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Research Handbook on Fundamental Concepts of Environmental Law
Research Handbooks in Environmental Law series
Edited by
Douglas Fisher
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Synopsis
The quality and the strength of an environmental legal system is a reflection of the conceptual foundations upon which it is constructed. The Research Handbook on Fundamental Concepts of Environmental Law illuminates key aspects of environmental governance through the lens of their underlying dimensions: for example, the form, structure and language of international, regional and national instruments; the function of norms, objectives and standards; and the relevance of economic analysis and of integrated policy formulation.
The topical chapters in this timely Handbook include analyses of human rights, constitutional rights, property rights, sustainable development, environmental impact assessment and precaution. Perceptive contributions examine the emerging roles played by various concepts, values and objectives in environmental governance. The nature of these emerging concepts and their relationship with traditional rights and duties, which are typically reactive in nature, is of particular significance. The concepts examined go to the heart of environmental law: the capacity of a system of environmental governance to be judicially recognized and enforced.
This insightful Handbook will be a valuable resource for all students and researchers in environmental law and governance. It will be essential reading for policymakers, legal drafters and anyone needing to understand the foundations of the modern environmental legal system. New & Used
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What Reviewers Are Saying
'The editor succeeded in recruiting an impressive team of 22 contributors drawn from nine countries. These included not only academics, but also some from the judiciary, many of whom have made major personal contributions to the issues involved. The chapters are accompanied by pertinent explanatory notes, literature references, lists of legal instruments, and citations of cases that makes this an extraordinarily valuable reference work. This book deserves an extremely wide circulation amongst all involved in the development of overarching environmental policies, from the international to the national and even local level, both explaining where we are now and highlighting issues that remain controversial -- and await general agreement.'- Biodiversity and Conservation 'The researcher will find a wealth of ideas from a wide range of topics covered in this Handbook. With the Anthropocene and globalization impacting on every aspect of the environment, many of the traditional frontiers of environmental law are being pushed into the unknown, and many concepts, principles and "rights" need to be further analyzed. These challenges inspire an overarching framework for environmental governance, a reshaping perhaps of the international environmental law regime and a call for a re-examination of conceptual approaches to achieve environmental goals. This publication is timely in the midst of bewildering cross-cutting and emerging environmental issues.'