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Research Handbook on Fundamental Concepts of Environmental Law

✍ Scribed by Douglas Fisher


Publisher
Edward Elgar Publishing
Year
2022
Tongue
English
Leaves
487
Category
Library

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✦ Synopsis


This expanded and updated Research Handbook delivers an authoritative and in-depth guide to the conceptual foundations of environmental law. It offers a nuanced reflection on the underlying principles by exploring issues such as human rights, constitutional rights, sustainable development and environmental impact assessment within the context of environmental law. Perceptive contributions examine the emerging roles played by a range of 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. New and revised chapters thoroughly examine the concepts at the heart of environmental law including sustainability, protection and climate change law. This second edition further illuminates key aspects of environmental governance through the lens of their underlying dimensions: 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. This discerning new edition will be an ideal read for all students and researchers in environmental law and governance. Furthermore, it will be essential reading and a valuable resource for policymakers, legal drafters and those wanting to understand the foundations of the modern environmental legal system.

✦ Table of Contents


Front Matter
Copyright
Contents
Contributors
Part I Introduction
1. The jurisprudential structure of environmental law
2. A normative approach to environmental governance: sustainability at the apex of environmental law
3. From protection to restoration: a challenge for environmental governance
4. Transnational environmental law: the birth of a contemporary analytical perspective
5. Economic approaches to environmental governance: a principled analysis
6. Human rights and the environment: a tale of ambivalence and hope
7. A constitutional human right to a healthy environment
8. Rights of nature: a critique
Part II The developing international law regime
9. The development of international environmental law by the International Court of Justice
10. The relative normativity of international environmental law
11. The principle of sustainable development as a legal norm
12. The concept of the common heritage of mankind
Part III Conceptual approaches to the achievement of environmental goals
13. Environmental policy integration: the importance of balance and trade-offs
14. The role played by policy objectives in environmental law
15. The functions of rights of property in environmental law
16. Environmental impact assessment: β€˜setting the law ablaze’
17. The precautionary principle in environmental governance
18. The status of environmental principles in environmental law
19. The conceptual foundations of climate change law
20. The judicial development of ecologically sustainable development
Index


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