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International Yearbook of Soil Law and Policy 2018
This book presents an important discussion on urbanization and sustainable soil management from a range of perspectives, addressing key topics such as sustainable cities, soil sealing, rehabilitation of contaminated soils, property rights and liability issues, as well as trading systems with regard to land take. This third volume of the International Yearbook of Soil Law and Policy is divided into four parts, the first of which explores several aspects of the topic “urbanization and sustainable management of soils.” The second part then covers recent international developments, while the third part presents regional and national reports, and the fourth discusses cross-cutting issues. Given the range of key topics covered, the book offers an indispensible tool for all academics, legislators and policymakers working in this field. The “International Yearbook of Soil Law and Policy” series discusses central questions in law and politics with regard to the protection and sustainable management of soil and land – at the international, national and regional level.
The Future of Environmental Law
Environmental law is evolving from negotiating and prescribing environmental policies to enforcing time-bound, measurable and achievable goals in order to secure a sustainable future. This pertinent and thought-provoking book analyzes the legal instruments that have been successful in working towards requisite targets for ecological sustainability. Featuring contributions from leading scholars, this insightful book discusses the future challenges and innovative applications of environmental law to assist in achieving sustainability goals in an efficient and timely manner.
Democracy and Executive Power
A defense of regulatory agencies’ efforts to combine public consultation with bureaucratic expertise to serve the interest of all citizens The statutory delegation of rule-making authority to the executive has recently become a source of controversy. There are guiding models, but none, Susan Rose-Ackerman claims, is a good fit with the needs of regulating in the public interest. Using a cross-national comparison of public policy-making in the United States, the United Kingdom, France, and Germany, she argues that public participation inside executive rule-making processes is necessary to preserve the legitimacy of regulatory policy-making.
Überindividueller Rechtsschutz
Rechtsbehelfe, die unabhängig von der Verletzung eines subjektiven Rechts erhoben werden können, erschüttern das bewährte deutsche Individualrechtsschutzsystem, in dem grundsätzlich nur zur gerichtlichen Klage befugt ist, wer eine Verletzung eigener Rechte geltend machen kann. Ganz entscheidend verantwortlich für diese überindividuellen Klagebefugnisse ist das Gemeinschaftsrecht, das die EU-Mitgliedstaaten im Umwelt-, Sozial- und Verbraucherschutzrecht zur Einführung überindividueller Rechtsbehelfe verpflichtet. Sabine Schlacke untersucht neben dem Umweltrecht als Referenzgebiet sämtliche überindividuellen Klagebefugnisse im öffentlichen Recht sowie vergleichbare zivilrechtliche Regelungen. Sie zeigt, dass überindividuellen Klagebefugnissen keine punktuelle oder bereichsspezifische, sondern eine grundlegende Bedeutung für die deutsche und europäische Rechtsordnung zukommt.
Creation - Transformation - Theology
The social and cultural challenges posed by the increasing threat to creation (climate change, destruction of biodiversity, etc.) are the starting point for new philosophical-ethical and theological reflections on the relationship between God, human beings and the world, as presented in this volume. God's creative impulse, which transforms anew, is at work in the actions of human beings and challenges us, in view of the threat to the "house of life" earth, to go new ways that make a common and good life possible. Creation and transformation are interrelated; an ecological theology of creation and practice of sustainability to be developed in the European context is to be embedded in the horizon of a global, liberating theology.
Green Crimes and International Criminal Law
‘Green Crimes and International Criminal Law’ examines crimes against the environment, which impact not only humans, but also wildlife and ecosystems more generally. A significant point of discussion in the volume is whether green crimes can fit effectively into existing international criminal law frameworks or not. Chapter authors explore these crimes from both a definitional and theoretical perspective and in various contexts in different parts of the world, questioning whether these violations have led to or are violations of international criminal law. While the recognition of green crimes in the international criminal law community has been slow, it has increasingly gained widesprea...
The Actors of Postnational Rule-Making
Despite its centrality to academic discussions of power and influence, there is little consensus in legal scholarship over what constitutes an actor in rule-making. This book explores the range of actors involved in rule-making within European Union law and Public International law, and focuses especially on actors that are often overlooked by formative and doctrinal approaches. Drawing together contributions from many scholars in various fields the book examines such issues as the accommodation of new actors in the process of postnational rule-making, the visibility or covertness of actors within the process, and the role of social acceptance and legitimacy in postnational rule-making. In its endeavour to render and examine the work and effect of actors often side-lined in the study of postnational rule-making, this book will be of great use and interest to students and scholars of EU law, international law and socio-legal studies.
Sustainability through Participation?
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.
Marine Genetic Resources, Access and Benefit Sharing
Access to genetic resources and Benefit Sharing (ABS) has been promoted under the Convention on Biological Diversity, with the aim of combining biodiversity conservation goals with economic development. However, as this book shows, since its inception in 1992, implementation has encountered multiple challenges and obstacles. This is particularly so in the marine environment, where interest in genetic resources for pharmaceuticals and nutrients has increased. This is partly because of the lack of clarity of terminology, but also because of the terms of the comprehensive law of the sea (UNCLOS) and transboundary issues of delineating ownership of marine resources. The author explains and compa...
