This timely book brings to the foreground the considerable tensions between the need to engage the public in the importance of environmental governance and the need of professional expertise to address the issues which arise. In doing so, it highlights that not only can public opinion deviate from scientific knowledge, but scientific knowledge itself can be lacunose or contradicting. Drawing together insights from some of the leading scholars, this engaging work will provide guidance to decision makers, including judges, on how to govern public participation procedures and professional expertise and the role that the precautionary principle can play in this regard.
This timely book provides a critical examination of the ways in which tax expenditures can be best used in order to enhance their efficacy as instruments for the implementation of environmental policy.
This book addresses the international legal dimension of the management of the risk of accidents associated with offshore oil and gas activities. It focuses on the prevention and minimization of harm as well as the post-accident management of loss through liability and compensation arrangements and the processing of mass claims for compensation. Government officials of countries with offshore industries, international civil servants and academics in related fields will find the book a valuable resource.
Challenging historic assumptions about human relationships with nature, Jan G. Laitos examines how environmental laws have addressed environmental problems in the past, and the reasons for the laws' inability to successfully prevent environmental contamination and alterations of critical environmental systems. This forward-thinking book offers a creative and organic alternative to traditional but ultimately unsuccessful environmental rules. It explains the need for a new generation of environmental laws grounded in the universal laws of nature which might succeed where past and current approaches have largely failed.
This book gathers the peer-reviewed proceedings of the 1st congress on Geoethics & Groundwater Management (GEOETH&GWM'20), held in Porto, Portugal, in an online format on 18-22 May 2020. Hosted in School of Engineering (ISEP), Polytechnic of Porto based on Porto city (a UNESCO World Heritage Site), the international conference focused on what has now been dubbed “hydrogeoethics”, a novel transdisciplinary, scientific field integrating all dimensions of geoethics in groundwater science and practice. Given its scope, the book is of interest to all researchers and practitioners in the geosciences, hydrology, water resources, hydrogeology, natural resources management, environment, engineering, law, sociology, education, philosophy, culture, among others. This joint congress is the result of a collaborative agreement between the IAH (International Association of Hydrogeologists) and IAPG (International Association for Promoting Geoethics) and reflects the need for concerted actions to achieve sustainable development. The diversity, scale, significance and increasing magnitude of anthropogenic interactions with aquifers and groundwater, which often involve conflicting values or interests, call for analysis, discussions and decisions on the part of the agents involved, e.g. groundwater scientists, policymakers, managers, organisations, professionals and citizens. This approach calls for a responsible, sustainable and human approach to groundwater use and management. The groundwater community involved in the exploration and exploitation, use and management of this increasingly vital natural resource is becoming more and more aware that ethical issues pervade all our attitudes from concept to action and need to be addressed. Diverse values and cultures, science and education, law and policies, human and natural environments and the public and the economic sectors view groundwater and its value and/or role differently. The authors believe that in a globalised and interconnected world, common ground must be found in the interest of peace, human development and sustainability. The main topics covered here include: 1. Fundamentals of hydrogeoethics: cultures, principles and geoethical values on groundwater science and engineering 2. Lessons for a resilient and sustainable future with hydrogeoethics: case studies of geoethics in groundwater science-engineering, profession, and management 3. Scientific and humanistic components of hydrogeoethics in groundwater education and professional training 4. Socio-hydrogeology and ethical groundwater management 5. Geoethics of decision making under uncertainty and ethical issues in neglecting groundwater functioning 6. Groundwater: geological, legal, social, and ethical challenges of a unique natural resource
Science, which inevitably underlies environmental disputes, poses significant challenges for the scientifically untrained judges who decide such cases. In addition to disrupting ordinary fact-finding and causal inquiry, science can impact the framing of disputes and the standard of review. Judges must therefore adopt various tools to adjust the level of science allowed to enter their deliberations, which may fundamentally impact the legitimacy of their reasoning. While neglecting or replacing scientific authority can erode the convincing nature of judicial reasoning, the same authority, when treated properly, may lend persuasive force to adjudicatory findings, and buttress the legitimacy of judgments. In this work, Katalin Sulyok surveys the environmental case law of seven major jurisdictions and analyzes framing techniques, evidentiary procedures, causal inquiries and standards of review, offering valuable insight into how judges justify their choices between rival scientific claims in a convincing and legitimate manner.
This comprehensive volume of the Elgar Encyclopedia of Environmental Law provides an overview of the major elements of energy law from a global perspective. Based on an in-depth analysis of the energy chain, it offers insight into the impacts of climate change and environmental issues on energy law and the energy sector. This timely reference work highlights the need for modern energy law to consider environmental impacts and promote the use of clean energy sources, whilst also safeguarding a reliable and affordable energy supply.
Bringing together leading scholars from across a diverse range of disciplines, this unique book examines a key question: How can we best conserve marine living resources in the polar regions, where climate change effects and human activities are particularly pressing?
This thought-provoking book examines the rise of animal welfare as a serious policy concern in the international trade law regime. The central focus is an in-depth study of the background and legal analysis of the landmark EC – Seal Products case, which confirmed the importance of animal welfare in WTO law. The book explores how the WTO handled the relationship between trade disciplines and animal welfare, including the particularly challenging questions around Indigenous seal hunting rights. It offers a detailed account of animal welfare and animal conservation commitments in new trade agreements, as well as mechanisms for enforcement, cooperation, and citizen participation.
This innovative book explores the legal character of petroleum licences, a key vehicle governing the relationship between oil companies and their host states. Examining the issue through the lens of legal culture, it illustrates why some jurisdictions exert strong state control and others only minimal.
This comprehensive Research Handbook discusses how the EU has used its regulatory power to steer towards environmentally friendly behaviour, delving into the deep concerns related to the compliance with and enforcement of EU environmental law. It also highlights the important role of civil society’s use of environmental procedural rights, and characterizes how the CJEU case law has contributed to the effective implementation of EU environmental legislation.
This book provides an accessible overview of the societal relevance of contemporary geosciences. Engaging various disciplines from humanities and social sciences, the book offers philosophical, cultural, economic, and geoscientific insights into how to contextualise geosciences in the node of Culture and Nature. The authors introduce two perspectives of societal geosciences, both informed by the lens of geoethics. Throughout the text core themes are explored; human agency, the integrity of place, geo-centricity, economy and climate justice, subjective sense-making and spirituality, nationalism, participatory empowerment and leadership in times of anthropogenic global change. The book concludes with a discussion on culture, education, or philosophy of science as aggregating concepts of seemingly disjunct narratives. The diverse intellectual homes of the authors offer a rich resource in terms of how they perceive human agency within the Earth system. Two geoscientific perspectives and fourteen narratives from various cultural, social and political viewpoints contextualise geosciences in the World(s) of the Anthropocene.
