Ecological Restoration in International Environmental Law


Book Description

Human activities are depleting ecosystems at an unprecedented rate. In spite of nature conservation efforts worldwide, many ecosystems including those critical for human well-being have been damaged or destroyed. States and citizens need a new vision of how humans can reconnect with the natural environment. With its focus on the long-term holistic recovery of ecosystems, ecological restoration has received increasing attention in the past decade from both scientists and policymakers. Research on the implications of ecological restoration for the law and law for ecological restoration has been largely overlooked. This is the first published book to examine comprehensively the relationship between international environmental law and ecological restoration. While international environmental law (IEL) has developed significantly as a discipline over the past four decades, this book enquires whether IEL can now assist states in making a strategic transition from not just protecting and maintaining the natural environment but also actively restoring it. Arguing that states have international duties to restore, this book offers reflections on the philosophical context of ecological restoration and the legal content of a duty to restore from an international law, European Union law and national law perspective. The book concludes with a discussion of several contemporary themes of interest to both lawyers and ecologists including the role of private actors, protected areas and climate change in ecological restoration.




Ecological Restoration Law


Book Description

Ecological restoration is as essential as sustainable development for the health of the biosphere. Restoration, however, has been a low priority of most countries' environmental laws, which tend to focus narrowly on rehabilitation of small, discrete sites rather than the more ambitious recovery of entire ecosystems and landscapes. Through critical theoretical perspectives and topical case studies, this book's diverse contributors explore a more ambitious agenda for ecological restoration law. Not only do they investigate current laws and other governance mechanisms; they also consider the philosophical and methodological bases for the law to take ecological restoration more seriously. Through exploration of themes relating to time, space, geography, semiotics, social justice, and scientific knowledge, this book offers innovative and critical insights into ecological restoration law.




From Environmental to Ecological Law


Book Description

This book increases the visibility, clarity and understanding of ecological law. Ecological law is emerging as a field of law founded on systems thinking and the need to integrate ecological limits, such as planetary boundaries, into law. Presenting new thinking in the field, this book focuses on problem areas of contemporary law including environmental law, property law, trusts, legal theory and First Nations law and explains how ecological law provides solutions. Written by ecological law experts, it does this by 1) providing an overview of shortcomings of environmental law and other areas of contemporary law, 2) presenting specific examples of these shortcomings, 3) explaining what ecological law is and how it provides solutions to the shortcomings of contemporary law, and 4) showing how society can overcome some key challenges in the transition to ecological law. Drawing on a diverse range of case study examples including Indigenous law, ecological restoration and mining, this volume will be of great interest to students, scholars and policymakers of environmental and ecological law and governance, political science, environmental ethics and ecological and degrowth economics.




The Book on Restoration Collections


Book Description

"The Restoration Lawyer" Ed Cross has been collecting money for restorers across the United States since 1997, representing everything from small sole proprietorships to the biggest names in the restoration industry. He has recovered many tens of millions of dollars for restoration services, often avoiding litigation, and overcoming problems with adjuster lowballing, the inappropriate use of standardized prices, interference from third party consultants and bill reviewers, workmanship complaints from customers, and vigorous opposition from lawyers representing carriers and policyholders. The Book on Restoration Collections shares his battle-tested 10-step process to cutting through insurance red tape to accelerate and maximize receivables. STEP 1: Build a Powerful Restoration Contract STEP 2: Document the File to be Lucrative STEP 3: Be in the Loop for Every Communication with the Adjuster STEP 4: Defeat Attempts to Use Standardized Prices as Global Prices STEP 5: Neutralize Adjuster Excuses & Cut Through the Smokescreen STEP 6: Overcome Challenges from Third Party Consultants STEP 7: Keep Insurance Proceeds Away from Mortgage Companies STEP 8: Gradually Escalate Collection Efforts STEP 9: Properly Leverage Mechanic's Liens STEP 10: Decide If, When and Whom to Sue Ed Cross recommends that contractors seriously consider obtaining Assignments of Insurance Rights from their customers to allow direct billing to insurance. In the first book in this series, The Book on the Assignment of Benefits, he explains how Assignments work, how to present them to customers and insurers, and how to prosecute them. It includes Assignment of Insurance Rights forms and Notice of Assignment form letters for all 50 states and the District of Columbia. This book picks up where the Assignments book left off, and includes downloadable demand letters in MS Word format for use when the restorer has an assignment and hits an impasse with the carrier.




Law, Religion, and Health in the United States


Book Description

This book explores the critical role of law in protecting - and protecting against - religious beliefs in American health care.




Restorative Justice and the Law


Book Description

Restorative justice has developed from a barely known term to a central role in debates on the future of criminal justice. But as it has moved into the mainstream so new tensions and issues have emerged as it becomes increasingly integrated into normal practice, and part of broader legal and judicial systems ­ both in common law countries and those with centralised legal systems. The purpose of this book is to explore this developing relationship between the concepts and practice of restorative justice on the one hand, and the law and legal systems on the other. Amongst the questions it addresses are the following: how are informal processes to be juxtaposed with formal procedures? what is the appropriate relationship between voluntarism and coercion? how can the procedures and practices of restorative justice be combined with legal standards, safeguards and precepts?




Restorative Justice and the Law


Book Description

Restorative justice has developed rapidly from being a barely known term to occupying a central role in debates on the future of criminal justice. But as it has become part of the mainstream of debate, so new tensions and issues have emerged. One of the most crucial issues is to find an appropriate combination of restorative justice, based essentially on informal deliberation, and the law. The purpose of this book is to analyse the several dimensions to this issue. It explores the social and ethical foundations of restorative justice, seeks to position it in relation to both rehabilitation and punishment, and examines the possibility of developing and incorporating restorative justice as the mainstream response to crime in terms of the principles of constitutional democracy. Amongst the questions it addresses are the following: How are informal processes to be juxtaposed with formal procedures? What is the appropriate relationship between voluntarism and coercion? How can the procedures and practices of restorative justice be combined with legal standards, safeguards and precepts? How can one balance restorative responses with legally sanctioned punishment? In this book a distinguished team of contributors consider this crucial set of relationships between restorative justice and the law, building upon papers and discussions at the fifth international restorative justice conference in Leuven, Belgium, in September 2001. restorative justice has grown rapidly throughout the worldthis book addresses the central issue of relationship of restorative justice to existing law and legal systemschapters from world leading authorities




Restoration and History


Book Description

Once a forest has been destroyed, should one plant a new forest to emulate the old, or else plant designer forests to satisfy our immediate needs? Should we aim to re-create forests, or simply create them? How does the past shed light on our environmental efforts, and how does the present influence our environmental goals? Can we predict the future of restoration? This book explores how a consideration of time and history can improve the practice of restoration. There is a past of restoration, as well as past assumptions about restoration, and such assumptions have political and social implications. Governments around the world are willing to spend billions on restoration projects âe" in the Everglades, along the Rhine River, in the South China Sea âe" without acknowledging that former generations have already wrestled with repairing damaged ecosystems, that there have been many kinds of former ecosystems, and that there are many former ways of understanding such systems. This book aims to put the dimension of time back into our understanding of environmental efforts. Historic ecosystems can serve as models for our restorative efforts, if we can just describe such ecosystems. What conditions should be brought back, and do such conditions represent new natures or better pasts? A collective answer is given in these pages âe" and it is not a unified answer.







Restoration


Book Description