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The Future of Environmental Law: Ambition and Reality

The Future of Environmental Law: Ambition and Reality

Author: Stefan E. Weishaar; Kars J. de Graaf
Publisher: Edward Elgar Publishing
ISBN: 9781035358304

Published In: January 2025
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781035314638

List Price: RM245.35

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Description
Contents

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Environmental law is evolving from negotiating and prescribing environmental policies to enforcing time-bound, measurable and achievable goals in order to secure a sustainable future. This pertinent and thought-provoking book analyses the legal instruments that have been successful in working towards requisite targets for ecological sustainability.

Featuring contributions from leading scholars, this insightful book discusses the future challenges and innovative applications of environmental law to assist in achieving sustainability goals in an efficient and timely manner. Chapters focus on topics such as the role of international environmental law in the interpretation of human rights, the legal dimension of sustainability, and the proliferation of offshore renewable energy in European seas. The book concludes by analysing some key international case studies, including the issue of salinization from a legal perspective in the Netherlands, and the relevance of groundwater for the development of the Brazilian semiarid region.

Providing a comparative environmental law outlook which is both ambitious and realistic, this book will be essential reading for students, scholars, and researchers in environmental law, public international law, responsible consumption, and sustainable cities and communities. This book will also be of interest to policy makers and government officials working towards the sustainable development goals.

1. Introduction to The Future of Environmental Law 1

Kars J. de Graaf and Stefan E. Weishaar

PART I. THE PROFOUND ROLE OF INTERNATIONAL LAW

2. Governing the ocean in the Anthropocene era: area-based management as a tool to promote the socialisation of the law of the sea 14

Vonintsoa Rafaly

3. An insufficient tool for sustainable development: limitations of systemic integration under Article 31(3)(c)

of the Vienna Convention on the Law of Treaties 30

Kazuki Hagiwara

4. The role of principles of international environmental law in greening the interpretation of human rights: the case of the UN Committee on Economic, Social and Cultural Rights 49

Megan Donald

PART II. LEGAL PERSPECTIVES ON SUSTAINABILITY

5. The legal dimension of sustainability 66

José Juan González Márquez

6. Sustainable management: political slogan or legal norm? 85

Trevor Daya-Winterbottom

7. In doubt when in favour of nature? Taking science seriously in the Anthropocene epoch 104

Mariana Coelho and Patryck Ayala

8. The principle of reparation: why the polluter-pays principle does not suffice and how to rebuild the law on environmental damage 121

Heloísa Oliveira

PART III. ENERGY

Renewables under the scrutiny of international investment law: the feed-in tariff 141