Paperback
The Future of Environmental Law
Ambition and Reality
9781035358304 Edward Elgar Publishing
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.
More Information
Critical Acclaim
Contributors
Contents
More Information
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. Chapters focus on topics such as the role of international environmental law in the interpretation of human rights, the legal dimension of sustainability, and the proliferation of offshore renewable energy in European seas. The book concludes by analyzing some key international case studies, including the issue of salinization from a legal perspective in the Netherlands, and the relevance of groundwater for the development of the Brazilian semiarid region.
Providing a comparative environmental law outlook which is both ambitious and realistic, this book will be essential reading for students, scholars, and researchers in environmental law, public international law, responsible consumption, and sustainable cities and communities. This book will also be of interest to policy makers and government officials working towards the sustainable development goals.
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. Chapters focus on topics such as the role of international environmental law in the interpretation of human rights, the legal dimension of sustainability, and the proliferation of offshore renewable energy in European seas. The book concludes by analyzing some key international case studies, including the issue of salinization from a legal perspective in the Netherlands, and the relevance of groundwater for the development of the Brazilian semiarid region.
Providing a comparative environmental law outlook which is both ambitious and realistic, this book will be essential reading for students, scholars, and researchers in environmental law, public international law, responsible consumption, and sustainable cities and communities. This book will also be of interest to policy makers and government officials working towards the sustainable development goals.
Critical Acclaim
‘What is the future of environmental law? You might find answers, and at least insightful hints, from this wonderful literature. This book examines, based on analysis of previous experiences of environmental law, the possible challenges and innovative development of environmental law at international, regional and national levels. I believe the book could provide valuable insights to decision-makers and academia.’
– Tianbao Qin, Wuhan University, China
‘This important collection shows how environmental law has made many advances over the past decades, but that it does not adequately protect the planet yet. A wide range of excellent contributions covering many topics show a way forward towards more effective environmental law.’
– Jonathan Verschuuren, Tilburg Law School, the Netherlands
– Tianbao Qin, Wuhan University, China
‘This important collection shows how environmental law has made many advances over the past decades, but that it does not adequately protect the planet yet. A wide range of excellent contributions covering many topics show a way forward towards more effective environmental law.’
– Jonathan Verschuuren, Tilburg Law School, the Netherlands
Contributors
Contributors: Edwin Alblas, Patryck Ayala, Tatia Brunings, Mariana Coelho, Trevor Daya-Winterbottom, Kars J. de Graaf, Megan Donald, Monika Feigerlová, Nikolaos Giannopoulos, Alexandru Gociu, José Juan González Márquez, Ida Helene Groninga, Kazuki Hagiwara, Sonja Kahl, Heloísa Oliveira, Jose Irivaldo Alves Oliveira Silva, Annalies Outhuijse, Vonintsoa Rafaly, Suyapratim Roy, Masrur Salekin, Stefan E. Weishaar
Contents
Contents:
1 Introduction to The Future of Environmental Law 1
Kars J. de Graaf and Stefan E. Weishaar
PART I THE PROFOUND ROLE OF INTERNATIONAL LAW
2 Governing the ocean in the Anthropocene era: area-based
management as a tool to promote the socialisation of the
law of the sea 14
Vonintsoa Rafaly
3 An insufficient tool for sustainable development:
limitations of systemic integration under Article 31(3)(c)
of the Vienna Convention on the Law of Treaties 30
Kazuki Hagiwara
4 The role of principles of international environmental law
in greening the interpretation of human rights: the case of
the UN Committee on Economic, Social and Cultural Rights 49
Megan Donald
PART II LEGAL PERSPECTIVES ON SUSTAINABILITY
5 The legal dimension of sustainability 66
José Juan González Márquez
6 Sustainable management: political slogan or legal norm? 85
Trevor Daya-Winterbottom
7 In doubt when in favour of nature? Taking science
seriously in the Anthropocene epoch 104
Mariana Coelho and Patryck Ayala
8 The principle of reparation: why the polluter-pays
principle does not suffice and how to rebuild the law on
environmental damage 121
Heloísa Oliveira
PART III ENERGY
9 Renewables under the scrutiny of international investment
law: the feed-in tariff 141
Monika Feigerlová
10 The proliferation of offshore renewable energy in
European seas: the regulatory challenges of emerging
technologies for EU environmental law 158
Nikolaos Giannopoulos
11 Environmental litigation before regional economic courts
in Africa and Latin America 178
Sonja Kahl
12 The national green tribunal model to ensure environmental
justice through collaboration 196
Masrur Salekin
13 People v Arctic Oil: Context, Judgment and Takeaways
for Future Climate Litigation 215
Suryapratim Roy and Alexandru Gociu
PART IV CASE STUDIES
14 A major future challenge for environmental law: salinization 236
Annalies Outhuijse, Tatia Brunings, and Ida Helene Groninga
15 Bringing nature back to agricultural land: bridging
ambition and reality in agri-environmental governance 252
Edwin Alblas
16 Groundwater relevance for Brazilian semiarid
development in the northeast: the need for protective
environmental laws 271
Jose Irivaldo Alves Oliveira Silva
Index
1 Introduction to The Future of Environmental Law 1
Kars J. de Graaf and Stefan E. Weishaar
PART I THE PROFOUND ROLE OF INTERNATIONAL LAW
2 Governing the ocean in the Anthropocene era: area-based
management as a tool to promote the socialisation of the
law of the sea 14
Vonintsoa Rafaly
3 An insufficient tool for sustainable development:
limitations of systemic integration under Article 31(3)(c)
of the Vienna Convention on the Law of Treaties 30
Kazuki Hagiwara
4 The role of principles of international environmental law
in greening the interpretation of human rights: the case of
the UN Committee on Economic, Social and Cultural Rights 49
Megan Donald
PART II LEGAL PERSPECTIVES ON SUSTAINABILITY
5 The legal dimension of sustainability 66
José Juan González Márquez
6 Sustainable management: political slogan or legal norm? 85
Trevor Daya-Winterbottom
7 In doubt when in favour of nature? Taking science
seriously in the Anthropocene epoch 104
Mariana Coelho and Patryck Ayala
8 The principle of reparation: why the polluter-pays
principle does not suffice and how to rebuild the law on
environmental damage 121
Heloísa Oliveira
PART III ENERGY
9 Renewables under the scrutiny of international investment
law: the feed-in tariff 141
Monika Feigerlová
10 The proliferation of offshore renewable energy in
European seas: the regulatory challenges of emerging
technologies for EU environmental law 158
Nikolaos Giannopoulos
11 Environmental litigation before regional economic courts
in Africa and Latin America 178
Sonja Kahl
12 The national green tribunal model to ensure environmental
justice through collaboration 196
Masrur Salekin
13 People v Arctic Oil: Context, Judgment and Takeaways
for Future Climate Litigation 215
Suryapratim Roy and Alexandru Gociu
PART IV CASE STUDIES
14 A major future challenge for environmental law: salinization 236
Annalies Outhuijse, Tatia Brunings, and Ida Helene Groninga
15 Bringing nature back to agricultural land: bridging
ambition and reality in agri-environmental governance 252
Edwin Alblas
16 Groundwater relevance for Brazilian semiarid
development in the northeast: the need for protective
environmental laws 271
Jose Irivaldo Alves Oliveira Silva
Index
