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Following decades of vigorous economic expansion, Asia is confronting the environmental consequences of unfettered development. This poses a challenge because of the strong bias of prevailing cultural systems in the region toward the goal of lifting standards of living over achieving ecological sustainability. This book juxtaposes international environmental norms and practices with relevant Asian policies and their applications in key areas. Roda Mushkat examines the fundamental principle of public participation in environmental law-making, as well as the "rights approach," against the emergence of democratic and human rights norms in the region. The complex relationship between trade and the environment is also discussed in light of the strong regional emphasis on economic growth, trade liberalization, and the aversion to conditionalities. Given regionalization processes in Asia-Pacific and elsewhere, this work seeks to establish to what extent such processes have led to the regionalization of international environmental law. International Environmental Law and Asian Values concludes that, although some gaps can be identified between international imperatives and regional responses, "Asian values" have not proved to be an insurmountable barrier to the spread of international environmental legal ideas. On the whole, the region is responding to impulses emanating from the global arena rather than resisting them consciously. The analysis and conclusions of this comprehensive and original work will be of considerable interest to scholars of international law and relations, environmental policy, comparative culture, economic development, and social change.
Offers psychological insights into how people perceive, respond to, value, and make decisions about the environment Environmental law may seem a strange space to seek insights from psychology. Psychology, after all, seeks to illuminate the interior of the human mind, while environmental law is fundamentally concerned with the exterior surroundings—the environment—in which people live. Yet psychology is a crucial, undervalued factor in how laws shape people’s interactions with the environment. Psychology can offer environmental law a rich, empirically informed account of why, when, and how people act in ways that affect the environment—which can then be used to more effectively pursue specific policy goals. When environmental law fails to incorporate insights from psychology, it risks misunderstanding and mispredicting human behaviors that may injure or otherwise affect the environment, and misprescribing legal tools to shape or mitigate those behaviors. The Psychology of Environmental Law provides key insights regarding how psychology can inform, explain, and improve how environmental law operates. It offers concrete analyses of the theoretical and practical payoffs in pollution control, ecosystem management, and climate change law and policy when psychological insights are taken into account.
John Copeland Nagle shows how our reliance on environmental law affects the natural environment through an examination of five diverse places in the American landscape: Alaska's Adak Island; the Susquehanna River; Colton in California's Inland Empire; Theodore Roosevelt National Park in the badlands of North Dakota; and Alamogordo in New Mexico. Nagle asks why some places are preserved by the law while others are not, and he finds that environmental laws often have unexpected results while other laws have surprising effects on the environment. Nagle argues that sound environmental policy requires better coordination among the many laws, regulations, and social norms that determine the values and uses of our scarce lands and waters.
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.
Reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water, and land and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights, and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.
About the Book: Land use climate bubbles are popping up throughout the nation at an alarming rate, creating an economic crisis that will be more damaging than that of the housing bubble of 2008. The costs to ecosystems and low- and moderate-income households are equally severe. These bubbles, where land and building values are declining, provide extensive, objective evidence that climate change is real and must be dealt with on the ground. And it sidelines the ideological battles over the political response and instead requires us to focus on the practical question: what can we do to respond? Climate action seeks to avoid the harm we can't manage and to manage the harm we can't avoid. Local leaders understand the urgency of the crisis and are highly motivated to learn how to prevent and mitigate its consequences. This book describes how the local land use legal system can leverage state and local assistance to reduce per capita carbon emissions as an important and now recognized component of global efforts to manage climate change. The tools and techniques presented in the book are available to the nation's 40,000 local governments, if led by courageous leaders choosing to succeed in this epic battle. About the Author: John R. Nolon is Distinguished Professor of Law at the Elisabeth Haub School of Law at Pace University where he teaches property, land use, dispute resolution, and sustainable development law courses and is Counsel to the Law School's Land Use Law Center which he founded in 1993. He served as Adjunct Professor of land use law and policy at the Yale School of Forestry and Environmental Studies from 2001-2016.
The material contained in this book covers global themes, crosses jurisdictional borders, captures different theoretical perspectives and elucidates numerous substantive areas of the subject to provide an intellectual justification of the foundations of environmental law.
Environmental law has aesthetic dimensions. Aesthetic values have shaped the making of environmental law, and in turn such law governs many of our nature-based sensory experiences. Aesthetics is also integral to understanding the very fabric of environmental law, in its institutions, procedures and discourses. The Art of Environmental Law, the first book of its kind, brings new insights into the importance of aesthetic issues in a variety of domains of environmental governance around the world, from climate change to biodiversity conservation. It also argues for aesthetics, and relatedly the arts, to be taken more seriously in the practice of environmental law so as to improve our emotional and ethical capacities to address the upheavals of the Anthropocene.
This book argues that environmental law must be seen as a historical product of surprising antiquity and considerable sophistication.
Environmental Law and Policy is a user-friendly, concise, inexpensive treatment of environmental law. Written to be read rather than used as a reference source, the authors provide a broad conceptual overview of environmental law while also explaining the major statutes and cases. The book is intended for four audiences ? students (both graduate and undergraduate) seeking a readable study guide for their environmental law and policy courses; professors who do not use casebooks (relying on their own materials or case studies) but want an integrating text for their courses or want to include conceptual materials on the major legal issues; and practicing lawyers and environmental professionals who want a concise, readable overview of the field. The first part of the book provides an engaging discussion of the major themes and issues that cross-cut environmental law. Starting with the first chapter's brief history of environmentalism in America, the second chapter goes on to explore the importance and implications of basic themes that occur in virtually all environmental conflicts, including scientific uncertainty, market failures, problems of scale, public choice theory, etc. It then presents three dominant perspectives in the field that drive policy development ? environmental rights, utilitarianism, and environmental justice. Chapter Three fills in the remaining legal background for understanding environmental protection, reviewing the theory of instrument choice, the basics of administrative law, core concepts in constitutional law (e.g., takings, the commerce clause), and the doctrines associated with how citizen groups shape environmental law (such as standing). The second part of the book examines the substance of environmental law, with separate sections on each of the major statutes. International issues such as ozone depletion, climate change, and transboundary waste disposal are also addressed. These chapters build on the themes and conceptual framework laid down in the first part of the text in order to integrate the discussion of individual statutes into a broad portrait of the law.