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With its massive size, rich biodiversity, and unique location, Brazil plays an essential role when it comes to the health of our planet. Understanding how Brazil's environmental laws, policies, and systems operate is therefore paramount. With contributions from some of the most accomplished environmental lawyers of Brazil, Principal Trends on Brazilian Environmental Law is an indispensable resource for attorneys, investors, multilateral companies, nonprofits, academia, and students interested in understanding how Brazil's environmental governance system works. Readers will learn the intricacies of Brazilian environmental governance, including laws and policies focused on water, climate, solid waste, forests, and biofuels, and gain a keen understanding of the administrative and regulatory challenges associated with the management of these resources. Throughout, the authors identify and discuss pressing Brazilian environmental issues and suggest workable solutions for many of the challenging ecological problems faced by the country, and the world, today.
This ground-breaking volume provides analyses from experts around the globe on the part played by national and international law, through legislation and the courts, in advancing efforts to tackle climate change, and what needs to be done in the future. Published under the auspices of the British Institute of International and Comparative Law (BIICL), the volume builds on an event convened at BIICL, which brought together academics, legal practitioners and NGO representatives. The volume offers not only the insights from that event, but also additional materials, sollicited to offer the reader a more complete picture of how climate change litigation is evolving in a global perspective, highlighting both opportunities, and constraints.
Greening Brazil challenges the claim that environmentalism came to Brazil from abroad. Two political scientists, Kathryn Hochstetler and Margaret E. Keck, retell the story of environmentalism in Brazil from the inside out, analyzing the extensive efforts within the country to save its natural environment, and the interplay of those efforts with transnational environmentalism. The authors trace Brazil’s complex environmental politics as they have unfolded over time, from their mid-twentieth-century conservationist beginnings to the contemporary development of a distinctive socio-environmentalism meant to address ecological destruction and social injustice simultaneously. Hochstetler and Keck argue that explanations of Brazilian environmentalism—and environmentalism in the global South generally—must take into account the way that domestic political processes shape environmental reform efforts. The authors present a multilevel analysis encompassing institutions and individuals within the government—at national, state, and local levels—as well as the activists, interest groups, and nongovernmental organizations that operate outside formal political channels. They emphasize the importance of networks linking committed actors in the government bureaucracy with activists in civil society. Portraying a gradual process marked by periods of rapid advance, Hochstetler and Keck show how political opportunities have arisen from major political transformations such as the transition to democracy and from critical events, including the well-publicized murders of environmental activists in 1988 and 2004. Rather than view foreign governments and organizations as the instigators of environmental policy change in Brazil, the authors point to their importance at key moments as sources of leverage and support.
This important book investigates the environmental legal frameworks, court structures and relevant jurisprudence of nineteen countries, representing legal systems and legal cultures from a diverse array of countries situated across the globe. In doing so, it distils comparative trends, new developments, and best practices in adjudication endeavours, highlighting the benefits and shortcomings of the judicial approach to environmental governance.
Historically, the policy framework in Brazil has played a decisive role in shaping land use and changes in the rural landscape. Over the last three decades, the country has made impressive gains on socioeconomic, environmental and rural development policy fronts. Nonetheless, an overall analysis of Brazil’s policy framework pertaining to land use shows contradictions and constraints that need to be addressed in the long run. One such contradiction is given by disparities in rural credit and finance policies, with greater amounts favoring large-scale farming as opposed to family farming, despite the key role of smallholders in food production and job creation, and still low resources allocated to programs promoting low-carbon agricultural practices. Another contradiction is the dichotomy between climate change policies and mainstream agricultural and rural development policies. Brazil’s overriding challenge is harmonizing and effectively coordinating these different policy agendas at their various levels of implementation so as to effectively manage trade-offs. The question is what measures can be put in place to enable continued growth of agricultural production while also reducing its negative social and environmental costs? The answer lies partly in increasing support for implementing and up-scaling initiatives to promote low emissions agriculture and providing other economic incentives for adopting more sustainable use and conservation-oriented agricultural and land-use practices. Ultimately, reconciling agricultural production with conservation and rural livelihoods requires greater coordination and harmonization among sectoral policies at various levels of government. Achieving this goal requires the adoption of a combination of a value chain-based and territorial approach to land-use planning with more integrated farming systems in order to enable making improved decisions according to multiple trade-offs and impacts.
"This report documents how illegal logging by criminal networks and resulting forest fires are connected to acts of violence and intimidation against forest defenders and the state's failure to investigate and prosecute these crimes."--Publisher website, viewed September 27, 2019.
The international community has long grappled with the issue of safeguarding the environment and encouraging sustainable development, often with little result. The 1992 Rio Declaration on Environment and Development was an emphatic attempt to address this issue, setting down 27 key principles for the international community to follow. These principles define the rights of people to sustainable development, and the responsibilities of states to safeguard the common environment. The Rio Declaration established that long term economic progress required a connection to environmental protection. It was designed as an authoritative and comprehensive statement of the principles of sustainable development law, an instrument to take stock of the past international and domestic practice, a guide for the design of new multilateral environmental regimes, and as a reference for litigation. This commentary provides an authoritative and comprehensive overview of the principles of the Declaration, written by over thirty inter-disciplinary contributors, including both leading practitioners and academics. Each principle is analysed in light of its origins and rationale. The book investigates each principle's travaux préparatoires setting out the main points of controversy and the position of different countries or groups. It analyses the scope and dimensions of each principle, providing an in-depth understanding of its legal effects, including whether it can be relied before a domestic or international court. It also assesses the impact of the principles on subsequent soft law and treaty development, as well as domestic and international jurisprudence. The authors demonstrate the ways in which the principles interact with each other, and finally provide a detailed analysis of the shortcomings and future potential of each principle. This book will be of vital importance to practitioners, scholars, and students of international environomental law and sustainable development.
During Latin America’s China-led commodity boom, governments turned a blind eye to the inherent flaws in the region’s economic policy. Now that the commodity boom is coming to an end, those flaws cannot be ignored. High on the list of shortcomings is the fact that Latin American governments—and Chinese investors—largely fell short of mitigating the social and environmental impacts of commodity-led growth. The recent commodity boom exacerbated pressure on the region’s waterways and forests, accentuating threats to human health, biodiversity, global climate change and local livelihoods. China and Sustainable Development in Latin America documents the social and environmental impact of the China-led commodity boom in the region. It also highlights important areas of innovation, like Chile’s solar energy sector, in which governments, communities and investors worked together to harness the commodity boom for the benefit of the people and the planet.
Human activities are depleting ecosystems at an unprecedented rate. In spite of nature conservation efforts worldwide, many ecosystems including those critical for human well-being have been damaged or destroyed. States and citizens need a new vision of how humans can reconnect with the natural environment. With its focus on the long-term holistic recovery of ecosystems, ecological restoration has received increasing attention in the past decade from both scientists and policymakers. Research on the implications of ecological restoration for the law and law for ecological restoration has been largely overlooked. This is the first published book to examine comprehensively the relationship between international environmental law and ecological restoration. While international environmental law (IEL) has developed significantly as a discipline over the past four decades, this book enquires whether IEL can now assist states in making a strategic transition from not just protecting and maintaining the natural environment but also actively restoring it. Arguing that states have international duties to restore, this book offers reflections on the philosophical context of ecological restoration and the legal content of a duty to restore from an international law, European Union law and national law perspective. The book concludes with a discussion of several contemporary themes of interest to both lawyers and ecologists including the role of private actors, protected areas and climate change in ecological restoration.
This book examines the practice of corporate social responsibility (CSR) in Latin America, with a particular focus on Brazil. Drawing on historical developments and theoretical reflections alike, it introduces readers to the state of the art in Brazilian CSR. The authors present a range of regulatory and entrepreneurial frameworks that form the basis for business and CSR activities in Brazil. In a number of detailed case studies from various Brazilian institutions and enterprises, the book provides revealing insights into the practice of sustainable and responsible business conduct in this country. Subsequent chapters show the effects of anti-corruption laws, which have since informed corporations’ compliance agendas, and discuss recent, massive corruption scandals. Generally speaking, the book provides a highly informative and practice-oriented resource that successfully reconciles an ostensible contradiction – corporate social responsibility and Brazil.