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environmental Law
The body of official legal rules, decisions, and actions that relate to environmental quality, natural resources, and ecological sustainability.
environmental law Quick reference
A Dictionary of Environment and Conservation (3 ed.)
... law The body of official legal rules, decisions, and actions that relate to environmental quality , natural resources , and ecological sustainability...
Environmental Law Reference library
Encyclopedia of Global Change
...environmental law. Yet international environmental law also reflects domestic experiences considered successful by the community of nations. The result is a complex relationship where both levels of environmental law mutually contribute and reinforce each other. This section deals with domestic environmental law. The next section will discuss international environmental law. Early developments Environmental law is a relatively new field; other branches of law have historically been used to remedy environmental problems. In the common-law system, tort law...
Environmental Law Reference library
The Oxford Companion to Global Change
...to the development of domestic environmental law, but international environmental law also reflects domestic experiences considered successful by the community of nations. The result is a complex relationship in which the two spheres of environmental law reinforce each other. Early developments Environmental law is a relatively new field, and other branches of law have historically been used to remedy environmental problems. In the common-law system, tort law—which provides remedies for harm caused by one individual to another—provided the necessary legal...
Environmental Law Reference library
The Oxford Companion to American Law
... Law United States Environmental Law International Environmental Law in the U.S . Environmental Law: United States Environmental Law Environmental law has grown, from a sparse set of common-law precedents and local ordinances, to encompass a vast body of national regulatory legislation to protect human health and to preserve natural resources for future generations. Numerous federal and state agencies now implement these laws through regulations that affect virtually every aspect of our economic lives ( see economics and law ). The global growth...
Environmental law Reference library
The Oxford Companion to the High Court of Australia
...purely as ‘environmental law’. Rather, the so-called environmental law cases can be so described only because of the facts from which the legal issues emerge. While the facts have concerned environmental protection, the legal issues have been those of other, familiar areas of substantive law. Thus, the leading cases that typically appear in environmental law textbooks will invariably be equally at home in texts on constitutional law ( Murphyores v Commonwealth ( 1976 ) and the Tasmanian Dam Case ( 1983 ); administrative law ( Sinclair v...
environmental law Reference library
Australian Law Dictionary (3 ed.)
...environmental law A broad field of law and legislation encompassing biodiversity protection, notably protection of species and their communities (the green issues ); pollution control , and specific issues such as the management of contaminated sites (the brown issues ); and natural resource management such as regulation of access to water; soil conservation and native vegetation management; and emerging issues such as dealing with climate change and sustainability. In Australia the environment is regulated by all levels of government, although there...
Environmental Law Reference library
The Oxford International Encyclopedia of Legal History
... Law . [This entry contains three subentries, on environmental law in English common law, in Indian law, and in United States law.] English Common Law The common law protected environmental interests from at least the twelfth century. Environmental harms affecting individual landowners’ interests, such as pollution, could be protected by private nuisance actions, which were a very common type of action in both the local and the royal courts of medieval England. The nuisance writs in the royal courts were originally actions to protect the possession...
Environmental Law Reference library
Gerald Torres
The Oxford Encyclopedia of Latinos and Latinas in Contemporary Politics, Law, and Social Movements
...climate change in addition to other kinds of environmental protection. Background Environmental racism is defined by activists as the “disproportionate impact of environmental hazards on people of color” ( Bonner, 2012 ). The EPA defines environmental justice as “the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.” Environmental justice as a national issue gained prominence in...
environmental law, international Reference library
Encyclopaedic Dictionary of International Law (3 ed.)
... law, international ‘International environmental law is complex and vast, comprising hundreds of global and regional norms that aim to protect the earth's living and non-living elements and ecological processes’: Kiss and Shelton, International Environmental Law (3rd ed.), 1. Based on the increased awareness of the fragility of the environment and the dangers posed by the introduction of harmful substances and the over-utilization of natural resources, and said by some to be based on an extensive interpretation of the award in the landmark Trail...
Education, Environmental Law Reference library
Catherine P. MACKENZIE
Berkshire Encyclopedia of Sustainability
...criminal law, and the law of armed conflict. Curriculum Environmental law is one aspect of state, national (in the United States, federal), and international law and is usually studied in those contexts. A law school may, for example, offer courses on the environmental laws of its own state, national (federal) environmental law, and international environmental law. Within the European Union ( EU ), the environmental law of the EU is often offered. Schools with extensive environmental law curricula often subdivide environmental law further according...
Environmental Law—China Reference library
Jingjing LIU and Adam MOSER
Berkshire Encyclopedia of Sustainability
...environmental governance with democratic and rule of law characteristics. Jingjing LIU and Adam MOSER Vermont Law School See also Development, Sustainable—Overview of Laws and Commissions ; Enforcement ; Environmental Law (several articles: East Asia ; India and Pakistan ; Southeast Asia ) ; International Law ; Polluter Pays Principle ; Tort Law Further Readings Behr, Volker . (2007). Development of a new legal system in the PRC. Louisiana Law Review , 67 , 1161. Chen, Jianfu . (2008). Chinese law: Context...
international environmental law Reference library
The New Oxford Companion to Law
...environmental law International environmental law is one of the more recent areas of development in international law . It is an area of law marked by the application of principles which have evolved in the environmental law context, such as the precautionary principle and the no‐harm principle; but it also forms part of, and draws on, the general body of international law dealing with such issues as the sources of international law, state jurisdiction and state responsibility. It is thus part and parcel of international law and not an entirely...
Environmental Law—Israel Reference library
David B. SCHORR
Berkshire Encyclopedia of Sustainability
...; Convention on Wetlands ; Environmental Law—Arab Region ; Enforcement ; International Law ; Transboundary Water Law Further Readings Alfasi, Nurit . (2006). Planning policy? Between long-term planning and zoning amendments in the Israeli planning system. Environment and Planning A , 38 , 553–568. Laster, Richard . (1993). Environmental law in Israel. In International encyclopaedia of laws. New York: Kluwer Law International. Laster, Richard , & Livney, Dan . (2009). Israel: The evolution of water law and policy. In Joseph W....
International Environmental Law Reference library
Chenaz B. Seelarbokus
The International Studies Encyclopedia
...information on the courts and tribunals operating in Africa. UNEP’s Division of Environmental Law and Conventions ( DELC ). At www.unep.org/DEC/ , accessed Nov. 2, 2009. The site provides information on the various environmental law instruments, and major publications on the theme of environmental law (e.g., the Montevideo Programme for the Development and Periodic Review of Environmental Law). Environmental Law Alliance Worldwide. At www.elaw.org/ , accessed Nov. 2, 2009. This site provides numerous legal resources on a regional basis (e.g.,...
Environmental Law—Antarctica Reference library
Alan D. HEMMINGS
Berkshire Encyclopedia of Sustainability
...the present Antarctic environmental law arrangements. The ocean south of the ACPF, historically referred to as the Southern Ocean, is the area of application of the Convention for the Conservation of Antarctic Marine Living Resources ( CCAMLR ). Accordingly, the CCAMLR boundary provides a useful working border for our consideration of Antarctica. (See figure 1 .) Three clusters of law apply interactively in the area: metropolitan law of individual states; globally applicable international law, such as the U.N. Convention on the Law of the Sea ( UNCLOS...
Environmental Law—Europe Reference library
Thilo MARAUHN and Ayse Martina BOEHRINGER
Berkshire Encyclopedia of Sustainability
...over national law. It has been confirmed many times by the Court of Justice of the European Union, which ensures that the law is observed in the application of the treaties ( TEU 1992 , Article 19). In the case of a conflict between EU law and the law of a member state, EU enjoys precedence, so that the law of a member state may not be applied. History of EU Environmental Law In the early years of European integration ( 1958–1972 ), the European Economic Community ( EEC ) Treaty did not include any specific reference to environmental protection....
Environmental Law—Arctic Reference library
Timo KOIVUROVA
Berkshire Encyclopedia of Sustainability
...there are similarities in their climate, it is also clear that environmental law is confronted with similar types of challenges and it is useful to look to the Antarctic for inspiration when devising environmental protection and law in the Arctic. Legal Structure in the Arctic Environmental protection is a complex issue in the Arctic because the competence is divided between various levels of governance, and these governance structures need to take into account international environmental law requirements. The three federal states—the Russian Federation,...
European Union environmental law Reference library
The New Oxford Companion to Law
...as laws relating to access to environmental information and strategic environmental assessment. As a body of law it is made up of two overlapping sets of law and policy—harmonized law and policy and laws limiting the power of Member States to pass environmental laws. EU environmental law is the product of two catalysts. First, the development of EU environmental law was a spill‐over from the process of market integration between the Member States. This is because having different environmental laws in different Member States creates barriers to free movement...
Environmental Law—East Asia Reference library
Jeffrey BROADBENT, Koichi HASEGAWA, Dowan KU, Taehyun PARK, Yu-Ju CHIEN, and Jun JIN
Berkshire Encyclopedia of Sustainability
...), Law on Prevention and Control of Water Pollution ( 1984 ), Forestry Law ( 1984 ), Grassland Law ( 1985 ), Law on Mineral Resources ( 1986 ), and Law on the Protection of Wildlife ( 1989 ). In the 1990s, China enacted the Law on Prevention and Control of Environmental Pollution by Solid Waste ( 1996 ) and the Law on Prevention and Control of Pollution from Environmental Noise ( 1997 ). In the 2000s, China enacted the Law on Prevention and Control of Atmospheric Pollution ( 2000 ), Law on Desert Prevention and Transformation ( 2002 ), Law on Environmental...
Environmental Law—South America Reference library
Renata Campetti AMARAL, Alejandra BUGNA, Gustavo BORUCHOWICZ, Alessandro De Franceschi DA CRUZ, Antonio ORTUZAR, Jr., María Eugenia REYES, María Victoria ROMERO, and Cristina RUEDA
Berkshire Encyclopedia of Sustainability
...of environmental law. After the 1994 constitutional reform, eighteen international treaties were ratified, and eleven substantial environmental laws and regulations were enacted, including the Protocol for the Environmental Protection of the Antarctic Territory, the International Treaty on Substances that Affect the Ozone Layer, and the General Law on the Protection of the Argentine Environment, its Waters and Native Forests. These laws have provided environmental principles generating diverse obligations. Some examples include conducting environmental...
