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Research Handbook on Fundamental Concepts of Environmental Law 2nd ed


ISBN13: 9781839108310
Previous Edition ISBN: 9781784714642
Published: November 2022
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £224.00



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This expanded and updated Research Handbook delivers an authoritative and in-depth guide to the conceptual foundations of environmental law. It offers a nuanced reflection on the underlying principles by exploring issues such as human rights, constitutional rights, sustainable development, and environmental impact assessment within the context of environmental law.

Perceptive contributions examine the emerging roles played by a range of 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. New and revised chapters thoroughly examine the concepts at the heart of environmental law including sustainability, protection, and climate change law. This second edition further illuminates key aspects of environmental governance through the lens of their underlying dimensions: 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.

This discerning new edition will be an ideal read for all students and researchers in environmental law and governance. Furthermore, it will be essential reading and a valuable resource for policymakers, legal drafters and those wanting to understand the foundations of the modern environmental legal system.

Subjects:
Environmental Law
Contents:
PART I. INTRODUCTION
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
Caiphas B. Soyapi and Louis Kotzé
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 critique
Peter Burdon and Claire Williams
PART II. THE DEVELOPING INTERNATIONAL LAW REGIME
9. The development of international environmental law by the International Court of Justice
Tim Stephens
10. The relative normativity of international environmental law
Niko Soininen and Seita Romppanen
11. 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
Jørgen K. Knudsen and William M. 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 status of environmental principles in environmental law
Eloise Scotford
19. The conceptual foundations of climate change law
Benoit Mayer
20. The judicial development of ecologically sustainable development
Brian J. Preston

Index