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Environmental Law in China: Managing Risk and Ensuring Compliance is the most comprehensive, up-to-date account of China's environmental laws and regulations. This book is a practical guide for foreign-invested businesses aiming to maintain compliance throughout their various areas of operation. It is also useful to academics and organizations attempting to understand China's complex system of law on the environment.
China has industrialized and urbanized at unprecedented scale and speed since its economic take-off began in the 1980s. It has become the world's second largest economy, but pollution has pushed the environment to the limits of its carrying capacity. Chinese Environmental Law provides a comprehensive and structured analysis of the increasingly sophisticated Chinese environmental legal regime. It examines the regulation of pollution in detail, covering key environmental statutes, policies and plans, and investigates judicial innovation in the interpretation and application of environmental legal instruments. The book presents Chinese environmental law in action and in context. By discussing key institutions and processes, readers will understand the operation of the environmental law and policy, the dynamic interactions between state and non-state actors, and the special challenges to the implementation and enforcement of environmental law in the socio-economic and political context of China.
The lives of kings, poets, authors, criminals and celebrities are a perpetual fascination in the media and popular culture, and for decades anthropologists and other scientists have participated in 'post-mortem dissections' of the lives of historical figures. In this field of biohistory, researchers have identified and analyzed these figures' bodies using technologies such as DNA fingerprinting, biochemical assays, and skeletal biology. This book brings together biohistorical case studies for the first time, and considers the role of the anthropologist in the writing of historical narratives surrounding the deceased. Contributors theorize biohistory with respect to the sociology of the body, examining the ethical implications of biohistorical work and the diversity of social theoretical perspectives that researchers' work may relate to. The volume defines scales of biohistorical engagement, providing readers with a critical sense of scale and the different paths to 'historical notoriety' that can emerge with respect to human remains.
The privilege against self-incrimination is often represented in the case law of England and Wales as a principle of fundamental importance in the law of criminal procedure and evidence. A logical implication of recognising a privilege against self-incrimination should be that a person is not compellable, on pain of a criminal sanction, to provide information that could reasonably lead to, or increase the likelihood of, her or his prosecution for a criminal offence. Yet there are statutory provisions in England and Wales making it a criminal offence not to provide particular information that, if provided, could be used in a subsequent prosecution of the person providing it. This book examines the operation of the privilege against self-incrimination in criminal proceedings in England and Wales, paying particular attention to the influence of the European Convention on Human Rights and the Human Rights Act 1998. Among the questions addressed are how the privilege might be justified, and whether its scope is clarified sufficiently in the relevant case law (does the privilege apply, for example, to pre-existing material?). Consideration is given where appropriate to the treatment of aspects of the privilege in Australia, Canada, India, New Zealand, the USA and elsewhere.
This book, the first in a series that focuses on treaty implementation for sustainable development, examines key legal aspects of implementing the Cartagena Protocol on Biosafety to the UN Convention on Biological Diversity (CBD) at national and international levels. The volume provides a serious contribution to the current legal and political academic debates on biosafety by discussing key issues under the Cartagena Protocol on Biosafety that affect the further design of national and international law on biosafety, and analyzing progress in the development of domestic regulatory regimes for biosafety. In the year of the fifth UN Meeting of the Parties to the Cartagena Protocol on Biosafety, at the signature of a new Nagoya-Kuala Lumpur Protocol on Liability and Redress, this timely book examines developments in biosafety law and policy.
Examines a new type of federal preemption statute popular since 1965 that allows states to retain a certain amount of regulatory discretion, with a focus on environmental statutes. Congress possesses broad regulatory powers, including the power of complete or partial preemption of state and local regulatory powers. Congress rarely enacted preemption statutes before the twentieth century, but since the 1960s such interventions have grown significantly in number, now totaling over seven hundred, and have transformed the nature of the American federal system. In Innovative Congressional Minimum Standards Preemption Statutes, Joseph F. Zimmerman provides the background and history of this critical transformation, classifying the forms these federal interventions have taken, with a focus on statutes dealing with such environmental issues as water and air quality, restoration of surface-mined areas, and still other areas that, collectively, have produced a revolution in relations between Congress and the states. Contrary to public perceptions of preemption being one-sided and heavy-handed, Zimmerman details the many variations present in these statutes that accommodate state and local interests, allowing for administrative and policy flexibility, and a generally cooperative relationship between states and localities and federal administrative agencies.
Jails and prisons are the only settings in which people are held against their will, possibly for long periods of time, and often with no pretense of doing so for their personal benefit. Occupants have little if any control over their lives, as, for instance, the most basic assumptions about privacy to dress, shower, and use the toilet are violated. This book addresses the impact of environmental design on inmates and staff members in jails and prisons and shows how design can dramatically affect the level of stress and violence.
This timely book provides a comprehensive survey of recent developments in intellectual property (IP) law within the Association of Southeast Asian Nations (ASEAN) countries, written by experienced scholars and practitioners in the field.
This book is the first of its kind, combining international perspectives on the current ethical considerations and challenges facing bioarchaeologists in the recovery, analysis, curation, and display of human remains. It explores how museum curators, commercial practitioners, forensic anthropologists, and bioarchaeologists deal with ethical issues pertaining to human remains in traditional and digital settings around the world. The book not only raises key ethical questions concerning the study, display, and curation of skeletal remains that bioarchaeologists must face and overcome in different countries, but also explores how this global community can work together to increase awareness of similar and, indeed, disparate ethical considerations around the world and how they can be addressed in working practices. The key aspects addressed include ethics in bioarchaeology and forensic anthropology, the excavation, curation, and display of human remains, repatriation, and new imaging techniques. As such, the book offers an ideal guide for students and practitioners in the fields of bioarchaeology, osteoarchaeology, forensic anthropology, medical anthropology, archaeology, anatomy, museum and archive studies, and philosophy, detailing how some ethical dilemmas have been addressed and which future dilemmas need to be considered.
This book builds on the scholarship of the law of state jurisdiction, engaging with fundamental questions about states' legislative competence, to respond to climate change. Considering general theory, the author advocates for a systemic analytical framework for the contested issue of 'extraterritoriality' in international law. Exploring the crystallisation of 'climate change jurisdiction', the book provides a comprehensive exploration of the jurisdictional bases and limitations for unilateral climate protection measures. In doing so, cross-cutting issues of world trade law, international civil aviation law, the law of the sea, and importantly, the customary international law of state jurisdiction are considered. Amidst the myriad of developing norms, a novel 'considerate design' tool is introduced to assist policymakers in finding a better balance between regulatory autonomy, development needs and the protection of common concerns.