Environmental Governance and Sustainability

9781781000472 Edward Elgar Publishing

The IUCN Academy of Environmental Law series

Edited by Paul Martin, Director of the Australian Centre for Agriculture and Law, University of New England, Australia, and co-chair of the IUCN Academy of Environmental Law Research Committee, Li Zhiping, Law School, Sun Yat-Sen University, China, Qin Tianbao, Distinguished Professor of Law and Director, Research Institute of Environmental Law, Wuhan University, China, Anél du Plessis, Law Faculty Trust Chair, Department of Mercantile Law, Stellenbosch University, South Africa, Yves Le Bouthillier, Professor of Law, University of Ottawa, Canada and Angela Williams, Lecturer in Law, School of Law, University of Sussex, UK

Publication Date: April 2012 ISBN: 978 1 78100 047 2 Extent: 360 pp

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Critical Acclaim

Contributors

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This timely volume provides fascinating insights into emerging developments in the field of legal governance of the environment at a time when environmental governance is increasingly concerned with far more than legal doctrine.

The expert contributors are concerned with the totality of arrangements through which power and resources are deployed to protect and restore natural resources, and how the costs and benefits of this are allocated. They explore key issues such as: how the community exercises its democratic rights; how government responds to the needs of current and future generations and balances the interests of the powerful with the powerless; the freedoms and responsibilities of commerce and the holders of property; and the ways in which laws and policies are informed by science and other perspectives. The various ways in which legal scholarship is pivotal to good governance are thus highlighted, as is the extent of innovation being generated by current ecological, economic and social challenges.

Clearly demonstrating the increasing breadth and depth of environmental law scholarship, this thought-provoking book will prove an invaluable reference tool for academics, students and researchers focusing on environmental law and development.

Critical Acclaim

‘A unique publication that examines emerging and cutting-edge environmental issues from no less than seven countries including Africa and China. These issues are examined mainly from a trans-disciplinary environmental governance perspective that includes law, ecology, economics, policy and management. The contributors to the book include some exceptional young scholars. They, together with other contributors who are distinguished environmental legal experts, have advanced the scholarship of environmental governance.’
– Koh Kheng-Lian, National University of Singapore

Contributors

Contributors: A. Brower, Z. Chen, J.W. Dellapenna, A. Du Plessis, M.G. Faure, A. Gardner, N. Goeteyn, M. Hong, K. Jian, A. Kennedy, K. Khoday, R. Kibugi, F. Maes, P. Martin, M. Morel, J. Page, T. Qin, H. Wang, J. Williams, Y. Yanjie, H. Zhang

Contents

Contents:

Introduction: The Scholarship of Environmental Governance

PART I: THE ARCHITECTURAL DESIGN OF ENVIRONMENTAL GOVERNANCE
1. Instruments for Environmental Governance: What Works?
Michael G. Faure

2. Does (Property) Diversity Beget (Landscape) Sustainability?
John Page and Ann Brower

3. Creating Next Generation Rural Landscape Governance: The Challenge for Environmental Law Scholarship
Paul Martin, Jacqueline Williams and Amanda Kennedy

PART II: GOVERNANCE INNOVATION IN CHINA
4. Constitutionalism and the Environment: The Evolution of Environmental Governance in China’s Socialist Market Economy
Kishan Khoday

5. Toward a More Effective Environmental Criminal Law in China
Michael G. Faure and Hao Zhang

6. A Feasible Approach to Environmental Public Interest Litigation: The People’s Procuratorate as Plaintiff
Mei Hong and Yin Yanjie

7. Environmental E-governance in China: Insights from Government-citizen Interaction
Qin Tianbao and Wang Huanhuan

PART III: THE INTERSECTION OF ECONOMICS AND SOCIAL JUSTICE AROUND WATER LAWS
8. Global Climate Disruption and Water Law Reform in the United States
Joseph W. Dellapenna

9. The Legal Protection of Ramsar Wetlands: Australian Reforms
Alex Gardner

10. Drinking Water Security in China: A Critical Justice Issue
Ke Jian

PART IV: LINKING LOCAL AND INTERNATIONAL LEGAL INNOVATIONS
11. The Quest for a World Environment Organization: Reflections on a Failing Debate as an Input for Future Improvement
Nils Goeteyn and Frank Maes

12. Human Rights Law, Refugee and Migration Law, and Environmental Law: Exploring their Contributions in the Context of ‘Environmental Migration’
Michèle Morel

13. Climate Change: Legal Impediments to Technology Transfer
Zhou Chen

14. Implementing Stewardship in Kenyan Land Use Law: The Case for a Sustainability Extension
Robert Kibugi

Index