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The Role of the Judiciary in Environmental Governance

2009-01-01 Law
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Release : 2009-01-01
Genre : Law
Kind : eBook
Book Rating : 089/5 ( reviews)

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Book Synopsis The Role of the Judiciary in Environmental Governance by : Louis J. Kotzé

Download or read book The Role of the Judiciary in Environmental Governance written by Louis J. Kotzé. This book was released on 2009-01-01. Available in PDF, EPUB and Kindle. Book excerpt: This important book investigates the environmental legal frameworks, court structures and relevant jurisprudence of nineteen countries, representing legal systems and legal cultures from a diverse array of countries situated across the globe. In doing so, it distils comparative trends, new developments, and best practices in adjudication endeavours, highlighting the benefits and shortcomings of the judicial approach to environmental governance.

The Role of the Judiciary in Environmental Governance - Chapter 6

2013
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Release : 2013
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Book Synopsis The Role of the Judiciary in Environmental Governance - Chapter 6 by : Jamie Benidickson

Download or read book The Role of the Judiciary in Environmental Governance - Chapter 6 written by Jamie Benidickson. This book was released on 2013. Available in PDF, EPUB and Kindle. Book excerpt: Major environmental issues currently confront Canadian society in its global context, including threats to natural resources, deteriorating water and air quality in certain communities, and policy challenges related to climate change. There is a variety of actual and potential roles for Canada's courts, which are powerful, independent and well-respected institutions. The courts have been called upon to make decision regarding prosecutorial authority, and the exercise of statutory authority related to the environment. As voluntary policy instruments gain traction, traditional environmental enforcement in the courts may decline; this threatens to restrict future development of private law principles in the environmental context. Factors that will continue to shape courts' enforcement of environmental requirements include increasing pressures for accountability and democratic legitimacy in the enforcement process, the shift to a service economy, globalization, and international developments in environmental law. Strong language in Canadian environmental statutes suggests that courts' implementation of environmental values will entail including sustainability as a fundamental principle.

Compendium of Summaries of Judicial Decisions in Environment Related Cases

2005 Law
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Release : 2005
Genre : Law
Kind : eBook
Book Rating : 572/5 ( reviews)

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Book Synopsis Compendium of Summaries of Judicial Decisions in Environment Related Cases by : United Nations Environment Programme

Download or read book Compendium of Summaries of Judicial Decisions in Environment Related Cases written by United Nations Environment Programme. This book was released on 2005. Available in PDF, EPUB and Kindle. Book excerpt: Success in tackling environmental degradation relies on the full participation of everyone in society. The judiciary is a crucial partner in promoting environmental governance, upholding the rule of law and in ensuring a fair balance between environmental, social and developmental considerations through its judgements and declarations. This publication outlines the work done by UNEP in cooperation with several partners in developing and implementing a programme to engage the judiciaries of all countries in the pursuit of the rule of law in the area of environment and sustainable development.

Hard Decisions

2016 Electronic dissertations
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Release : 2016
Genre : Electronic dissertations
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Book Synopsis Hard Decisions by : Felicia Renee Hammons

Download or read book Hard Decisions written by Felicia Renee Hammons. This book was released on 2016. Available in PDF, EPUB and Kindle. Book excerpt: This research utilizes legal court cases to describe scientific, legal, and political controversies inherent in the real-world implementation of environmental legislation during the latter twentieth and early twenty-first centuries. Most current scholarship focuses solely on the science, legal practices, or politics involved in the application of environmental statutes. This works utilizes environmental history and legal history methodologies to argue that environmental legal cases are not simply beacons of environmental successes or failures. They are windows into the scientific, legal, economic, and political contexts in which they occurred. The majority of environmental laws were created nearly a half-century ago during the golden era of the contemporary environmental movement and their application has been tested in a string of legal cases. The cases presented in this work are illustrative of the increased role of the judiciary in environmental topics and how legal courts have dealt with dilemmas of environmental policies. The Oregon District Court case Defenders of Wildlife; et al. v. Secretary of the United States Department of the Interior (2005) focused on the role of science, politics, and law in the management and conservation of the gray wolf under the Endangered Species Act. The US Supreme Court case Lujan v. Defenders of Wildlife (1992) demonstrated the conservative natureof the Rehnquist Court (1986-2006) and its effect on legal standing in future environmental cases. The US Supreme Court case Winter v. Natural Resources Defense Council (2008) highlighted the conflict between US national security and environmental protection invested in the protection of marine life from US Navy sonar. The primary inquiry is how the environmental legislation created during the latter twentieth century has and will survive the changes in science, politics, and law during the early twenty-first century.

International Courts and Environmental Protection

2009-02-12 Law
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Release : 2009-02-12
Genre : Law
Kind : eBook
Book Rating : 226/5 ( reviews)

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Book Synopsis International Courts and Environmental Protection by : Tim Stephens

Download or read book International Courts and Environmental Protection written by Tim Stephens. This book was released on 2009-02-12. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive examination of international environmental litigation which addresses the major environmental challenges of the twenty-first century.

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