Risk, Resilience, Inequality and Environmental Law


Book Description

This insightful book considers how the law has adapted to the environmental challenges of the 21st Century and the ways in which it might be used to cope with environmental risks and uncertainties whilst promoting resilience and greater equality. These issues are considered in social context by contributors from different disciplines who examine some of the experiments tried in different parts of the world to govern the environment, improve the available legal tools and give voice to more diverse groups.




The New Environmental Governance


Book Description

A bold and profoundly new way of governing environmental problems is palpable around the globe and aims to overcome the limitations of the interventionist state and its market alternative to offer more effective and legitimate solutions to today's most pressing environmental problems. The 'new environmental governance' (NEG) emphasises a host of novel characteristics including participation, collaboration, deliberation, learning and adaptation and 'new' forms of accountability. While these unique features have generated significant praise from legal and governance scholars, there have been very few systematic evaluations of NEG in practice, and it is still unclear whether NEG will in fact 'work', and if so, when and how. This book offers one of the most rigorous research investigations into cutting edge trends in environmental governance to date. Focusing its inquiry around some of the most central, controversial and/or under researched characteristics of NEG, the book offers fresh insights into the conditions under which we can best achieve successful collaboration, effective learning and adaptation, meaningful participatory and deliberative governance and effective forms of accountability. The book synthesizes its findings to identify seven key pillars of 'good' NEG that are central to its success and will provide useful guidance for policymakers and scholars seeking to apply new governance to a wide range of environmental and non-environmental policy contexts. The book also advances our understanding of State governance and will be a valuable reference for scholars, researchers and students working in law and regulation studies - especially in the field of environmental law.




Communities in Action


Book Description

In the United States, some populations suffer from far greater disparities in health than others. Those disparities are caused not only by fundamental differences in health status across segments of the population, but also because of inequities in factors that impact health status, so-called determinants of health. Only part of an individual's health status depends on his or her behavior and choice; community-wide problems like poverty, unemployment, poor education, inadequate housing, poor public transportation, interpersonal violence, and decaying neighborhoods also contribute to health inequities, as well as the historic and ongoing interplay of structures, policies, and norms that shape lives. When these factors are not optimal in a community, it does not mean they are intractable: such inequities can be mitigated by social policies that can shape health in powerful ways. Communities in Action: Pathways to Health Equity seeks to delineate the causes of and the solutions to health inequities in the United States. This report focuses on what communities can do to promote health equity, what actions are needed by the many and varied stakeholders that are part of communities or support them, as well as the root causes and structural barriers that need to be overcome.




U.S. Health in International Perspective


Book Description

The United States is among the wealthiest nations in the world, but it is far from the healthiest. Although life expectancy and survival rates in the United States have improved dramatically over the past century, Americans live shorter lives and experience more injuries and illnesses than people in other high-income countries. The U.S. health disadvantage cannot be attributed solely to the adverse health status of racial or ethnic minorities or poor people: even highly advantaged Americans are in worse health than their counterparts in other, "peer" countries. In light of the new and growing evidence about the U.S. health disadvantage, the National Institutes of Health asked the National Research Council (NRC) and the Institute of Medicine (IOM) to convene a panel of experts to study the issue. The Panel on Understanding Cross-National Health Differences Among High-Income Countries examined whether the U.S. health disadvantage exists across the life span, considered potential explanations, and assessed the larger implications of the findings. U.S. Health in International Perspective presents detailed evidence on the issue, explores the possible explanations for the shorter and less healthy lives of Americans than those of people in comparable countries, and recommends actions by both government and nongovernment agencies and organizations to address the U.S. health disadvantage.




The Transformation of Environmental Law and Governance


Book Description

This cutting-edge book considers the functional inseparability of risk and innovation within the context of environmental law and governance. Analysing both ‘hard’ and ‘soft’ innovation, the book argues that approaches to socio-ecological risk require innovation in order for society and the environment to become more resilient.




Climate Change Liability


Book Description

As frustration mounts in some quarters at the perceived inadequacy or speed of international action on climate change, and as the likelihood of significant impacts grows, the focus is increasingly turning to liability for climate change damage. Actual or potential climate change liability implicates a growing range of actors, including governments, industry, businesses, non-governmental organisations, individuals and legal practitioners. Climate Change Liability provides an objective, rigorous and accessible overview of the existing law and the direction it might take in seventeen developed and developing countries and the European Union. In some jurisdictions, the applicable law is less developed and less the subject of current debate. In others, actions for various kinds of climate change liability have already been brought, including high profile cases such as Massachusetts v. EPA in the United States. Each chapter explores the potential for and barriers to climate change liability in private and public law.




Research Handbook on Law, Governance and Planetary Boundaries


Book Description

This comprehensive Research Handbook is the first study to link law and Earth system science through the epistemic lens of the planetary boundaries framework. It critically examines the legal and governance aspects of the framework, considering not only each planetary boundary, but also a range of systemic issues, including the ability of law to keep us within the planetary boundaries’ safe operating space.







Regulation of Risk


Book Description

Regulation of Risk provides comprehensive insight into regulation of risk in transport, trade and environment. Contributions provide national, regional and international perspectives on pressing questions: How is risk conceived in light of novel technological deployment, climate change, political upheaval, evolving geopolitics, and the COVID-19 pandemic? What legal tools such as contractual frameworks and governance structures are available to manage the changing landscape of risk? This book highlights the importance of dialogue and collaborative decision-making on risk between policymakers, institutions, societal stakeholders and the scientific community.




Law, Policy and Climate Change


Book Description

Focusing on systemic risks caused by climate change, this book examines how these risks can be effectively regulated to ensure resilience and avoid catastrophe. Systemic risks are risks that threaten the systems upon which society depends, including ecosystems, social systems, financial systems, and systems of infrastructure. Such risks are typically characterised by inherent complexity, profound uncertainty, and overwhelming ambiguity. In combination, these features pose significant regulatory challenges for policy and law-makers. Examining how different types of systemic risks caused by climate change are being regulated in four different jurisdictions – the EU, the UK, the US and Australia – this book identifies deficiencies associated with regulating systemic risks using a traditional approach, based on a linear relationship between risk and regulation, which is widely used to regulate risk. The book advances a regulatory approach that is, instead, founded on the concept of "risk governance". This involves a structured yet flexible, holistic, interdisciplinary and inclusive basis for responding to systemic risks; and it is, this book argues, a more effective basis for regulating systemic risks given their uncertainty, complexity and ambiguity. This book will appeal to academics, policy and law-makers and practitioners working at the intersection of law and policy in the areas of regulation, risk management and climate change.