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The quality and the strength of an environmental legal system is a reflection of the conceptual foundations upon which it is constructed. The Research Handbook on Fundamental Concepts of Environmental Law illuminates key aspects of environmental governance through the lens of their underlying dimensions: for example, the form, structure and language of international, regional and national instruments; the function of norms, objectives and standards; and the relevance of economic analysis and of integrated policy formulation. The topical chapters in this timely Handbook include analyses of human rights, constitutional rights, property rights, sustainable development, environmental impact assessment and precaution. Perceptive contributions examine the emerging roles played by various concepts, values and objectives in environmental governance. The nature of these emerging concepts and their relationship with traditional rights and duties, which are typically reactive in nature, is of particular significance. The concepts examined go to the heart of environmental law: the capacity of a system of environmental governance to be judicially recognized and enforced.This insightful Handbook will be a valuable resource for all students and researchers in environmental law and governance. It will be essential reading for policymakers, legal drafters and anyone needing to understand the foundations of the modern environmental legal system.
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Attending to the 'Cry of the Earth' requires a critical appraisal of how we conceive our relationship with the environment, and a clear vision of how to apprehend it in law and governance. Addressing questions of participation, responsibility and justice, this collective endeavour includes marginalised and critical voices, featuring contributions by leading practitioners and thinkers in Indigenous law, traditional knowledge, wild law, the rights of nature, theology, public policy and environmental humanities.Such voices play a decisive role in comprehending and responding to current global challenges. They invite us to broaden our horizon of meaning and action, modes of knowing and being in the world, and envision the path ahead with a new legal consciousness. A valuable reference for students, researchers and practitioners, this book is one of a series of publications associated with the Earth System Governance Project. For more publications, see www.cambridge.org/earth-system-governance.
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