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Vol 22 No 10 Oct/Nov 2017

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Lindley & Banks on Partnership

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

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ISBN13: 9789041128157
Published: December 2008
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £104.00



Despatched in 11 to 13 days.

Acute 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.

The annex provides the author’s draft accord between states for the development and realization of a substantive environmental right.

This is the first book to formulate a full-fledged international legal right ensuring that all peoples could enjoy an environment, in which all ecosystems and natural systems are protected, and to demonstrate how such a right could be instituted and work in practice. As such it not only represents a major contribution to our knowledge and significantly enhances our understanding of the issues examined, but also brilliantly exposes the obstacles blocking environmental progress and powerfully clarifies the way ahead. It will be of immeasurable value to anyone committed to turning back the tide of environmental degradation.

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Subjects:
Environmental Law

Series: Energy and Environmental Law and Policy Series

The Development of a Comprehensive Legal Framework for the Promotion of Offshore Wind Power ISBN 9789041183972
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Kluwer Law International
£118.00
The Instrumentalisation of Property: Legal Interests in the EU Emissions Trading System ISBN 9789041154200
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International Energy Investment Law: Stability Through Contractual Clauses ISBN 9789041134110
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Compensating Catastrophe Victims: A Comparative Law and Economics Approach ISBN 9789041132635
Published October 2010
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£112.00
Maritime Pollution Liability and Policy: China, Europe and the U.S. ISBN 9789041128690
Published October 2010
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The Role of the Judiciary in Environmental Governance: Comparative Perspectives ISBN 9789041127082
Published May 2009
Kluwer Law International
£110.00
Legal Systems and Wind Energy: A Comparative Perspective ISBN 9789041128317
Published March 2009
Kluwer Law International
£106.00