Category Archives: International Environmental Law

Library Highlights: Environmental Law

The Global Environment: Institutions, Law, and Policy

edited by Regina S. Axelrod, Stacy D. VanDeveer, David Leonard Downie

K3585 .G58 2011

 

From the Publisher: The new edition of this award-winning volume reflects the latest events in the climate crisis while providing balanced coverage of the key institutions, issues, laws, and policies in global environmental politics. Chapter authors provide crucial historical context while synthesizing the latest scholarship for a student audience. In addition to three entirely new chapters, all of the es-says are written specifically for this volume— updated with new case material, maps, figures, exam-ples, and interpretations. Additionally,  an updated chronology of global environmental policy and an updated list of acronyms aid students in critical reading, as well as review and study.

Climate Change and Sustainable Development Law in a Nutshell

John R. Nolon, Patricia E. Salkin

KF3783 .N65 2011

 

From the Publisher: Policies regarding sustainable development and climate change management appeared on the world stage at the same time and should be studied and understood as a single body of law. This Nutshell enables readers to learn how the U.S. legal system fosters greenhouse gas reduction, energy conservation, and sustainable patterns of growth including energy efficient and sustainable buildings, the use of renewable energy resources, the protection of sequestering open space, and the adaptation of buildings and communities to sea level rise and natural disasters.

Agenda for a Sustainable America: The law Applying to Nuclear installations and Radioactive Substances in its Historic Context

edited by John C. Dernbach

HC79.E5 A358 2009

 

From the Publisher: This book is a comprehensive assessment of U.S. progress toward sustainable development and a roadmap of necessary next steps toward achieving a sustainable America. Packed with facts, figures, and the well-informed opinions of forty-one experts, it provides an illuminating “snapshot” of sustainability in the United States today. And each of the contributors suggests where we need to go next, recommending three to five specific actions that we should take during the next five to ten years. It thus offers a comprehensive agenda that citizens, corporations, nongovernmental organizations, and government leaders and policymakers can use to make decisions today and to plan for the future.

Sustainable development holds enormous promise for improving the quality of life for Americans over the coming decades. Agenda for a Sustainable America describes what we need to do to make the promise a reality. It assesses trends in twenty-eight separate areas of American life—including forestry; transportation; oceans and estuaries; religion; and state, local, and national governance. In every area, contributors reveal what sustainable development could mean, with suggestions that are specific, desirable, and achievable. Their expert recommendations point the way toward greater economic and social well-being, increased security, and environmental protection and restoration for current and future generations of Americans. Together they build a convincing case for how sustainable development can improve our opportunities and our lives.

Climate Change and the Law

Chris Wold, David Hunter, Melissa Powers

K3593 .W65 2009

 

From the Publisher: This new book comprehensively assesses the law and science of climate change, as well as the policy choices for responding to this global problem. Given the all-encompassing reach of climate change, Climate Change and the Law allows students to study how the many different areas of law–public international law, public administrative law, federal environmental law, state and municipal regulations, and the common law–can be implicated in addressing a major social issue. This text-book thus provides students with an integrated experience to study law and an understanding of the many climate-related challenges facing the next generation of lawyers. The book begins by exploring the international climate change regime, including a detailed investigation of emissions trading and the controversial regime for reducing greenhouse gas emissions through land use and forest management practices. It also explores options for a future international agreement in light of calls to reduce emissions by as much as 80 percent.

Nuclear Law: The Law Applying to Nuclear Installations and Radioactive Substances in its Historic Context

Stephen Tromans

KD3497 .T76 2010

 

From the Publisher: This book is a practical guide to the international, EC and UK law applying to the various uses of nuclear energy and radioactive substances. The first edition was produced in 1997, and given the renaissance of interest in nuclear power in the UK and worldwide, this new, updated and much expanded edition is timely. It will cover the law relating to the permitting and operation of nu-clear power stations, the decommissioning and clean-up of former nuclear facilities, radiological protection, the management of radioactive waste and spent fuel, liability and insurance, and the security and transport of radioactive materials. Readers will find a clear framework explaining the development and application of nuclear law, and how domestic law is based on and influenced by international and European requirements and by its historical context. In the commercial context, the chapters dealing specifically with new build and with decommissioning will be vital reading.

A Substantive Environmental Right: An Examination of the Legal Obligations of Decision-makers Towards the Environment

Stephen J. Turner

K3585 .T87 2009

 

From the Publisher: Accute global awareness of environmental degradation seems at last to have created a consensus that environmental obligations should be imposed on decision-makers, whether state or non-state actors. However, although substantive environmental rights have been developed to a limited degree, there is as yet no international treaty or agreement that provides a globally accepted substantive human right to a good or clean and healthy environment.

This impressive book proposes such a right. In unprecedented depth, the author probes the legal obligations of decision-makers within states, companies, multilateral development banks and the World Trade Organization and develops a sound substantive human right that creates duties, both nationally and internationally, by which all decision-makers are legally bound to follow specific rules and procedures that would prevent or limit environmental degradation stemming from their decisions. Among the major issues dealt with in the course of the presentation are the following: determination of an equitable form of compensation where less environmentally-degrading alternatives are not viable; anthropocentric approach vs. intrinsic rights for all ecosystems and natural systems; problems of fixing qualitative standards; problems arising from the differing economic capacities of states; the extent to which state constitutional provisions relating to the environment can direct and constrain legislators and policymakers; effectiveness of responses to pressure upon multinational enterprises to take the environment into consideration in their decision-making processes; intergenerational equity; protection of indigenous and vulnerable communities; and public participation in the environmental impact assessment process.

Advertisements

Library Highlights: Environmental Law

The Art and Craft of International Environmental Law

Daniel Bodansky

K3585 .B63 2010

From the Publisher: International environmental law is often closer to home than we know, affecting the food we eat, the products we buy, and even the air we breathe. Drawing on more than two decades of experience as a government negotiator, consultant, and academic, Daniel Bodansky brings a real-world perspective on the processes by which international environmental law develops, and influences the behavior of state and non-state actors. In self-contained chapters that offer a clear guide to a complex field, Bodansky answers fundamental questions about how international environmental law works. What role can law play in addressing global environmental challenges such as climate change, ozone depletion, and loss of biodiversity? How do environmental problems come onto the international agenda? What are the obstacles to international cooperation, and what can international environmental law do to address them? How do international rules develop? How are they put into practice and what makes them effective?

Taking Back Eden: Eight Environmental Cases that Changed the World

Oliver A. Houck

K3585 .H68 2010

From the Publisher: Taking Back Eden is the gripping tale of an idea—that ordinary people have the right to go to court to defend their environment—told through the stories of lawsuits brought in eight countries around the world. Starting in the United States in the l960’s, this idea is now traveling the planet, with impacts not just on imperiled environments but on systems of justice and democracy. It has brought people back into the question of governing the quality of their lives. [The author] describes the sites under contention in their place and time, the people who rose up, their lawyers, strategies, obstacles, setbacks and victories. Written for general readers, students, and lawyers alike, [this book] tells the stories of a lone fisherman intent on protecting the Hudson River, a Philippine lawyer boarding illegal logging ships from the air, the Cree Indian Nation battling for its hunting grounds, and a civil rights attorney who set out to save the Taj Mahal… .

Should Trees have Standing?: Law, Morality, and the Environment

Christopher D. Stone

KF5505 .S86 2010

From the Publisher: Originally published in 1972, Should Trees Have Standing? was a rallying point for the then burgeoning environmental movement, launching a worldwide debate on the basic nature of legal rights that reached the U.S. Supreme Court. [This new edition] updates Stone’s original thesis and explores the impact his ideas have had on the courts, the academy, and society as a whole. At the heart of the book is an eminently sensible, legally sound, and compelling argument that the environment should be granted legal rights. For the new edition, Stone explores a variety of recent cases and current events–and related topics such as climate change and protecting the oceans–providing a thoughtful survey of the past and an insightful glimpse at the future of the environmental movement. This enduring work continues to serve as the definitive statement as to why trees, oceans, animals, and the environment as a whole should be bestowed with legal rights, so that the voiceless elements in nature are protected for future generations.

The Clean Water Act and the Constitution: Legal Structure and the Public’s Right to a Clean and Healthy Environment

Robin Kundis Craig

KF3790 .C73 2009

From the Publisher: Robin Kundis Craig explores the structural implications for water quality regulation when the primary federal statute for regulating water quality—the Clean Water Act—operates in a context complicated by a variety of constitutional requirements and dictates. After examining the Supremacy Clause, constitutional interstate common law, federal sovereign immunity, the Commerce Clause, the Fifth Amendment’s “taking” clause, the Eleventh Amendment, and the separation of powers principles, Craig concludes that constitutional law has had a more significant effect on the Act’s intent to involve citizens in public interest enforcement than on the Act’s basic structure of “cooperative federalism.” This second edition thoroughly updates the first edition, particularly in areas where the Supreme Court has issued significant new decisions. Craig argues that environmental constitutional jurisprudence may have progressed to the point where the structure of the Constitution impedes necessary solutions to pressing environmental issues. She concludes by proposing a structural amendment to the Constitution that would restore Congress’s vision of citizen participation in environmental law.

Regulation, Enforcement and Governance in Environmental Law

Richard Macrory

KJE6242 .M33 2010

From the Publisher: Laws concerning environmental protection have a long history in the UK, but the last thirty years have seen unprecedented development in both the substantive body of environmental legislation and in thinking about underlying principles and institutional arrangements. The materials in this book, based on some of Richard Macrory’s most significant writings, demonstrate how far environmental law has come in less than a generation, focussing in particular on the major themes of regulation, institutional arrangements, and enforcement which underlie the substantive detail of the law. Whilst acknowledging the growing importance of public international law relating to the environment, the book is largely concerned with UK and EC law, though many of the core themes have much wider relevance…

Environmental Water Markets: Restoring Streams through Trade

Brandon Scarborough

HD9718.5.W362 S334 2010

From the Publisher: Western water law is a bit peculiar. It provides limited usage rights to parties who have legal claims on water. Most of the rules date to the settlement of the western United States in the nineteenth century. The traditional rules, which were codified by state legislatures, worked well in an agricultural economy. But, as changes in values evolved, some limits inherent in the prior appropriation doctrine have become apparent. It was, and still can be, difficult to change the use of water from its historic designation to one with greater value. Such is the case for restoring instream flows through water markets. Societies with strong property rights allow parties to protect their property, develop it, trade it, or give it away. They enjoy greater prosperity and freedom than societies that impose many restrictions on property or suffer from a lack of clarity in rules. As Brandon Scarborough explains in this Policy Series, restrictions in water rights and uncertainty about how particular water trades can be affected limited the ability of parties to voluntarily use water for environmental benefits. As often happens when the rules are unclear, people make do and struggle to create new arrangements that allow resources to move to higher-valued uses. Water rights have evolved in recent years as parties express desires to sell, lease, or give water for environmental or recreational purposes. Legal entrepreneurs plowed new ground. Some states have assisted in the move to expanded water rights, others have been less supportive. This Policy Series provides guidance for improving the legal environment for parties who wish to engage in the beneficial exchange of water rights.

Global Legal Studies — Recent Acquisitions

Agriculture and EU Environmental Law
Brian Jack
KJE6605 .J33 2009
ThomCat | Amazon.com

Arbitration Rules–International Institutions: Guides to International Arbitration
edited by Loukas Mistelis, Laurence Shore, Stavros Brekoulakis
K2400 .A731 2010
ThomCat

Global Competition: Law, Markets, and Globalization

David J. Gerber
K3850 .G47 2010
ThomCat | Amazon.com

International Human Rights and Indigenous Peoples
S. James Anaya
K3247 .A5 2009
ThomCat | Amazon.com

Manual on International Courts and Tribunals
Ruth Mackenzie, Cesare P.R. Romano, Yuval Shany; with Philippe Sands
KZ6250 .M36 2010
ThomCat | Amazon.com

Nuclear Law: The Law Applying to Nuclear Installations and Radioactive Substances in its Historic Context
Stephen Tromans
KD3497 .T76 2010 (New Book Shelf)
ThomCat | Amazon.com

Rejecting the EU Constitution?: From the Constitutional Treaty to the Treaty of Lisbon
edited by Anca M. Pusca
KJE4443.32007 .R45 2009
ThomCat | Amazon.com