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In Regional Cooperation in Amazonia: A Comparative Environmental Law Analysis, Maria Antonia Tigre provides a broad overview of the international, regional and national law applied to the Amazon rainforest and investigates efforts at regional cooperation for the protection of the Amazonian ecosystem. For the last four decades, cooperation among the eight countries in which the rainforest lies was primarily induced by the Amazon Cooperation Treaty (ACT). Originally adopted to ensure national sovereignty, the ACT gradually evolved towards a framework for sustainable development. Based on the challenges faced by the treaty and its subsequent instruments, Maria Antonia Tigre analyzes ways in which the ACT can be more effectively applied, leading to practical results that reduce deforestation. These specifically relate to the enforceability of the right to the environment, the implementation of protected areas, and the development of financial mechanisms to fund initiatives.
The United Nations has set in motion a process to discuss and potentially reach agreement on a Global Pact for the Environment. This book informs those discussions, providing a deep dive into the challenges that characterize international environmental law today as well as the necessary background on the past five decades during which these frameworks were created. The book also describes contemporary negotiations about how, and even whether, to clarify and strengthen the norms that guide us today. By providing a clear picture of the competing trajectories of the current state of the law and our environment, this book equips readers with the knowledge and confidence to shape the future evolution of international environmental law.
With a vast river network and rainforests extending over eight South American countries, the Amazon plays a vital role particularly in maintaining biodiversity and terrestrial carbon storage. Due to its ecological characteristics, the Amazon benefits not only those countries but also the international community at large. However, the Amazon forests are being rapidly cleared with a consequent loss of biodiversity and impact on global climate. This book examines whether international law has an impact on the preservation of the Amazon by inquiring into the forms of cooperation that exist among the Amazon countries, and between them and the international community, and to what extent international cooperation can help protect the Amazon. Given the role of this region in maintaining the balance of the global environment, the book examines whether the Amazon should be granted a special legal status and possible implications in terms of international cooperation.
Taking stock of all the major developments in the field of international environmental law, this text explores core assumptions and concepts, basic analytical tools and key challenges.
Softbound - New, softbound print book.
It is clear that international law is not yet equipped to handle the “ecological goods and services” that exist simultaneously within and outside of all states. The global commons have always been understood as geographical spaces that exist only outside the political borders of states. A vital good such as a stable climate exists both within and outside all states, and shows traditional legal approaches to be ecological nonsense. With the recent possibility of measuring and monitoring the state and functioning of the Earth System through the Planetary Boundaries framework, it is now possible to define a “Safe Operating Space of Humankind” corresponding to a biogeophysical state of E...
The Gabčíkovo-Nagymaros Judgment and its Contribution to the Development of International Law deconstructs one of the most influential ICJ Judgments and analyses its contributions to the law of treaties, the law of international responsibility, and the law of sustainable development in light of 20 years of subsequent developments in the international legal order.
This book analyses the legal challenges facing international cooperation on water management in the twenty-first century.
This book brings together a valuable collection of case studies and conceptual approaches that outline the present state of Amazonia in the 21st century. The many problems are described and the benefits, as well as the achievements of regional development are also discussed. The book focuses on three themes for discussion and recommendations: indigenous peoples, their home (the forest), and the way(s) to protect and sustain their natural home (biodiversity conservation). Using these three themes this volume offers a comprehensive critical review of the facts that have been the reality of Amazonia and fills a gap in the literature.The book will appeal to scholars, professors and practitioners...
Reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water, and land and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights, and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.