, political ecology, decolonial theory, along with the many readers interested in the interactions between humans and nature.
Crime, Deviance and Society: An Introduction to Sociological Criminology offers a comprehensive introduction to criminological theory. The book introduces readers to key sociological theories, such as anomie and strain, and examines how traditional approaches have influenced the ways in which crime and deviance are constructed. It provides a nuanced account of contemporary theories and debates, and includes chapters covering feminist criminology, critical masculinities, cultural criminology, green criminology, and postcolonial theory, among others. Case studies in each chapter demonstrate how sociological theories can manifest within and influence the criminal justice system and social policy. Each chapter also features margin definitions and timelines of contributions to key theories, reflection questions and end-of-chapter questions that prompt students reflection. Written by an expert team of academics from Australia, New Zealand and the United Kingdom, Crime, Deviance and Society is a highly engaging and accessible introduction to the field for students of criminology and criminal justice.
This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com. In this authoritative book, Ioanna Hadjiyianni and Kleoniki Pouikli incisively map out the regulatory landscape of ship recycling, exploring the main international and European regulatory approaches that govern its environmental impacts. In light of the transnational demands of environmental justice, they critically assess the interaction between multiple regimes from the perspective of key environmental principles and the EU’s attempts to steer regulatory developments in this field.
This work provides a unique legal perspective on the global, topical issue of children and the environment.
Over the past 40 years, countries throughout the world have similarly adopted human rights related to environmental governance and protection in national constitutions. Interestingly, these countries vary widely in terms of geography, politics, history, resources, and wealth. This raises the question: why do some countries have constitutional environmental rights while others do not? Bringing together theory from law, political science, and sociology, a global statistical analysis, and a comparative study of constitutional design in South Asia, Gellers presents a comprehensive response to this important question. Moving beyond normative debates and anecdotal developments in case law, as well as efforts to describe and categorize such rights around the world, this book provides a systematic analysis of the expansion of environmental rights using social science methods and theory. The resulting theoretical framework and empirical evidence offer new insights into how domestic and international factors interact during the constitution drafting process to produce new law that is both locally relevant and globally resonant. Scholars, practitioners, and students of law, political science, and sociology interested in understanding how institutions cope with complex problems like environmental degradation and human rights violations will find this book to be essential reading.
This book uses a transdisciplinary systems approach to examine how Earth’s human-caused ecological crisis arose and presents a new legal approach for overcoming it. Ecological Law and the Planetary Crisis first examines how the history of humanity’s social metabolism, along with the history of human inventions and ideas, led to the human-Earth dilemma we see today and explains why contemporary law is inadequate for confronting this dilemma. The book goes on to propose ecological law—law that maintains human activity within ecological limits such as planetary boundaries while ensuring social justice and equity—as an essential element of an urgently needed radical pathway of change toward a perpetual, mutually enhancing human-Earth relationship. Finally, it offers a systems-based analytical tool for organizing actions to promote the transition from environmental to ecological law. Increasing the visibility, clarity and development of ecological law, this book will be of great interest to students and scholars of ecological and environmental law and governance.