The Role of the Judiciary in Environmental Governance

The Role of the Judiciary in Environmental Governance

Author: Louis J. Kotzé

Publisher: Kluwer Law International B.V.

Published: 2009-01-01

Total Pages: 642

ISBN-13: 9041127089

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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.


Book Synopsis The Role of the Judiciary in Environmental Governance by : Louis J. Kotzé

Download or read book The Role of the Judiciary in Environmental Governance written by Louis J. Kotzé and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 642 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


Compendium of Summaries of Judicial Decisions in Environment Related Cases

Compendium of Summaries of Judicial Decisions in Environment Related Cases

Author: United Nations Environment Programme

Publisher: UNEP/Earthprint

Published: 2005

Total Pages: 282

ISBN-13: 9280725572

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Success in tackling environmental degradation relies on the full participation of everyone in society. The judiciary is a crucial partner in promoting environmental governance, upholding the rule of law and in ensuring a fair balance between environmental, social and developmental considerations through its judgements and declarations. This publication outlines the work done by UNEP in cooperation with several partners in developing and implementing a programme to engage the judiciaries of all countries in the pursuit of the rule of law in the area of environment and sustainable development.


Book Synopsis Compendium of Summaries of Judicial Decisions in Environment Related Cases by : United Nations Environment Programme

Download or read book Compendium of Summaries of Judicial Decisions in Environment Related Cases written by United Nations Environment Programme and published by UNEP/Earthprint. This book was released on 2005 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: Success in tackling environmental degradation relies on the full participation of everyone in society. The judiciary is a crucial partner in promoting environmental governance, upholding the rule of law and in ensuring a fair balance between environmental, social and developmental considerations through its judgements and declarations. This publication outlines the work done by UNEP in cooperation with several partners in developing and implementing a programme to engage the judiciaries of all countries in the pursuit of the rule of law in the area of environment and sustainable development.


Global Environmental Governance

Global Environmental Governance

Author: Louis J. Kotzé

Publisher: Edward Elgar Publishing

Published: 2012-01-01

Total Pages: 361

ISBN-13: 1781002533

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ÔThis book is a novel, sophisticated, broad ranging and insightful study of the idea of global environmental governance but from a legal dimension and perspective. While recognising that concepts and ideas used to describe governance are generally abstract, vague and slippery, this project brings clarity to the field by being theoretically informed, contextually sensitive and pragmatically circumscribed. Its conclusions and arguments open up a field of inquiry that has to be genuinely interdisciplinary and in that sense has great potential to contribute to a better understanding of environmental themes and issues. This book is destined to become a landmark for legal academics who will write about environmental governance in that its concern is with the global governance of nature rather than a text that uses the environment as a pretext for understanding governance. It is well written, easy and enjoyable to read and while it traverses through diverse bodies of literature it manages to effectively communicate with a variety of scholarly communities.Õ Ð Afshin Akhtarkhavari, Griffith Law School, Australia ÔFourth generation global environmental regulation attempts to address the complex realities of an interconnected environment, global environmental problems and collective regulatory responses. It merits conceptual clarity. Louis KotzŽ reveals the legal contours and content of global environmental governance by chipping away such parts of the conceptual marble block as are not needed. For the environmental lawyer, it is a welcome Ð and much needed Ð process of elimination. This book provides a toolkit for lawyers to engage critically with the extra-legal concept of environmental governance. Its scrutiny and careful analysis contribute meaningfully to the environmental discourse.Õ Ð Christine Voigt, University of Oslo, Norway ÔGlobal Environmental Governance is a truly important book. Drawing on a multitude of disciplines, award-winning environmental law Professor Louis KotzŽ masterfully explains the emerging concept of Òglobal environmental governanceÓ and its elements of globalism, environmental law, regulation, and governance theory. He makes a compelling case that the world has outgrown the ÒsustainabilityÓ model and moved toward this more all-encompassing approach to environmental regulation. This admirable book makes global environmental governance theory understandable and pertinent so environmental leaders, lawyers, and regulators can engage comfortably with this new vision for an ecologically and economically healthy world.Õ Ð George (Rock) Pring, University of Denver Sturm College of Law, US ÔThis book, in examining the relationship between global environmental governance and environmental law, provides an important and timely contribution to the quest to fashion a more viable approach to regulating the relationship between humanity and the environment. While the term ÒgovernanceÓ is much employed in international environmental law scholarship, its conceptual underpinnings have not, on the whole, been adequately addressed in the legal sphere and understanding of the symbiotic relationship between the two areas has suffered as a result. This book makes a welcome start to tackling these issues and, it is to be hoped, will trigger renewed vigour in this socially and legally vital area of inquiry.Õ Ð Karen Morrow, University of Swansea, Wales, UK ÔFor years, scholars of international law and international relations have developed parallel literatures. In Global Environmental Governance, Louis KotzŽ offers a common conceptual, theoretical, and normative ground in the global environmental field. As a skillful lawyer, he dissects terminology, explains core assumptions, and constructs causal chains. But he does not stop there. His shrewd analysis of power and authority, individual incentives and collective action, management and regulation builds a bridge between law and politics as disciplines concerned about what global environmental governance is and how it can be improved.Õ Ð Maria Ivanova, University of Massachusetts, US ÔIn search of shelter from the buffeting blasts of climate change, biodiversity loss, resource depletion, famine and disease, states and public agencies, community representatives, resource users, advocacy networks and citizens huddle together under the vast and varied institutional umbrellas of environmental governance. Louis KotzŽÕs innovative study systematically describes the role of environmental law as the springs, stretchers, ribs and handles of the decision-making umbrellas we so desperately hope will hold firm when they are opened up in times of need.Õ Ð Jamie Benidickson, University of Ottawa, Canada ÔThe concept of Òglobal environmental governanceÓ has been part of the lexicon in accounts of global environmental politics for some time. Yet to date it has escaped comprehensive assessment from a legal perspective. This groundbreaking work fills this gap in the literature. It offers a masterful analysis of the theoretical underpinnings of the environmental governance, and highlights the critical importance of environmental regulation in ensuring that environmental governance lives up to its promise as a means for achieving truly ecologically sustainable development.Õ Ð Tim Stephens, University of Sydney, Australia This timely book brings much-needed clarity to the concept of Ôenvironmental governanceÕ as manifested in the global regulatory domain. The author argues that despite being used as a fashionable term by many Ð including economists, political scientists, environmentalists and, increasingly, lawyers Ð its theoretical contours and conceptual content remain unclear, incoherent, and inconsistent. In addressing this problem, the book begins by describing globalization as a general context of governance. It comprehensively interrogates and clarifies both the governance and global governance concepts, and then explains aspects and components of global environmental governance. Finally it investigates the role of law in global environmental governance. Providing a much-needed definition of environmental governance and global environmental governance, this comprehensive study will appeal to academics and researchers, post-graduate and under-graduate students, intergovernmental organizations such as UNEP, WTO, IUCN, as well as governments and governmental agencies involved with environmental regulation.


Book Synopsis Global Environmental Governance by : Louis J. Kotzé

Download or read book Global Environmental Governance written by Louis J. Kotzé and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔThis book is a novel, sophisticated, broad ranging and insightful study of the idea of global environmental governance but from a legal dimension and perspective. While recognising that concepts and ideas used to describe governance are generally abstract, vague and slippery, this project brings clarity to the field by being theoretically informed, contextually sensitive and pragmatically circumscribed. Its conclusions and arguments open up a field of inquiry that has to be genuinely interdisciplinary and in that sense has great potential to contribute to a better understanding of environmental themes and issues. This book is destined to become a landmark for legal academics who will write about environmental governance in that its concern is with the global governance of nature rather than a text that uses the environment as a pretext for understanding governance. It is well written, easy and enjoyable to read and while it traverses through diverse bodies of literature it manages to effectively communicate with a variety of scholarly communities.Õ Ð Afshin Akhtarkhavari, Griffith Law School, Australia ÔFourth generation global environmental regulation attempts to address the complex realities of an interconnected environment, global environmental problems and collective regulatory responses. It merits conceptual clarity. Louis KotzŽ reveals the legal contours and content of global environmental governance by chipping away such parts of the conceptual marble block as are not needed. For the environmental lawyer, it is a welcome Ð and much needed Ð process of elimination. This book provides a toolkit for lawyers to engage critically with the extra-legal concept of environmental governance. Its scrutiny and careful analysis contribute meaningfully to the environmental discourse.Õ Ð Christine Voigt, University of Oslo, Norway ÔGlobal Environmental Governance is a truly important book. Drawing on a multitude of disciplines, award-winning environmental law Professor Louis KotzŽ masterfully explains the emerging concept of Òglobal environmental governanceÓ and its elements of globalism, environmental law, regulation, and governance theory. He makes a compelling case that the world has outgrown the ÒsustainabilityÓ model and moved toward this more all-encompassing approach to environmental regulation. This admirable book makes global environmental governance theory understandable and pertinent so environmental leaders, lawyers, and regulators can engage comfortably with this new vision for an ecologically and economically healthy world.Õ Ð George (Rock) Pring, University of Denver Sturm College of Law, US ÔThis book, in examining the relationship between global environmental governance and environmental law, provides an important and timely contribution to the quest to fashion a more viable approach to regulating the relationship between humanity and the environment. While the term ÒgovernanceÓ is much employed in international environmental law scholarship, its conceptual underpinnings have not, on the whole, been adequately addressed in the legal sphere and understanding of the symbiotic relationship between the two areas has suffered as a result. This book makes a welcome start to tackling these issues and, it is to be hoped, will trigger renewed vigour in this socially and legally vital area of inquiry.Õ Ð Karen Morrow, University of Swansea, Wales, UK ÔFor years, scholars of international law and international relations have developed parallel literatures. In Global Environmental Governance, Louis KotzŽ offers a common conceptual, theoretical, and normative ground in the global environmental field. As a skillful lawyer, he dissects terminology, explains core assumptions, and constructs causal chains. But he does not stop there. His shrewd analysis of power and authority, individual incentives and collective action, management and regulation builds a bridge between law and politics as disciplines concerned about what global environmental governance is and how it can be improved.Õ Ð Maria Ivanova, University of Massachusetts, US ÔIn search of shelter from the buffeting blasts of climate change, biodiversity loss, resource depletion, famine and disease, states and public agencies, community representatives, resource users, advocacy networks and citizens huddle together under the vast and varied institutional umbrellas of environmental governance. Louis KotzŽÕs innovative study systematically describes the role of environmental law as the springs, stretchers, ribs and handles of the decision-making umbrellas we so desperately hope will hold firm when they are opened up in times of need.Õ Ð Jamie Benidickson, University of Ottawa, Canada ÔThe concept of Òglobal environmental governanceÓ has been part of the lexicon in accounts of global environmental politics for some time. Yet to date it has escaped comprehensive assessment from a legal perspective. This groundbreaking work fills this gap in the literature. It offers a masterful analysis of the theoretical underpinnings of the environmental governance, and highlights the critical importance of environmental regulation in ensuring that environmental governance lives up to its promise as a means for achieving truly ecologically sustainable development.Õ Ð Tim Stephens, University of Sydney, Australia This timely book brings much-needed clarity to the concept of Ôenvironmental governanceÕ as manifested in the global regulatory domain. The author argues that despite being used as a fashionable term by many Ð including economists, political scientists, environmentalists and, increasingly, lawyers Ð its theoretical contours and conceptual content remain unclear, incoherent, and inconsistent. In addressing this problem, the book begins by describing globalization as a general context of governance. It comprehensively interrogates and clarifies both the governance and global governance concepts, and then explains aspects and components of global environmental governance. Finally it investigates the role of law in global environmental governance. Providing a much-needed definition of environmental governance and global environmental governance, this comprehensive study will appeal to academics and researchers, post-graduate and under-graduate students, intergovernmental organizations such as UNEP, WTO, IUCN, as well as governments and governmental agencies involved with environmental regulation.


Courts and the Environment

Courts and the Environment

Author: Christina Voigt

Publisher: Edward Elgar Publishing

Published:

Total Pages: 456

ISBN-13: 1788114671

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This discerning book examines the challenges, opportunities and solutions for courts adjudicating on environmental cases. It offers a critical analysis of the practice and judgments of courts from various representative and influential jurisdictions.


Book Synopsis Courts and the Environment by : Christina Voigt

Download or read book Courts and the Environment written by Christina Voigt and published by Edward Elgar Publishing. This book was released on with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: This discerning book examines the challenges, opportunities and solutions for courts adjudicating on environmental cases. It offers a critical analysis of the practice and judgments of courts from various representative and influential jurisdictions.


Global Environmental Governance

Global Environmental Governance

Author: Amedeo Postiglione

Publisher: Emile Bruylant

Published: 2010

Total Pages: 276

ISBN-13:

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"ICEF (International Court of the Environment Foundation)."--T.p.


Book Synopsis Global Environmental Governance by : Amedeo Postiglione

Download or read book Global Environmental Governance written by Amedeo Postiglione and published by Emile Bruylant. This book was released on 2010 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: "ICEF (International Court of the Environment Foundation)."--T.p.


Environmental Law Before the Courts

Environmental Law Before the Courts

Author: Giovanni Antonelli

Publisher: Springer Nature

Published: 2023-12-01

Total Pages: 348

ISBN-13: 3031415272

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This book sheds light on the latest trends in environmental law by analyzing some of the main sectors of law, including administrative law, constitutional law, EU law, US Law, and human rights law. It explores the evolution of these sectors before courts and tribunals from a US-EU perspective and from the perspectives of some of the foremost academics and justices from the major jurisdictions. Supranational and national courts, both in Europe and in the US, have delivered significant environmental judgements in recent years. The corresponding case law reflects how, in many jurisdictions, environmental and climate litigation continues to expand exponentially as a tool to strengthen environmental protection, whether by pushing national governments to be more ambitious or by enforcing existing statutes and regulations. Courts, particularly after the Paris Agreement, are increasingly seeking their own role as an important player in multilevel environmental governance. Courts in both the US and EU are at the forefront of this process and their role in shaping environmental rule of law will be fundamental in the near future.


Book Synopsis Environmental Law Before the Courts by : Giovanni Antonelli

Download or read book Environmental Law Before the Courts written by Giovanni Antonelli and published by Springer Nature. This book was released on 2023-12-01 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book sheds light on the latest trends in environmental law by analyzing some of the main sectors of law, including administrative law, constitutional law, EU law, US Law, and human rights law. It explores the evolution of these sectors before courts and tribunals from a US-EU perspective and from the perspectives of some of the foremost academics and justices from the major jurisdictions. Supranational and national courts, both in Europe and in the US, have delivered significant environmental judgements in recent years. The corresponding case law reflects how, in many jurisdictions, environmental and climate litigation continues to expand exponentially as a tool to strengthen environmental protection, whether by pushing national governments to be more ambitious or by enforcing existing statutes and regulations. Courts, particularly after the Paris Agreement, are increasingly seeking their own role as an important player in multilevel environmental governance. Courts in both the US and EU are at the forefront of this process and their role in shaping environmental rule of law will be fundamental in the near future.


International Courts and Environmental Protection

International Courts and Environmental Protection

Author: Tim Stephens

Publisher: Cambridge University Press

Published: 2009-02-12

Total Pages: 459

ISBN-13: 0521881226

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A comprehensive examination of international environmental litigation which addresses the major environmental challenges of the twenty-first century.


Book Synopsis International Courts and Environmental Protection by : Tim Stephens

Download or read book International Courts and Environmental Protection written by Tim Stephens and published by Cambridge University Press. This book was released on 2009-02-12 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive examination of international environmental litigation which addresses the major environmental challenges of the twenty-first century.


Judges and the Rule of Law

Judges and the Rule of Law

Author: Thomas Greiber

Publisher: IUCN

Published: 2006

Total Pages: 128

ISBN-13: 9782831709154

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Judges play a critical role in the development, enforcement and compliance with environmental law. To showcase the role of the judiciary in upholding the rule of law, IUCN organized a "Judiciary Day" at its 2004 World Conservation Congress in Bangkok. This publication contains papers and speeches covering some of the cutting-edge themes that were discussed. It is hoped that these proceedings will enable a wide community of readers to better understand the crucial role of the judiciary in achieving the goals of sustainable development and nature conservation.


Book Synopsis Judges and the Rule of Law by : Thomas Greiber

Download or read book Judges and the Rule of Law written by Thomas Greiber and published by IUCN. This book was released on 2006 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judges play a critical role in the development, enforcement and compliance with environmental law. To showcase the role of the judiciary in upholding the rule of law, IUCN organized a "Judiciary Day" at its 2004 World Conservation Congress in Bangkok. This publication contains papers and speeches covering some of the cutting-edge themes that were discussed. It is hoped that these proceedings will enable a wide community of readers to better understand the crucial role of the judiciary in achieving the goals of sustainable development and nature conservation.


Comparative and Global Environmental Law and Policy

Comparative and Global Environmental Law and Policy

Author: Tseming Yang

Publisher: Aspen Publishing

Published: 2019-09-13

Total Pages: 1222

ISBN-13: 1543815189

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Written by leading scholars and experts with extensive practice and teaching experience in the field, Comparative and Global Environmental Law and Policy offers a student-friendly approach to the study of a rapidly evolving and important area of law. Its multi-jurisdictional selection of judicial opinions and legal materials introduces students to the worldwide reach of environmental law. Through its substance, the book familiarizes students not only with governing and emerging legal principles but also demonstrates how legal norms are applied to specific issues and contexts, illustrating how law-on-the-books becomes law-in-action. Student understanding is reinforced by problem exercises and discussion questions. Professors and students will benefit from: A multi-jurisdictional selection of environmental law cases and regulatory materials from across the world, with many cases from the developing world and emerging economies. Separate chapters on rapidly evolving and critical topics such as rights of nature, sustainability, corporations and private environmental governance, human rights and the environment, and climate change. Presentation of basic background principles of environmental law, institutions, and governance and their operation in international, national and subnational systems, including indigenous governance systems. Emphasis across the book on issues of institutions and governance as well as enforcement and effectiveness. Judicial opinions providing an authoritative articulation of how legal principles are applied in various systems. Numerous problem exercises and discussion questions to introduce topics and reinforce concepts and materials. Integrated perspective on the relationship of international and transnational environmental law, national environmental law, environmental norms and principles in other settings such as in private environmental governance, and governance institutions.


Book Synopsis Comparative and Global Environmental Law and Policy by : Tseming Yang

Download or read book Comparative and Global Environmental Law and Policy written by Tseming Yang and published by Aspen Publishing. This book was released on 2019-09-13 with total page 1222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by leading scholars and experts with extensive practice and teaching experience in the field, Comparative and Global Environmental Law and Policy offers a student-friendly approach to the study of a rapidly evolving and important area of law. Its multi-jurisdictional selection of judicial opinions and legal materials introduces students to the worldwide reach of environmental law. Through its substance, the book familiarizes students not only with governing and emerging legal principles but also demonstrates how legal norms are applied to specific issues and contexts, illustrating how law-on-the-books becomes law-in-action. Student understanding is reinforced by problem exercises and discussion questions. Professors and students will benefit from: A multi-jurisdictional selection of environmental law cases and regulatory materials from across the world, with many cases from the developing world and emerging economies. Separate chapters on rapidly evolving and critical topics such as rights of nature, sustainability, corporations and private environmental governance, human rights and the environment, and climate change. Presentation of basic background principles of environmental law, institutions, and governance and their operation in international, national and subnational systems, including indigenous governance systems. Emphasis across the book on issues of institutions and governance as well as enforcement and effectiveness. Judicial opinions providing an authoritative articulation of how legal principles are applied in various systems. Numerous problem exercises and discussion questions to introduce topics and reinforce concepts and materials. Integrated perspective on the relationship of international and transnational environmental law, national environmental law, environmental norms and principles in other settings such as in private environmental governance, and governance institutions.


Environmental Governance in India

Environmental Governance in India

Author: Prakash Chand Kandpal

Publisher: SAGE Publications Pvt. Limited

Published: 2019-01-17

Total Pages: 0

ISBN-13: 9789352807116

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This exhaustive and thorough book on environmental governance in India examines the multi-layered interaction between society and nature in the light of the role of the State, the Judiciary and Civil Society. Governance of the natural environment has, arguably, emerged as one of the most complex challenges faced by humanity. Consequently, environment has been increasingly incorporated in the agenda at all levels of governance, for both developed and developing countries. Environmental Governance in India: Issues and Challenges traces this environment–development discourse and addresses the limitations, obstacles and possibilities for equitable, just and sustainable development. A pioneering text focusing on the State as a vital factor in environmental and sustainability politics, this book not only reveals the conflicts, problems and dilemmas of urban environmentalism but also suggests a viable strategy to maintain a balance between ecology and equity. Key Features: • Issues of environment and governance written in a lucid and jargon-free language. • Urban environmentalism in India elucidated on the basis of an empirical study. • Exploration of social issues in environmental governance. • Environmental governance explained from both global and Indian perspectives.


Book Synopsis Environmental Governance in India by : Prakash Chand Kandpal

Download or read book Environmental Governance in India written by Prakash Chand Kandpal and published by SAGE Publications Pvt. Limited. This book was released on 2019-01-17 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This exhaustive and thorough book on environmental governance in India examines the multi-layered interaction between society and nature in the light of the role of the State, the Judiciary and Civil Society. Governance of the natural environment has, arguably, emerged as one of the most complex challenges faced by humanity. Consequently, environment has been increasingly incorporated in the agenda at all levels of governance, for both developed and developing countries. Environmental Governance in India: Issues and Challenges traces this environment–development discourse and addresses the limitations, obstacles and possibilities for equitable, just and sustainable development. A pioneering text focusing on the State as a vital factor in environmental and sustainability politics, this book not only reveals the conflicts, problems and dilemmas of urban environmentalism but also suggests a viable strategy to maintain a balance between ecology and equity. Key Features: • Issues of environment and governance written in a lucid and jargon-free language. • Urban environmentalism in India elucidated on the basis of an empirical study. • Exploration of social issues in environmental governance. • Environmental governance explained from both global and Indian perspectives.