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Research Handbook on Fundamental Concepts of Environmental Law

Research Handbook on Fundamental Concepts of Environmental Law

Author: Douglas Fisher
Publisher: Edward Elgar Publishing
ISBN: 9781784714642
Published In: November 2016
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

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

Index