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The Role of the Judiciary in Environmental Governance
This important book investigates the environmental legal frameworks, court structures and relevant jurisprudence of nineteen countries, representing legal systems and legal cultures from a diverse array of countries situated across the globe. In doing so, it distils comparative trends, new developments, and best practices in adjudication endeavours, highlighting the benefits and shortcomings of the judicial approach to environmental governance.
Empowering Communities?
The changes in representation, participation, and ongoing reforms in the local government of New Zealand over the past two decades are discussed in this book. Contributors include both observers and participants in local government -- from academics and people involved in policy development to advocates for the sector and the workers themselves.
New Models for Ecosystem Dynamics and Restoration
As scientific understanding about ecological processes has grown, the idea that ecosystem dynamics are complex, nonlinear, and often unpredictable has gained prominence. Of particular importance is the idea that rather than following an inevitable progression toward an ultimate endpoint, some ecosystems may occur in a number of states depending on past and present ecological conditions. The emerging idea of “restoration thresholds” also enables scientists to recognize when ecological systems are likely to recover on their own and when active restoration efforts are needed. Conceptual models based on alternative stable states and restoration thresholds can help inform restoration efforts....
Sustainable Development As a Principle of International Law
This volume provides a framework for the doctrinal foundation of sustainable development as a principle of integration in international law. The work departs from the fragmented nature of the international legal system, a system that lacks integrative principles for creating coherent relations between, for example, the international trade regime of the WTO and multilateral environmental agreements. The specific focus is on a legal analysis of potential normative conflicts between climate measures as regulated by the UNFCCC and the Kyoto Protocol, in particular the flexibility instruments of international emissions trading and the Clean Development Mechanism, and the rules of the WTO. Attenti...
Property Rights and Sustainability
Published with the support of The New Zealand Law Foundation. As collapses and crises involving ecological systems, economic and financial management and international governance increase, the need for bold alternatives to traditional economic and legal responses has never been more urgent. Property concepts are an important element in the interaction between humans and the natural environment. An important driver of ecological harm, property concepts can also become a powerful tool for responding to ecological problems in ways that have so far eluded both government regulators and markets. Going beyond the traditional critiques of liberal property theories, Property Rights and Sustainabilit...
Plan-making for Sustainability
Cover -- Half Title -- Title Page -- Copyright Page -- Table of Contents -- List of Figures -- List of Tables -- Notes on Authors -- Foreword -- Preface -- Acknowledgements -- Glossary of Māori Terms -- Abbreviations -- Introduction: From Rio to RMA: Great Expectations -- PART 1: APPROACHES TO PLANNING AND GOVERNANCE -- 1 Planning Mandates: From Theory to Practice -- 2 Making Plans: From Theory to Practice -- PART 2: INTERGOVERNMENTAL PLANNING IN NEW ZEALAND -- 3 Central Government: Walking the Talk -- 4 Regional Government: A Non-Partner -- 5 Māori Interests: Elusive Partnership -- PART 3: PLAN QUALITY AND CAPABILITY UNDER THE RMA -- 6 Regional Councils: Lightweight Policy Statements and ...
Tort Law in New Zealand
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in New Zealand. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The ...
