Environment in the Balance


Book Description

The first Earth Day in 1970 marked environmentalism’s coming-of-age in the United States. More than four decades later, does the green movement remain a transformative force in American life? Presenting a new account from a legal perspective, Environment in the Balance interprets a wide range of U.S. Supreme Court decisions, along with social science research and the literature of the movement, to gauge the practical and cultural impact of environmentalism and its future prospects. Jonathan Z. Cannon demonstrates that from the 1960s onward, the Court’s rulings on such legal issues as federalism, landowners’ rights, standing, and the scope of regulatory authority have reflected deep-seated cultural differences brought out by the mass movement to protect the environment. In the early years, environmentalists won some important victories, such as the Supreme Court’s 1973 decision allowing them to sue against barriers to recycling. But over time the Court has become more skeptical of their claims and more solicitous of values embodied in private property rights, technological mastery and economic growth, and limited government. Today, facing the looming threat of global warming, environmentalists struggle to break through a cultural stalemate that threatens their goals. Cannon describes the current ferment in the movement, and chronicles efforts to broaden its cultural appeal while staying connected to its historical roots, and to ideas of nature that have been the source of its distinctive energy and purpose.




Climate Justice


Book Description

In this ground-breaking work, Teresa Thorp tackles the causes and effects of climate injustice by methodically mapping out an approach by which to reach a negotiatedconsensus with legal force to protect present and future generations. Using the law and policy of climate change as a vehicle for illustrating how to shape our future,she comprehensively overturns the widely held contemporary view of climate justice as inconstant charitable acts, relative systemic notions and static concepts isolatedfrom the common good and a congruent rule of law. Responding to the adverse impacts of climate change (heat waves, extended drought, severe flooding anddesertification), which represent an urgent and potentially irreversible threat to human societies and the planet, requires a new and cohesive way of thinking aboutglobal policy and the law. The mission of guaranteeing and realising human dignity, human security and human rights is multi-fold. Looking through the lens of kaleidoscopic normativity, anextensible language anchored in common juridical elements should facilitate how norms enter the socio-legal frame and interact within it. Users need to be able todisplay and interpret the congruent legal norm in order to obey and apply it. Galvanising this process by constitutionalising first principles and consequential normsis vital for attaining fraternity between nations and among all people. divClimate Justice – A Voice for the Future is an essential read for scholars, practitioners and all those genuinely interested in reaching consensus on a post-2015 global climate accord, a unified development agenda and a cohesive pact for disaster-risk reduction.







Law of the Sea, Environmental Law and Settlement of Disputes


Book Description

This volume covers a variety of topics in the fields of the law of the sea and the protection of the environment. The particular focus of the volume is on the role and function of judicial, quasi-judicial and administrative institutions in the prevention and settlement of disputes in both of these areas. This includes an overview and insightful analysis of the cases of the International Tribunal for the Law of the Sea during its first decade. Further substantive issues range from the allocation of shared marine resources, maritime boundary delimitation and issues of maritime security to the prevention of marine pollution as well as a coverage of the compliance and enforcement mechanisms of international environmental law. The views from both scholars' and practitioners' perspectives presented in this volume will offer readers a number of outstanding intellectual synergies to reflect on the development of international law. It can provide both scholars and policy-makers alike with new insights on how to address pressing problems in international law, including ideas for improved institutional design. The work has been compiled in honour of Thomas A. Mensah and comprises 59 essays from leading scholars and practitioners in international law.




Weaponising Evidence


Book Description

Weaponising Evidence provides the first analysis of the history of the international law on tobacco control. By relying on a vast set of empirical sources, it analyses the negotiation of the WHO Framework Convention on Tobacco Control (FCTC) and the tobacco control disputes lodged before the WTO and international investment tribunals (Philip Morris v Uruguay and Australia - Plain Packaging). The investigation focuses on two main threads: the instrumental use of international law in the warlike confrontation between the tobacco control advocates and the tobacco industry, and the use of evidence as a weapon in the conflict. The book unveils important lessons on the functioning of international organizations, the role of corporate actors and civil society organizations, and the importance and limits of science in law-making and litigation.




Environmental Flows


Book Description

Environmental Flows describes the timing, quality, and quantity of water flows required to sustain freshwater and estuarine ecosystems and the human well-being and livelihoods that depend upon them. It answers crucial questions about the flow of water within and between different kinds of ecosystems. What happens when the flow or the availability of water is curtailed or diverted, either naturally or by human activity? How will climate change alter the availability of water and impact aquatic ecosystems? Methodological developments from the simplest hydrological formulas to large-scale frameworks that inform water management make this book a must-read for water managers and freshwater and estuarine ecologists contending with ever-changing conditions influencing the flow of water.




Facing Catastrophe


Book Description

As Hurricane Katrina vividly revealed, disaster policy in the United States is broken and needs reform. What can we learn from past disasters—storms, floods, earthquakes, tsunamis, landslides, and wildfires—about preparing for and responding to future catastrophes? How can these lessons be applied in a future threatened by climate change? In this bold contribution to environmental law, Robert Verchick argues for a new perspective on disaster law that is based on the principles of environmental protection. His prescription boils down to three simple commands: Go Green, Be Fair, and Keep Safe. “Going green” means minimizing exposure to hazards by preserving natural buffers and integrating those buffers into artificial systems like levees or seawalls. “Being fair” means looking after public health, safety, and the environment without increasing personal and social vulnerabilities. “Keeping safe” means a more cautionary approach when confronting disaster risks. Verchick argues that government must assume a stronger regulatory role in managing natural infrastructure, distributional fairness, and public risk. He proposes changes to the federal statutes governing environmental impact assessments, wetlands development, air emissions, and flood control, among others. Making a strong case for more transparent governmental decision-making, Verchick offers a new vision of disaster law for the next generation.




The Way Into Judaism and the Environment


Book Description

An accessible introduction to the Jewish understanding of the natural world and the key concepts central to Jewish environmentalism. At a time of growing concern about environmental issues, this book explores the relationship Jews have with the natural world and the ways in which Judaism contributes to contemporary social/environmental issues. It also shows readers the extent to which Judaism is part of the problem and how it can be part of the solution. Offering both an environmental interpretation of Judaism and a Jewish approach to environmentalism, this book examines: What environmentalism is. What the creation stories can teach us about who we are and what nature is. The relevance of Torah and traditional sources.




North Korea and Northeast Asian Regional Security


Book Description

With its unstable and intermittent nuclear weapon project, and the recent leadership succession issue, Democratic People’s Republic of Korea (DPRK) has been a source of insecurity for the past decade in this region, in addition to the delicate international relations among the powerful China, United States, Japan, and Russia. The essence of DPRK issue lies in the instability and uncertainty of nuclear development that even the slightest miscalculation by any one power could disturb the sensitive balance of relationships, creating a butterfly effect with a catastrophic result. Drawing on various perspectives on the interaction over DPRK and other regional powers, this volume seeks to explore the role of DPRK in Northeast Asia, and its implication to regional security as a whole. The volume does not confirm a particular position over DPRK’s nuclear showdown; rather it invites scholars to provide assessments from the viewpoints of neighbouring powers in order to present a more complete understanding of the leading issue in Northeast Asia. The volume will serve as an invaluable resource for policymakers, students and scholars of North Korean politics and international relations. This book was published as a special issue of the Journal of Comparative Asian Development.