Research handbook on fundamental concepts of environmental law / [edited by] Douglas Fisher.

Format:

Book

Contributor:

Fisher, D. E. (Douglas Edgar), 1941- editor.

Series:

Research handbooks in environmental law

Language:

English

Subjects (All):

Environmental law.

Genre:

Electronic books.

Physical Description:

1 online resource.

Place of Publication:

Cheltenham, UK ; Northampton, MA : Edward Elgar Pub., c2016.

System Details:

text file

Summary:

The quality and the strength of an environmental legal system is a reflection of the conceptual foundations upon which it is constructed. The Research Handbook on Fundamental Concepts of Environmental Law illuminates key aspects of environmental governance through the lens of their underlying dimensions: for example, the form, structure and language of international, regional and national instruments; the function of norms, objectives and standards; and the relevance of economic analysis and of integrated policy formulation. The topical chapters in this timely Handbook include analyses of human rights, constitutional rights, property rights, sustainable development, environmental impact assessment and precaution. Perceptive contributions examine the emerging roles played by various concepts, values and objectives in environmental governance. The nature of these emerging concepts and their relationship with traditional rights and duties, which are typically reactive in nature, is of particular significance. The concepts examined go to the heart of environmental law: the capacity of a system of environmental governance to be judicially recognized and enforced. This insightful Handbook will be a valuable resource for all students and researchers in environmental law and governance. It will be essential reading for policymakers, legal drafters and anyone needing to understand the foundations of the modern environmental legal system.-- Provided by publisher.

Contents:

Part I the overarching framework for environmental governance

1. The jurisprudential structure of environmental law / Douglas Fisher

2. A normative approach to environmental governance: sustainability at the apex of environmental law / Klaus Bosselmann

3. From protection to restoration: a challenge for environmental governance / Afshin Akhtar-Khavari and Anastasia Telesetsky

4. Transnational environmental law: the birth of a contemporary analytical perspective / Louis Kotze and Caiphas Soyapi

5. Economic approaches to environmental governance: a principled analysis / Michael Faure

6. Human rights and the environment: a tale of ambivalence and hope / Anna Grear

7. A constitutional human right to a healthy environment / Nicholas Bryner

8. Rights of nature: a constructive analysis / Peter Burdon and Claire Williams

Part II the developing international environmental law regime

9. The development of international environmental law by the international court of justice / Tim Stephens

10. The structure, form and language of international environmental norms

from absolute to relative normativity / Niko Soininen

11. The growing significance of the principle of sustainable development as a legal norm / Jonathan Verschuuren

12. The concept of the common heritage of mankind / Prue Taylor

Part III conceptual approaches to the achievement of environmental goals

13. Environmental policy integration: the importance of balance and trade-offs / Jorgen Knudsen and William Lafferty

14. The role played by policy objectives in environmental law / Chris McGrath

15. The functions of rights of property in environmental law / David Grinlinton

16. Environmental impact assessment: 'Setting the law ablaze' / Elizabeth Fisher

17. The precautionary principle in environmental governance / Annecoos Wiersema

18. The judicial development of ecologically sustainable development / Brian Preston.

Notes:

Access for three concurrent users only.

Contributors include: A. Akhtar-Khavari, K. Bosselmann, N. Bryner, P. Burdon, M. Faure, D. Fisher, E. Fisher, A. Grear, D. Grinlinton, J.K. Knudsen, L. Kotze, W.M. Lafferty, C. McGrath, B.J. Preston, N. Soininen, C. Soyapi, T. Stephens, P. Taylor, A. Telesesky, J. Verschuuren, A. Wiersema, C. Williams.

Includes bibliographical references and index.

Description based on print record.

Other Format:

Print version:

ISBN:

9781784714659

1784714658

OCLC:

964644542

Access Restriction:

Restricted for use by site license. Access for three concurrent users only.