Download or read book Participatory Rights in the Environmental Decision Making Process and the Implementation of the Aarhus Convention a Comparative Perspective written by Eva Julia Lohse and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Öffentlichkeitsbeteiligung in Umweltangelegenheiten beruht auf der Idee, dass Bürger und Behörden eine ökologische Verantwortung haben, auf die Erde zu achten. Rechtlich wird diese Idee durch Beteiligungsrechte in Verwaltungs- und Gerichtsverfahren einerseits und in rechtlichen Pflichten für die Behörden andererseits zum Ausdruck gebracht. Trotz gemeinsamer internationaler (Aarhus Convention) und supranationaler (EG-/EU-Richtlinien) Verpflichtungen unterscheiden sich diese Rechte und Pflichten in den europäischen Rechtsordnungen aufgrund von unterschiedlichen Rechtsvorschriften sowie (Rechts-)Traditionen. Ziel ist es, einen rechtsvergleichenden Überblick über die Beteiligungsrechte für Bürger und die Pflichten der Behörden in Deutschland und Italien als Mitgliedstaaten der Europäischen Union zu geben. Dies trägt zur besseren Umsetzung der völkerrechtlichen Verpflichtungen ebenso wie zur Herausbildung eines sich gerade entwickelnden gemeinsamen europäischen Rechts zur Öffentlichkeitsbeteiligung in Umweltangelegenheiten bei.
Download or read book The Aarhus Convention written by and published by . This book was released on 2014 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: United Nations publication sales no. E.13.II.E.3"--Page 4 of cover.
Download or read book Law and Practice on Public Participation in Environmental Matters written by Uzuazo Etemire and published by Routledge. This book was released on 2015-07-20 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public participation has become a recurring theme and a topical issue in the field of international environmental law, with many multilateral environmental instruments calling on states to guarantee effectively the concept in their laws and practices. This book focuses on public participation in environmental governance, in terms of public access to environmental information and public participation in environmental decision-making processes. Drawing on the body of international best practice principles in environmental law and taking a comparative stance, Uzuazo Etemire takes Nigeria as a key case, evaluating its procedural laws and practices in relation to public access to information and participation in decision-making in environmental matters. In working to clarify and deepen understanding of the current status of environmental public participation rights in Nigeria, the book addresses key issues in environmental governance for developing and transitional countries and the potential for public participation to improve the state of the environment and public wellbeing. This book will be of great interest to undergraduate students (as further reading) and post-graduate students, academics, researchers, relevant government agencies and departments, policy-makers and NGOs in the fields of international environmental law, environmental justice, environmental/natural resource management, development studies and international finance.
Download or read book Sustainability through Participation written by Birgit Peters and published by BRILL. This book was released on 2023-07-03 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can—and should—participation be a means of achieving sustainability? The concepts of sustainability and participation are both in vogue, and many international, supranational and national legal texts and standards refer to these two concepts. However, there are still several unanswered questions that invite legal inquiry: which sustainability? Which kinds of participation? Participation by whom? How are the two concepts of sustainability and participation effectively interlinked in legal provisions? This book approaches the interconnection between sustainability and participation inductively and precisely in areas of law which are commonly associated with sustainability and sustainable development: national, European and international environmental and economic law.
Download or read book The Making of a New European Legal Culture written by Roberto Caranta and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Aarhus Convention entered into force more than 20 years ago. It lays down the pillars of environmental democracy, that is a governance systems where citizens and civil society organisations are fully involved in the decisions affecting the environment we all live in. On the one hand, the Convention drew on the experience of those jurisdictions where environmental concerns run deeper. On the other hand, once enacted, it was expected to bring about important changes in those jurisdictions which were less sensible to these issues. As such, the Convention is an ideal testing ground upon which to study how legal principles, rules, and institutions behave once they are moved from one jurisdiction to another and how the recipient jurisdiction reacts at receiving a transplant. The analysis, from a legal cultural approach to the law in the EU and 8 Member States, provides a much richer picture about how the Aarhus Convention has been implemented and what are the legal cultural enablers and obstacles to the full development of environmental democracy in different jurisdictions. Additionally, the research assesses how far a common European legal culture has developed in core areas, not just an environmental but in administrative and, to a large extent, constitutional law. The book provides and updated coverage of the implementation of the Aarhus Convention at both EU level and in a relevant number of Member States, and will be useful to academics and practitioners alike. About the editors Roberto Caranta is full professor of Administrative law with the Law Department of the University of Turin (Italy). Anna Gerbrandy professor of Competition Law at the Europa Institute of Utrecht University School of Law, the Netherlands. Dr. Bilun Mueller, LL.M. (Bruges) works at the Federal Ministry for Economic Affairs and Energy, Berlin. [Subject: EU Law, European Law, Comparative Law]
Download or read book Incorporating Indigenous Rights in the International Regime on Biodiversity Protection written by Federica Cittadino and published by BRILL. This book was released on 2019-08-12 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Incorporating Indigenous Rights in the International Regime on Biodiversity Protection, Federica Cittadino convincingly interprets the Convention on Biological Diversity (CBD) and its related instruments in light of indigenous rights and the principle of self-determination. Cittadino’s harmonisation of these formally separated regimes serves at least two main purposes. First, it ensures respect for the human rights framework that protects indigenous rights whilst implementing the biodiversity regime. Second, harmonisation allows for the full operationalisation of the indigenous related provisions of the CBD framework that concern traditional knowledge, genetic resources, and protected areas. Federica Cittadino successfully demonstrates that the CBD may allow for the protection of indigenous rights in ways that are more advanced than under current human rights law.
Download or read book Public Participation in Environmental Assessment and Decision Making written by National Research Council and published by National Academies Press. This book was released on 2008-11-07 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federal agencies have taken steps to include the public in a wide range of environmental decisions. Although some form of public participation is often required by law, agencies usually have broad discretion about the extent of that involvement. Approaches vary widely, from holding public information-gathering meetings to forming advisory groups to actively including citizens in making and implementing decisions. Proponents of public participation argue that those who must live with the outcome of an environmental decision should have some influence on it. Critics maintain that public participation slows decision making and can lower its quality by including people unfamiliar with the science involved. This book concludes that, when done correctly, public participation improves the quality of federal agencies' decisions about the environment. Well-managed public involvement also increases the legitimacy of decisions in the eyes of those affected by them, which makes it more likely that the decisions will be implemented effectively. This book recommends that agencies recognize public participation as valuable to their objectives, not just as a formality required by the law. It details principles and approaches agencies can use to successfully involve the public.
Download or read book Non State Actors and International Obligations written by James Summers and published by BRILL. This book was released on 2018-10-02 with total page 523 pages. Available in PDF, EPUB and Kindle. Book excerpt: Non-State Actors and International Obligations examines the contribution and relevance of non-state actors in the creation and implementation of international obligations. These actors have traditionally been marginalised within international law and ambiguities remain over their precise role. Nonetheless, they have become increasingly important in legal regimes as participants in their implementation and enforcement, and as potential holders of duties themselves. Chapters from academics and practitioners investigate different aspects of this relationship, including the sources of obligations, their implementation, human rights aspects, dispute settlement, responsibility and legal accountability.
Download or read book Public Participation and Better Environmental Decisions written by Frans H. J. M. Coenen and published by Springer Science & Business Media. This book was released on 2008-12-12 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public Participation and Better Environmental Decisions is about a specific ‘promise’ that participation holds for environmental decision-making. Many of the arguments for public participation in (inter)national environmental policy documents are functional, that is to say they see public participation as a means to an end. Sound solutions to environmental problems require participation beyond experts and political elites. Neglecting information from the public leads to legitimacy questions and potential conflicts. There is a discourse in the literature and in policy practice as to whether decision-making improves in quality as additional relevant information by the public is considered. The promise that public participation holds has to be weighed against the limitations of public participation in terms of costs and interest conflicts. The question that Public Participation and Better Environmental Decisions seeks to answer for academics, planners and civil servants in all environmental relevant policy fields is: What restricts and what enables information to hold the ‘promise’ that public participation lead to better environmental decision-making and better outcomes?
Download or read book Sustainability written by Felix Ekardt and published by Springer. This book was released on 2019-07-29 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book proposes a holistic transdisciplinary approach to sustainability as a subject of social sciences. At the same time, this approach shows new ways, as perspectives of philosophy, political science, law, economics, sociology, cultural studies and others are here no longer regarded separately. Instead, integrated perspectives on the key issues are carved out: Perspectives on conditions of transformation to sustainability, on key instruments and the normative questions. This allows for a concise answer to urgent and controversial questions such as the following: Is the EU an environmental pioneer? Is it possible to achieve sustainability by purely technical means? If not: will that mean to end of the growth society? How to deal with the follow-up problems? How will societal change be successful? Are political power and capitalism the main barriers to sustainability? What is the role of emotions and conceptions of normality in the transformation process? To which degree are rebound and shifting effects the reason why sustainability politics fail? How much climate protection can be claimed ethically and legally e.g. on grounds of human rights? And what is freedom? Despite all rhetoric, the weak transition in energy, climate, agriculture and conservation serves as key example in this book. It is shown how the Paris Agreement is weak with regard to details and at the same time overrules the growth society by means of a radical 1,5-1,8 degrees temperature limit. It is shown how emissions trading must – and can – be reformed radically. It is shown why CSR, education, cooperation and happiness research are overrated. And we will see what an integrated politics on climate, biodiversity, nitrogen and soil might look like. This book deals with conditions of transformation, governance instruments, ethics and law of sustainability. The relevance of the humanities to sustainability has never before been demonstrated so vividly and broadly as here. And in every area it opens up some completely new perspectives. (Prof. Dr. Dr. h.c. mult. Ernst Ulrich von Weizsäcker, Club of Rome, Honorary President) Taking a transdisciplinary perspective, the book canvasses the entire spectrum of issues relevant to sustainability. A most valuable and timely contribution to the debate. (Prof. Dr. Klaus Bosselmann, University of Auckland, Author of “The Principle of Sustainability”) This books breathes life into the concept of sustainability. Felix Ekardt tears down the barriers between disciplines and builds a holistic fundament for sustainablility; fit to guide long-term decision-making on the necessary transformation and societal change. (Prof. Dr. Christina Voigt, Oslo University, Dept. of Public and International Law)
Download or read book Civil Rights and EU Citizenship written by Sybe de Vries and published by Edward Elgar Publishing. This book was released on 2018-10-26 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: The process of European integration has had a marked influence on the nature and meaning of citizenship in national and post-national contexts as well as on the definition and exercise of civil rights across Member States. This original edited collection brings together insights from EU law, human rights and comparative constitutional law to address this underexplored nexus. Split into two distinct thematic parts, it first evaluates relevant frameworks of civil rights protection, with special attention on enforcement mechanisms and the role of civil society organisations. Next, it engages extensively with a series of individual rights connected to EU citizenship. Comprising detailed studies on access to nationality, the right to free movement, non-discrimination, family life, data protection and the freedom of expression, this book maps the expanding role of European law in the national sphere. It identifies a number of challenges to core civil rights that the current supranational framework is at pains to address. The contributors suggest and develop several new ideas on how to take the EU integration project forward. Civil Rights and EU Citizenshipprovides an innovative perspective on both the conceptual dimensions and the actual realities of rights-based citizenship which will be of interest to legal scholars, practitioners and policy-makers alike. Contributors include: S. Adamo, P.J. Blanco, S. de Vries, H. de Waele, T. Dudek, M.-P. Granger, K. Irion, Á.E. Menéndez, J. Morijn, P. Phoa, O. Salat, H. van Eijken, J.G. Vega
Download or read book The Paris Agreement on Climate Change written by Daniel R. Klein and published by Oxford University Press. This book was released on 2017 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Paris Agreement fundamentally alters the reach and scope of the international climate change regime. This book provides the first legal commentary to the Agreement's articles, putting them in context and detailing how they are to be understood and put into action.
Download or read book The Oxford Handbook of Comparative Environmental Law written by Emma Lees and published by Oxford University Press. This book was released on 2019-05-06 with total page 1296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook is the first comprehensive account of comparative environmental law. It examines in detail the methodological foundations of the discipline as well as the substance of environmental law across countries from four vantage points: country studies from all continents, responses to common problems (including air pollution, water management, nature conservation, genetically modified organisms, climate change and energy, chemicals, waste), foundational components of environmental law systems (including principles, property rights, administrative and judicial organisation, command-and-control regulation, market mechanisms, informational techniques and liability mechanisms), and common interactions of environmental protection with the broader public, private, and criminal law contexts. The volume brings together the foremost authorities in this field from around the world to provide a concise, self-contained, and technically rigorous account of environmental law as a single overall system.
Download or read book The Global Community Yearbook of International Law and Jurisprudence 2015 written by Giuliana Ziccardi Capaldo and published by Oxford University Press. This book was released on 2016-10-11 with total page 1013 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Global Community Yearbook is a one-stop resource for all researchers studying international law generally or international tribunals specifically. The Yearbook has established itself as an authoritative source of reference on global legal issues and international jurisprudence. It includes analysis of the most significant global trends in a way that allows readers to monitor the development of the global legal order from several perspectives. The Global Community Yearbook publishes annually in a volume of carefully chosen primary source material and corresponding expert commentary. The general editor, Professor Giuliana Ziccardi Capaldo, employs her vast expertise in international law to select excerpts from important court opinions and to choose experts from around the world to contribute essay-guides, which illuminate those cases. Although the main focus is recent case law from the major international tribunals and regional courts, the first four parts of each year's edition features expert articles by renowned scholars who address broader themes in current and future developments in international law and global policy, themes that appear throughout the case law of the many courts covered by the series as a whole. The Global Community Yearbook has thus become not just an indispensable window to recent jurisprudence: the series now also serves to prepare researchers for the issues facing emerging global law. The 2015 edition of The Global Community Yearbook both updates readers on the important work of long-standing international tribunals and introduces readers to more novel topics in international law. The Yearbook has established itself as an authoritative resource for research and guidance on the jurisprudence of both U.N.-based tribunals and regional courts. The 2015 edition continues to provide expert coverage of the Court of Justice of the European Union, and diverse tribunals from the criminal tribunals for the Former Yugoslavia and Rwanda, to economically based tribunals such as ICSID and the WTO Dispute Resolution panel. This edition includes expert introductory essays by prominent scholars in the realm of international law, on topics as diverse and current as the fusion of eastern and western civil disobedience to the concept of jus cogens. Included in the 2015 edition, researchers will find detailed guidance on a rich diversity of legal topics, from the concept of universal jurisdiction over international crimes and the increased push for transparency in resolution of international economic disputes to the issue of religion and multiculturalism in Europe through a focus on Islam. This edition also provides students, scholars, and practitioners alike a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates. This publication can also be purchased on a standing order basis.
Download or read book Law and Practice on Public Participation in Environmental Matters written by Uzuazo Etemire and published by Routledge. This book was released on 2015-07-20 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public participation has become a recurring theme and a topical issue in the field of international environmental law, with many multilateral environmental instruments calling on states to guarantee effectively the concept in their laws and practices. This book focuses on public participation in environmental governance, in terms of public access to environmental information and public participation in environmental decision-making processes. Drawing on the body of international best practice principles in environmental law and taking a comparative stance, Uzuazo Etemire takes Nigeria as a key case, evaluating its procedural laws and practices in relation to public access to information and participation in decision-making in environmental matters. In working to clarify and deepen understanding of the current status of environmental public participation rights in Nigeria, the book addresses key issues in environmental governance for developing and transitional countries and the potential for public participation to improve the state of the environment and public wellbeing. This book will be of great interest to undergraduate students (as further reading) and post-graduate students, academics, researchers, relevant government agencies and departments, policy-makers and NGOs in the fields of international environmental law, environmental justice, environmental/natural resource management, development studies and international finance.
Download or read book Research Handbook on EU Environmental Law written by Marjan Peeters and published by Edward Elgar Publishing. This book was released on 2020-06-26 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Environmental Democracy written by Michael Mason and published by Earthscan. This book was released on 2012 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through a wide range of case studies, Mason reveals just how sensitive we all must be to styles of power, vulnerability and resilience in any democratic transition to sustainability. This is a fine book.' Timothy O'Riordan, Professor of Environmental Science, University of East Anglia, and Associate Director, Centre for Social and Economic Research on the Global Environment. Civic self-determination and ecological sustainability are widely accepted as two of the most important public goals. This book explains how they can be combined. Using vivid and telling case studies from around the world, it shows how liberal rights can include both ecological and social conditions for collective decision-making - environmentalist goals and social justice can be achieved together. Integrating theory and original case studies, the book makes a very significant contribution to the fundamentals of how environmental democracy can be advanced at all levels. Cogently argued and engaged, Environmental Democracy provides a superb teaching text and a source of ideas and persuasive arguments for the politically and environmentally engaged. It will be essential reading for students, teachers and researchers in politics, policy studies, environmental studies, geography and social science.
