The Constitution of the Environmental Emergency

Law › Environmental / Energy Law

The Constitution of the Environmental Emergency

By Jocelyn Stacey
Hart Publishing September 2020

Specifications

ISBN-13
9781509940271
Publisher
Hart Publishing
Publication
September 2020
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

This book argues for a reframing of environmental law. It starts from the premise that all environmental issues constitute a state of emergency.

Taking that position ensures that the question of how the environment can be governed through law is confronted. States of emergency pose fundamental challenges to law as they are unforeseeable, as are the responses to them, which undermines traditional models of governance.

This book argues that to counter this, public justification must become a central tenet of environmental law. This reframes the debates in environmental law around the question of why law is being used in the environmental context.

Controversial, compelling and above all timely, this book presents an important new perspective on environmental law.

Table of Contents

Introduction
I. Methodology, Terminology and Context
II. Outline of the Book
Part I: The Environmental Emergency
1. The Concept of the Environmental Emergency
I. The Environmental Emergency
II. Failing Schmitt's Challenge
III. The Formal Conception of the Rule of Law
IV. Conclusion
2. Environmental Reform: The Problem of Discretion in Environmental Law
I. The Environmental Reform Position
II. Black and Grey Holes in Canadian Environmental Law
III. Impoverished Environmental Reform Solutions
IV. Conclusion
3. Environmental Governance: The Problem of Law in Environmental Law
I. Old and New Governance
II. Three Examples of Environmental Governance
III. Reclaiming the Rule of Law
IV. Conclusion
Part II: Responding to the Environmental Emergency
4. The Requirement of Public Justification
I. Responding to Schmitt's Challenge
II. Public Justification: A Democratic Conception of the Rule of Law
III. Conclusion
5. Institutional Design: Reforming Forest Practices
I. The Institutional Dimensions of Public Justification
II. The Forest Practices Board and the Mountain Pine Beetle Response
III. The Forest Practices Board and Its Governance Response
IV. Conclusion
6. Pipelines and Principles: Reasonableness and Fairness in Environmental Law
I. The Pipelines, the NEB and Their Problems
II. In Defence of Environmental Principles
III. Publicly Justifying the Pipelines 7
IV. Conclusion
7. Reasoning Adequately: Wind Turbine Risks and Benefits
I. The Confluence of Environmental Factors in Wind Turbine Development
II. The Method and Purpose of Reasonableness
III. Reasoning Adequately about Wind Turbine Approvals
IV. Conclusion
8. The Rule of Law and the Right to a Healthy Environment
I. The Case for a Charter Right to a Healthy Environment
II. Environmental Protection and Section 7 Adjudication
III. Common Law Constitutional Rights Adjudication
IV. Conclusion
HKD 529.49 −3%
HKD 545.87

Inclusive of HK delivery

Ready to ship
Delivery Time: around 4 weeks
Extra 10 working days if shipping address outside Hong Kong
  • Free HK shipping over HK$1,000
  • International shipping to 35+ countries
Order Form
Save

Recommended

You may also be interested in these books:

More titles from Environmental / Energy Law

View all
Notification concerning Planned Measures on Shared Watercourses: Synergies between the Watercourses Convention and the World Bank Policies and Practice
Brill Academic Publishers

Notification concerning Planned Measures on Shared Watercourses: Synergies between the Watercourses Convention and the World Bank Policies and Practice

Salman M.A. Salman
HKD 1,037.40
The Legal Aspects of Implementing the Cartagena Protocol on Biosafety: Biosafety Becomes Binding
Cambridge University Press

The Legal Aspects of Implementing the Cartagena Protocol on Biosafety: Biosafety Becomes Binding

Marie-Claire Cordonier Segger; Frederic Perron-Welch; Christine Frison
HKD 643.11
Environmental Assessment as a Tool for Climate Change Mitigation
Oxford University Press

Environmental Assessment as a Tool for Climate Change Mitigation

Benoit Mayer
HKD 1,324.05
GreenTech Patenting in Europe: A Practical Guide to Drafting, Filing and Litigating New
Edward Elgar Publishing

GreenTech Patenting in Europe: A Practical Guide to Drafting, Filing and Litigating

Christian Koester
HKD 718.77
Brazilian Midstream and Downstream Oil and Gas
Globe Law and Business

Brazilian Midstream and Downstream Oil and Gas

Eduardo G Pereira
HKD 1,702.35
Climate Change Impacts on Ocean and Coastal Law
Oxford University Press USA

Climate Change Impacts on Ocean and Coastal Law

Randall S. Abate
HKD 1,765.40