scispace - formally typeset
Search or ask a question
Topic

Environmental law

About: Environmental law is a research topic. Over the lifetime, 9487 publications have been published within this topic receiving 92224 citations. The topic is also known as: Environmental Law & Environmental law.


Papers
More filters
Book
17 Feb 1994
TL;DR: Susskind as discussed by the authors argues for "nearly self-enforcing" agreements that ensure compliance without threatening sovereignty and maintains that new institutional arrangements are within reach, and builds on the work of the Program on Negotiation at the Harvard Law School and the International Environmental Negotiation Network.
Abstract: Solutions to environmental problems require international cooperation, but global environmental treaty-making efforts, including the 1992 U.N.-sponsored Earth Summit in Brazil, have not accomplished much. International cooperation has been hampered by the conflicts between the developed nations of the North and the developing nations of the South; by the fact that science cannot accurately predict when or how environmental threats will materialize; and by the problem that the United Nations treaty-making system was never meant to handle threats to the environment. Lawrence Susskind looks at the weaknesses of the existing system of environmental treaty-making and the increasing role of non-governmental interests in environmental diplomacy. Environmental Diplomacy argues for "nearly self-enforcing" agreements that ensure compliance without threatening sovereignty and maintains that new institutional arrangements are within reach. Susskind builds on the work of the Program on Negotiation at the Harvard Law School and the International Environmental Negotiation Network to offer guidelines for more effective global agreements that provide for sustainable development.

255 citations

Book
28 Aug 1997
TL;DR: The birth and development of the principle of permanent sovereignty in international law is described in this paper, where the UN General Assembly as midwife is used as a mediator between the United Nations and the international community.
Abstract: List of boxes, figures and tables Preface Acknowledgements List of abbreviations List of main symbols used in UN documents Glossary Table of cases 1. Introduction Part I. The Birth and Development of the Principle: The UN General Assembly as Midwife: Introductory remarks to part I 2. The formative years (1945-1962) 3. Promoting economic development by the exercise of permanent sovereignty: the period after 1962 4. Permanent sovereignty, environmental protection and sustainable development 5. Permanent sovereignty over natural resources in territories under occupation or foreign administration Summary and appraisal of part I Part II. Natural-Resource Law in Practice: From Creeping National Jurisdiction Towards International Co-operation: Introductory remarks to part II 6. International investment law: from nationalism to pragmatism 7. The law of the sea: extension of control over marine resources 8. International environmental law: sovereignty versus the environment? Appraisal of part II Part III. Balancing Rights and Duties in an Increasingly Interdependent World: 9. Rights and claims: seeking evidence of recognition in international law 10. Duties: the other side of the coin 11. Sovereignty over natural resources as a basis for sustainable development Appendices Bibliography Index.

252 citations

Posted Content
TL;DR: In this article, the authors argue for a principled flexibility model of climate change adaptation law to pursue goals of increasing the resilience and adaptive capacity of social-ecological systems, and they lay out five principles and several sub-principles for the law of environmental regulation and natural resources management.
Abstract: While there is no question that successful mitigation strategies remain critical in the quest to avoid worst-case climate change scenarios, we've passed the point where mitigation efforts alone can deal with the problems that climate change is creating. Because of "committed" warming - climate change that will occur regardless of mitigation measures, a result of the already-accumulated greenhouse gases in the atmosphere - what happens to social-ecological systems over the next decades, and most likely over the next few centuries, will largely be beyond human control. The time to start preparing for these changes is now, by making adaptation part of a national climate change policy. Nevertheless, American law and policy are not keeping up with the need for adaptation, even though adapting law to a world of continuing climate change impacts will be a far more complicated task than addressing mitigation. Environmental and natural resources law, for example, are currently based on assumptions of ecological stationarity and pursue goals of preservation and restoration. Neither those assumptions nor those goals fit a world of continual, unpredictable, and nonlinear transformations of complex ecosystems - but that is the world that climate change impacts are creating. This Article argues for a principled flexibility model of climate change adaptation law to pursue goals of increasing the resilience and adaptive capacity of social-ecological systems. In so doing, it lays out five principles and several sub-principles for the law of environmental regulation and natural resources management. Structurally, this Article also strongly suggests that climate change adaptation law must be bi-modal: it must promote informed and principled flexibility when dealing with climate change impacts, especially impacts that affect baseline ecological conditions such as temperature and hydrology, while simultaneously embracing an unyielding commitment to precautionary regulation when dealing with everything else.

247 citations

MonographDOI
30 Sep 1994
TL;DR: In this article, a compilation of eight essays which attempt to capture current thought on a number of key conceptual, methodoligical, and practical issues is presented, covering a range of concerns including poverty and the environment; gender and ecosystem management; sociologist's, ecologist's and economist's approaches to sustainable development; the integration of environmental concerns into development policymaking; the World Bank's agenda for the environment, and an epilogue regarding the expansion of capital stock.
Abstract: Since the establishment of the Environment Department in 1987, the Bank has made a concentrated effort to incorporate environmental concerns into its lending and advisory activities In January of 1993 the Vice Presidency for Environmentally Sustainable Development (ESD) was created to take forward the incorporation of sustainability issues into all aspect's of Bank work This report is a compilation of eight essays which attempt to capture current thought on a number of key conceptual, methodoligical, and practical issues The collective authors cover a range of concerns including: poverty and the environment; gender and ecosystem management; the sociologist's, ecologist's and economist's approaches to sustainable development; the integration of environmental concerns into development policymaking; the World Bank's agenda for the environment; and an epilogue regarding the expansion of capital stock

238 citations

Book
30 Oct 2020
TL;DR: The legal status of directory principles of environmental law: from political slogans to normative principles is discussed in this paper, where the authors present a theoretical presentation of modern and post-modern environmental directing principles in the transition from modern to post modern law.
Abstract: General Introduction PART I: THE POLLUTER PAYS, PREVENTION AND PRECAUTIONARY PRINCIPLES: THREE APPROACHES TO ENVIRONMENTAL RISK Part I Introduction Chapter 1 The polluter-pays principle Chapter 2 The principle of prevention Chapter 3 The Precautionary principle Part I Conclusions PART II : THE LEGAL STATUS AND ROLE OF THE POLLUTER-PAYS, PREVENTIE AND PRECAUTIONARY PRINCIPLES : A SHIFT FROM MODERN TO POST-MODERN LAW Part II Introduction Chapter 4 Theoretical Presentation of Modern and Post-Modern Principles Chapter 5 The evolving function of environmental directing principles in the transition from modern to post-modern law Chapter 6 The legal status of the directory principles of environmental law: from political slogans to normative principles Chapter 7 Environmental directing principles versus free trade Part II Conclusions Apendix I: Table of Materials Bibliography Index

221 citations


Network Information
Related Topics (5)
Human rights
98.9K papers, 1.1M citations
76% related
Natural resource
28.2K papers, 583.8K citations
76% related
Legitimacy
26.1K papers, 565.9K citations
76% related
Corporate governance
118.5K papers, 2.7M citations
73% related
Sustainable development
101.4K papers, 1.5M citations
73% related
Performance
Metrics
No. of papers in the topic in previous years
YearPapers
2023187
2022414
2021152
2020283
2019349
2018338