Download or read book Interpreting Environmental Offences written by Emma Lees and published by Bloomsbury Publishing. This book was released on 2015-07-30 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the interpretation of environmental offences contained in the waste, contaminated land, and habitats' protection regimes. It concludes that the current purposive approach to interpretation has produced an unacceptable degree of uncertainty. Such uncertainty threatens compliance with rule of law values, inhibits predictability, and therefore produces a scenario which is unacceptable to the wider legal and business community. The author proposes that a primarily linguistic approach to interpretation of the relevant rules should be adopted. In so doing, the book analyses the appropriate judicial role in an area of high levels of scientific and administrative complexity. The book provides a framework for interpretation of these offences. The key elements that ought to be included in this framework-the language of the provision, the harm tackled as drafted, regulatory context, explanatory notes and preamble, and finally, purpose in a broader sense-are considered in this book. Through this framework, a solution to the certainty problem is provided.
Download or read book Environmental Crime written by Jared C. Bennett and published by Aspen Publishing. This book was released on 2019-06-10 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental Crime: Pollution and Wildlife Enforcement is a complete introduction to some of the newest and most complex criminal statutes within the federal penal system. Regardless of whether a student has any background in environmental law or the federal criminal process, he/she will learn of the policy origins of environmental criminal enforcement, the centrality of prosecutorial discretion, federal criminal standards and procedure, and the most important pollution and wildlife crimes within the United States Code. Coverage includes the Clean Water Act, Clean Air Act, RCRA, CERLA, FIFRA, the Lacey Act, the Endangered Species Act and its enforcement of CITES, the Migratory Bird Treaty Act, the Bald and Golden Eagle Protection Act, animal fighting statutes, and other commonly used conventional statutes in criminal prosecutions. Professors and students will benefit from: Robust analysis of major pollution laws, their history, and why and how they are criminally enforced Broad examination of criminal laws governing wildlife protection and trafficking The role of international, state, and tribal laws in federal environmental enforcement Cutting-edge cases and case notes Numerous hypothetical case examples that link general federal criminal principles with environmental law A level playing field for students regardless of prior exposure to pollution and wildlife laws or criminal processes Interdisciplinary approach to the use of science in proving heightened burden of criminal environmental enforcement
Download or read book Environmental Crime written by Yingyi Situ and published by SAGE. This book was released on 2000 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: After defining environmental crime and discussing the extent of the environmental crisis, this book explores the causes, investigation, prosecution and prevention of all types of environmental crime.
Download or read book Crimes Against the Environment written by Susan F. Mandiberg and published by MICHIE. This book was released on 1997 with total page 854 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Practical Guide to Environmental Enforcement written by Christopher Badger and published by . This book was released on 2021-02-23 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a short practical guide to environmental enforcement law. It is intended to be a helpful resource for established practitioners as well as an introduction to those new to the subject and a useful tool for those advising both organisations and individuals on environmental enforcement as well as those tasked with the duties of environmental regulation. The subjects covered include waste and water offences, investigatory powers, enforcement notices, criminal proceedings and sentencing and civil sanctions. The book also provides a summary of corporate and individual liability for environmental offences. Key provisions of relevant environmental legislation are highlighted, together with selected quotes from key authorities on the application of the law in practice. Further commentary provides expert analysis on the interpretation and implementation of environmental law.
Download or read book Green Criminology written by Rob White and published by Routledge. This book was released on 2014-02-03 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past ten years, the study of environmental harm and ‘crimes against nature’ has become an increasingly popular area of research amongst criminologists. This book represents the first international, comprehensive and introductory text for green criminology, offering a concise exposition of theory and concepts and providing extensive geographical coverage, diversity and depth to the many issues pertaining to environmental harm and crime. Divided into three sections, the book draws on a range of international case studies and examples, and looks at the conceptual and methodological foundations of green criminology, before examining in detail areas of environmental crime and harm, and how they are addressed, including: climate change and social conflict; abuse and harm to animals; threats to bio-diversity; pollution and toxic waste; environmental victims; environmental regulation, law enforcement and courts; environmental forensic studies; environmental crime prevention. Green Criminology is packed with pedagogical features, including dialogue boxes, case examples, discussion questions and lists of further reading and is perfect for students around the world engaged with green criminology and crime against the environment.
Download or read book Environmental Crime in Europe written by Andrew Farmer and published by Bloomsbury Publishing. This book was released on 2017-12-14 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Environmental crime is a growing challenge for policy makers and law enforcers. This is an important and timely study which examines in depth how environmental crime is treated at national level within the European Union and the impact of the 2008 EU Directive on environmental crime on national systems. It will be required reading by anyone concerned with making environmental law more effective." Richard Macrory, Emeritus Professor, University College London The aim of this important new collection is to explore how environmental crime is controlled and environmental criminal law is shaped and implemented within the European Union and its Member States. It examines the legal framework, looking in particular at Directive 2008/99/EC, and the specific competences of the EU in this domain. In addition, it provides a detailed analysis of environmental criminal law in seven Member States, focusing inter alia on the basic legislation, the way in which environmental pollution is criminalised and the main actors in place to enforce environmental criminal law. In so doing, it provides a much needed explanation of the evolution of environmental criminal law in Europe at Union level and how this is implemented in selected Member States.
Download or read book Environmental Criminology and Crime Analysis written by Richard Wortley and published by Willan. This book was released on 2013-05-13 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental criminology is a generic label that covers a range of overlapping perspectives. At the core, the various strands of environmental criminology are bound by a common focus on the role that the immediate environment plays in the performance of crime, and a conviction that careful analyses of these environmental influences are the key to the effective investigation, control and prevention of crime. Environmental Crime and Crime Analysis brings together for the first time the key contributions to environmental criminology to comprehensively define the field and synthesize the concepts and ideas surrounding environmental criminology. The chapters are written by leading theorists and practitioners in the field. Each chapter will analyze one of the twelve major elements of environmental criminology and crime analysis. This book will be essential reading for both practitioners and undergraduate and postgraduate students taking courses in this subject.
Download or read book Green Criminology written by Michael J. Lynch and published by Univ of California Press. This book was released on 2017-08-15 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book provides an overview and assessment of green criminology. Based on a political-economic analysis, Green Criminology draws attention to the ways in which the political-economic organization of capitalism causes ecological destruction and disorganization. Focusing on real-world impact, chapters include political-economic examinations of ecological withdrawals, ecological additions, toxic towns, wildlife poaching and trafficking, environmental justice, environmental laws, and nongovernment environmental organizations. The book also explores how ecological footprint, planetary boundary analysis, and other scientific research applies to green criminological analysis"--Provided by publisher.
Download or read book Environmental Interests in Investment Arbitration written by Flavia Marisi and published by Kluwer Law International B.V.. This book was released on 2020-01-24 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental Interests in Investment Arbitration Challenges and Directions Flavia Marisi Economic growth, social inclusion, and environmental protection stand at the core of sustainable development, which aims to deliver long-term growth for current and future generations. Foreign Direct Investment (FDI) can play a key role in sustainable development. Host states’ benefits descending from FDI inflows include tax revenues, technology transfer, specialised training of local human resources, network with satellite activities, better availability of quality products and customer-centric services. These downstream effects jointly stimulate economic growth and social inclusion. This thoroughly researched book explores the relationship between environmental protection – the third component of sustainable development – and FDI. In practice, the intersection between environmental protection and foreign investment not only has generated remarkable success stories such as cross-sectoral green investment but has also in some instances led to severe cases of environmental degradation. Certain foreign investments resulted in open-pit mines leaking harmful substances into the soil, excessive deforestation, improper treatment of water, pollution of groundwater and contamination of mud pits following oil exploitation, leaving the host state with significant environmental damage. Some other cases have witnessed the host state withdrawing or infringing its own environmental policies, which could, in principle, lead to a decrease in the value of the foreign investment as a result of natural resources deterioration. In recent years, an increasing number of investment arbitration cases have seen a clash between the states’ commitments towards their citizens, which include the duty to protect the environment, their health and well-being, and the commitment towards foreign investors to protect their investments. In this book, the author focuses on investor-state cases in which environmental protection measures have been contested and discusses substantive mechanisms in treaty drafting, rules of Customary International Law, and interpretation doctrines, which are aimed at taking environmental concerns into consideration. The topics covered include the following: statistical analysis of investor-state cases where environmental protection measures have been contested; the role of environmental principles in investor-state arbitration; treaty mechanisms addressing environmental concerns; legal tools available under Customary International Law to address environmental interests; the application of the doctrines of proportionality, police powers, and margin of appreciation; and environmental counterclaims as an instrument to claim compensation for environmental damage. The author provides a detailed framework on the normative architecture, offers an extensive analysis of the relevant case law, and proposes concrete solutions to the identified clashes, aimed at refining the balance between environmental and investment protection. With its in-depth analysis and careful documentation, this book aptly captures the inherent fragmentation of international law and undoubtedly represents an invaluable resource for both international law practitioners and scholars. The solution-oriented approach adopted in the book will be welcomed by legal counsel, law firms, investment treaty negotiators, and decision makers at the different stages of investment lawmaking and practice, as well as by international institutions and academics.
Download or read book War Torn Environment written by Karen Hulme and published by Martinus Nijhoff Publishers. This book was released on 2004 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the issues surrounding the protection of the environment in times of armed conflict, and to pose questions as to its adequacy and efficacy. But the focus is not simply upon the interpretation of the legal provisions in isolation; instead, the analysis establishes a benchmark standard of environmental harm against which the adequacy and efficacy of the legal provisions can be measured.
Download or read book Environmental Crime written by Robert Douglas White and published by Willan Publishing (UK). This book was released on 2009 with total page 772 pages. Available in PDF, EPUB and Kindle. Book excerpt: The articles in this collection, introduce the study of green or environmental criminology, both challenging existing conceptualisations of environmental crime, and providing insight into what this new field of criminology will mean for the future.
Download or read book The Legal Regulation of Environmental Crime written by Valsamis Mitsilegas and published by BRILL. This book was released on 2022-01-17 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Legal Regulation of Environmental Crime - The International and European Dimension provides a timely, comprehensive and holistic analysis of the international and EU legal frameworks aimed at tackling environmental crime. Bringing together a team of leading international and EU scholars with distinct expertise in environmental law and environmental criminal law, the volume discusses current reforms of environmental law at the international and EU levels.
Download or read book Interpreting Environmental Responsibility written by and published by . This book was released on 2015 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Responding to Environmental Crimes written by Mark Wright and published by Springer Nature. This book was released on 2021-11-09 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a critical study of environmental regulation and its enforcement in New Zealand, situated within green criminology. It seeks to address the question of whether the offences in the Resource Management Act 1991 are 'working', by drawing on a range of sources including: central government data, local government policies and reports on enforcement, information requests of councils, studies of local authority enforcement behaviour and case law to. Through highly layered and richly textured analysis, the project exposes the problems that can arise when an expansive approach is taken to offences, penalties and institutional arrangements in an environmental regulatory statute. It emphasizes how discussions of harm and what should be unlawful will ensure that law-makers' enforcement tools will align with their goals for punishment. It examines higher-level issues such as ‘wrongfulness’ and ‘criminality’ in the environmental regulatory context and explores the relevance of its findings to jurisdictions outside of New Zealand. It also discusses the pros and cons of criminalisation and punishment versus restoration. It speaks to those interested in green criminology, regulatory compliance and enforcement, and applications of criminal law.
Download or read book Environmental Adjudication written by Emma Lees and published by Bloomsbury Publishing. This book was released on 2020-09-17 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a detailed study of the role of the judiciary in environmental law. It examines theoretical issues concerning the role of judges, taking account of different legal cultures and contexts, exploring the multifaceted pressures which rest on the shoulders of courts when navigating the tensions between maintaining neutrality, resolving disputes, and providing guidance and assistance for future courts, policy-makers and decision-makers. In addition, it explores the particular challenges which arise in an environmental context, before articulating the range of environmental dispute 'models' which can and do exist in the context of the environmental law of England and Wales. The second part of the book looks at the consequences of these findings, and explores the relationship between adjudication and coherence before concluding with an exploration of what constitutes 'good' environmental adjudication.
Download or read book Environmental Law written by Stuart Bell and published by Oxford University Press. This book was released on 2017 with total page 873 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edition of 'Environmental Law' includes material on environmentalism and the law, international environmental law, access to environmental justice, noise pollution and new legislation on pollution prevention and new case law.
