Research handbook on fundamental concepts of environmental law / edited by Douglas Fisher, emeritus Professor, Queensland University of Technology, Australia.
2016
K3585 .R473 2016 (Map It)
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Author
Title
Research handbook on fundamental concepts of environmental law / edited by Douglas Fisher, emeritus Professor, Queensland University of Technology, Australia.
Published
Cheltenham, UK ; Northampton, Massachusetts : Edward Elgar Publishing, 2016.
Copyright
©2016
Call Number
K3585 .R473 2016
ISBN
9781784714642 (hardback)
178471464X (hardback)
178471464X (hardback)
Description
xiii, 546 pages ; 24 cm.
System Control No.
(OCoLC)954226988
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.
Note
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.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Table of Contents
List of contributors
ix
pt. 1
OVERARCHING FRAMEWORK FOR ENVIRONMENTAL GOVERNANCE
1.
jurisprudential structure of environmental law / Douglas Fisher
3
2.
normative approach to environmental governance: sustainability at the apex of environmental law / Klaus Bosselmann
22
3.
From protection to restoration: a challenge for environmental governance / Anastasia Telesetsky
50
4.
Transnational environmental law: the birth of a contemporary analytical perspective / Caiphas Soyapi
82
5.
Economic approaches to environmental governance: a principled analysis / Michael Faure
111
6.
Human rights and the environment: a tale of ambivalence and hope / Anna Grear
146
7.
constitutional human right to a healthy environment / Nicholas Bryner
168
8.
Rights of nature: a constructive analysis / Claire Williams
196
pt. 2
DEVELOPING INTERNATIONAL ENVIRONMENTAL LAW REGIME
9.
development of international environmental law by the International Court of Justice / Tim Stephens
221
10.
structure, form and language of international environmental norms --- from absolute to relative normativity / Niko Soininen
248
11.
growing significance of the principle of sustainable development as a legal norm / Jonathan Verschuuren
276
12.
concept of the common heritage of mankind / Prue Taylor
306
pt. 3
CONCEPTUAL APPROACHES TO THE ACHIEVEMENT OF ENVIRONMENTAL GOALS
13.
Environmental policy integration: the importance of balance and trade-offs / William M. Lafferty
337
14.
role played by policy objectives in environmental law / Chris McGrath
369
15.
functions of rights of property in environmental law / David Grinlinton
391
16.
Environmental impact assessment: `setting the law ablaze' / Elizabeth Fisher
422
17.
precautionary principle in environmental governance / Annecoos Wiersema
449
18.
judicial development of ecologically sustainable development / Brian J. Preston
475
Index
525