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This volume presents an overview of public environmental law in the European Union and the United States of America. It focusses on constitutional and administrative environmental law but also includes other areas of law such as criminal and private law (in as far as these are relevant to the understanding of public environmental law). The book offers a comparative introduction, by editors and native authors, to the most important aspects of environmental law (prevention of pollution). It thus aspires to contribute to both 'transboundary' understanding of different regimes for Environmental Law and to a greater co-operation between different international and European partners in their strive towards more adequate (legal) modes of protection and improvement of the environment. For the purpose of the use of this book in education, research and legal practice, the contributions to the book are all based on one and the same format, thus making it more accessible for its readers. The final chapter offers comparative remarks by the editors.
After a period of relative silence, recent years have been marked by an upswing of interest in environmental issues. The publication of the report of the World Commission on Environment and Development on 'Our Common Future' (1987) has acted as a catalyst for a revival of the environmental awareness, not only regarding local and daily pollution problems, but also -and in particular- regarding global environmental decay and threats to a sustainable development. In a recent study by W.M. Stigliani et al., on 'Future Environments for Europe' (Executive Rep~rt 15, IIASA, Laxenburg, 1989) the environmental implications of various alternative socioeconomic development pathways with respect to eleven environmental issues that could become major problems in the future are analysed. These issues include: Managing water resources in an era of climate change. Acidification of soils and lakes in Europe. Long-term forestry management and the possibility of a future shortfall in wood supply. Areas of Europe marginalized by mainstream economic and agricultural development. Sea level rise. Chemical pollution of coastal waters. Toxic materials buildup and the potential for chemical time bombs. Non-point-source emissions of potentially toxic substances. Transportation growth versus air quality. Decreasing multi-functionally of land owing to urban and suburban land development. Increasing summer demand for electricity, and the impact on air quality.
This Handbook discusses the main issues, research, and theory on business and the natural environment, and how they impact on different business functions and disciplines
This Handbook brings together the foremost authorities from around the world to provide 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.
The book aims at understanding the current distribution and use of powers over the environment among various layers of government and their consequences on environmental protection, comparing federal, regional and unitary State models and drawing theoretical and practical consequences.
This comprehensive Research Handbook discusses how the EU has used its regulatory power to steer towards environmentally friendly behaviour, delving into the deep concerns related to the compliance with and enforcement of EU environmental law. It also highlights the important role of civil society’s use of environmental procedural rights, and characterizes how the CJEU case law has contributed to the effective implementation of EU environmental legislation.
Through a wide range of case studies, Mason reveals just how sensitive we all must be to styles of power, vulnerability and resilience in any democratic transition to sustainability. This is a fine book.' Timothy O'Riordan, Professor of Environmental Science, University of East Anglia, and Associate Director, Centre for Social and Economic Research on the Global Environment. Civic self-determination and ecological sustainability are widely accepted as two of the most important public goals. This book explains how they can be combined. Using vivid and telling case studies from around the world, it shows how liberal rights can include both ecological and social conditions for collective decision-making - environmentalist goals and social justice can be achieved together. Integrating theory and original case studies, the book makes a very significant contribution to the fundamentals of how environmental democracy can be advanced at all levels. Cogently argued and engaged, Environmental Democracy provides a superb teaching text and a source of ideas and persuasive arguments for the politically and environmentally engaged. It will be essential reading for students, teachers and researchers in politics, policy studies, environmental studies, geography and social science.
The past twenty-five years have seen a significant evolution in environmental policy, with new environmental legislation and substantive amendments to earlier laws, significant advances in environmental science, and changes in the treatment of science (and scientific uncertainty) by the courts. This book offers a detailed discussion of the important issues in environmental law, policy, and economics, tracing their development over the past few decades through an examination of environmental law cases and commentaries by leading scholars. The authors focus on pollution, addressing both pollution control and prevention, but also emphasize the evaluation, design, and use of the law to stimulate technical change and industrial transformation, arguing that there is a need to address broader issues of sustainable development. Environmental Law, Policy, and Economics,which grew out of courses taught by the authors at MIT, treats the traditional topics covered in most classes in environmental law and policy, including common law and administrative law concepts and the primary federal legislation. But it goes beyond these to address topics not often found in a single volume: the information-based obligations of industry, enforcement of environmental law, market-based and voluntary alternatives to traditional regulation, risk assessment, environmental economics, and technological innovation and diffusion. Countering arguments found in other texts that government should play a reduced role in environmental protection, this book argues that clear, stringent legal requirements--coupled with flexible means for meeting them--and meaningful stakeholder participation are necessary for bringing about environmental improvements and technologicial transformations.
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.
Authorities in the fields of environmental and international law and policy, political science, environmental technology, and public administration compare and contrast the ways in which the United States and the European Union handle similar environmental issues. The contributors critically analyze the influence of culture and history on the way apparently similar developed democracies handle the same problems; they examine the center-state relationship as it applies to EU member countries in contrast to states within the United States; they look at the challenge of transboundary, international, and global environmental problems, and how these relate to the still-emerging geopolitical reconfigurations involved in such structures as NAFTA and the EU; and they examine how transnational resources are handled in the North American and EU contexts. Randall Baker has assembled leading experts who examine significant issues for policymakers and environmentalists in North America and Western Europe.