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Contents
- Preliminary Material
- Acknowledgements
- Contents
- Table of Cases
- International Cases
- Domestic Cases
- Australia
- Austria
- Bangladesh
- Belgium
- Botswana
- Brazil
- Canada
- China
- Colombia
- Cyprus
- Dominican Republic
- European Union
- Finland
- France
- Germany
- Greece
- India
- National Green Tribunal
- Indonesia
- Italy
- Japan
- Kenya
- Mexico
- Nepal
- Netherlands
- New Zealand
- Pakistan
- Philippines
- Singapore
- South Africa
- South Korea
- Spain
- Sri Lanka
- Switzerland
- United Kingdom
- United States
- Table of Legislation
- International Instruments
- Domestic Instruments
- Angola
- Argentina
- Australia
- Austria
- Belgium
- Bolivia
- Brazil
- Canada
- Chile
- China
- Costa Rica
- Czech Republic
- Denmark
- Dominican Republic
- Ecuador
- Egypt
- European Union
- Finland
- France
- Germany
- Guatemala
- India
- Indonesia
- Ireland
- Italy
- Ivory Coast
- Japan
- Greece
- Kenya
- Malaysia
- Mexico
- Netherlands
- New Zealand
- Peru
- Norway
- Poland
- Portugal
- Singapore
- South Africa
- South Korea
- Spain
- Sweden
- Switzerland
- Thailand
- Turkey
- Uganda
- United Kingdom
- United States
- Venezuela
- Vietnam
- Zimbabwe
- List of Contributors
- Abbreviations
- Main Text
- Framing comparative environmental law
- Ch.1 Comparative Environmental Law: Structuring a Field
- Preliminary Material
- 1.1 Overview
- 1.2 Comparative Law Methodologies
- 1.2.1 Preliminary Observations
- 1.2.2 The Historical Setting: Descriptive and Evolutionary Approaches
- 1.2.3 The Conceptual Approach
- 1.2.4 The Functionalist Approach
- 1.2.5 The Factual Approach
- 1.2.6 Legal Formants
- 1.2.7 The Contextualist Approach
- 1.2.8 Legal Transplants
- 1.2.9 From Comparative Method to Comparative Environmental Law
- 1.3 Methodologies Proposed by Environmental Lawyers
- 1.4 The Methodological Approach Followed in this Volume
- 1.5 Concluding Remarks: Structuring a Field
- 1.6 Acknowledgements
- 1.7 Selected Bibliography
- Ch.2 Value in Comparative Environmental Law—3D Cartography and Analytical Description
- Ch.1 Comparative Environmental Law: Structuring a Field
- Part I Country Studies
- Ch.3 Australia
- Preliminary Material
- 3.1 Introduction
- 3.2 The Distribution of Powers in Environmental Governance
- 3.3 The Structure and Substance of Environmental Law
- 3.4 The Implementation Framework
- 3.5 Conclusion
- 3.6 Selected Bibliography
- Ch.4 Brazil
- Preliminary Material
- 4.1 Introduction
- 4.2 Constitutional Foundations and Federalism
- 4.3 Structure and Substance of Environmental Law in Brazil
- 4.3.1 Development of Environmental Law in Brazil
- 4.3.2 Major Statutes and Bodies of Law
- 4.3.2.1 National Environmental Policy Act of 1981 (Lei 6938/81)
- 4.3.2.2 Environmental Impact Assessment (CONAMA Regulation No. 1 of 1986 and No. 237 of 1997)
- 4.3.2.3 The 2012 Forest Code
- 4.3.2.4 Protected Areas (2000)
- 4.3.2.5 Environmental Crimes (1998)
- 4.3.2.6 Additional Environmental Statutes—Water Law, Climate Change, and Solid Waste
- 4.4 Implementation: The Critical Challenge
- 4.5 Law in Action: Deforestation and Land Use Change in the Amazon
- 4.6 Conclusion
- 4.7 Selected Bibliography in English
- Ch.5 Canada
- Ch.6 People’s Republic of China
- Ch.7 The European Union
- Ch.8 France
- Ch.9 Germany
- Preliminary Material
- 9.1 Introduction: The Characteristics of German Environmental Law
- 9.2 Allocation of Powers
- 9.3 Structure and Substance of Environmental Law
- 9.4 Implementation Framework
- 9.5 Conclusion
- 9.6 Acknowledgements
- 9.7 Selected Bibliography
- Ch.10 India
- Preliminary Material
- 10.1 Overview
- 10.2 Allocation of Powers
- 10.3 Structure and Substance of Environmental Law
- 10.3.1 The Importance of Policy
- 10.3.2 Legislative Framework
- 10.3.2.1 The Water (Prevention and Control of Pollution) Act, 1974
- 10.3.2.2 The Water (Prevention and Control of Pollution) Cess Act, 1977
- 10.3.2.3 The Air (Prevention and Control of Pollution) Act, 1981
- 10.3.2.4 The Wildlife (Protection) Act, 1972
- 10.3.2.5 The Forest (Conservation) Act, 1980
- 10.3.2.6 The Environment (Protection) Act, 1986
- 10.3.2.7 The Public Liability Insurance Act, 1991
- 10.4 Implementation Framework
- 10.4.1 The Ministry of Environment, Forests, and Climate Change
- 10.4.2 Central Pollution Control Board
- 10.4.3 State Pollution Control Boards (SPCBs)
- 10.4.4 Key Challenges
- 10.4.5 Role of the Judiciary
- 10.5 Conclusion
- 10.6 Selected Bibliography
- Ch.11 Indonesia
- Ch.12 Japan
- Ch.13 Mexico
- Ch.14 Singapore
- Preliminary Material
- 14.1 Introduction
- 14.2 Constitutional and Environmental Infrastructure
- 14.3 Structure and Substance
- 14.4 Administrative and Judicial Framework
- 14.5 Conclusion
- 14.6 Selected Bibliography
- Ch.15 South Africa
- Ch.16 South Korea
- Ch.17 United Kingdom
- Ch.18 United States of America
- Preliminary Material
- 18.1 Overview
- 18.2 Allocation of Powers
- 18.3 Structure and Substance of Environmental Law
- 18.4 Implementation Framework
- 18.5 Conclusion
- 18.6 Selected Bibliography
- Ch.3 Australia
- Part II Problems
- Ch.19 Atmospheric Pollution
- Preliminary Material
- 19.1 Atmospheric Pollution: Definition and Legal Boundaries
- 19.2 Air Pollution Control in a Transboundary Context
- 19.3 Leading Models of Regulatory Intervention and Areas of Activity
- 19.4 Comparative Assessment of Some Selected Air Pollution Issues
- 19.5 Conclusion
- 19.6 Acknowledgements
- 19.7 Select Bibliography
- Ch.20 Environmental Regulation of Freshwater
- Preliminary Material
- 20.1 Overview
- 20.2 Water Pollution Control
- 20.3 The recognition of environmental flows
- 20.4 The Protection of Wetlands
- 20.5 Trends in the Environmental Regulation of Freshwater
- 20.6 Select Bibliography
- Ch.21 Land Degradation
- Ch.22 Nature Conservation
- Ch.23 Regulation of Marine Capture Fisheries
- Preliminary Material
- 23.1 Overview
- 23.2 Overfishing and Goals Pursued by Regulatory Systems
- 23.3 Analytical Framework
- 23.4 Comparing the Regulation of Marine Capture Fisheries
- 23.5 Concluding Remarks
- 23.6 Acknowledgements
- 23.7 Select Bibliography
- Ch.24 Genetically Modified Organisms
- Preliminary Material
- 24.1 Overview
- 24.2 Risk Assessment and Regulation
- 24.2.1 Risk Assessment in the EU and the US: Precautionary Versus Permissive Approaches
- 24.2.2 Risk Regulation in the EU and the US: Process Versus Product Regulation
- 24.2.3 From Differences to Disputes
- 24.2.4 Risk Assessment and Regulation in Other Jurisdictions
- 24.2.5 Comparative Approaches to Risk Assessment and Regulation of Genetically Modified Foods
- 24.3 Labelling of Genetically Modified Organisms
- 24.4 Intellectual Property Rights and Genetically Modified Organisms
- 24.5 Concluding Remarks
- 24.6 Select Bibliography
- Ch.25 Climate Change and Energy Transition Policies
- Preliminary Material
- 25.1 Overview
- 25.2 Climate Change Regulation
- 25.2.1 Scope and Structure of the Regulation
- 25.2.2 Segments of Government: Levels and Branches
- 25.2.3 Principal Legal Techniques
- 25.3 Energy Transition Regulation
- 25.4 Role of International Agreements in National Activities
- 25.5 Evaluation
- 25.6 Concluding Remarks
- 25.7 Select Bibliography
- Ch.26 Regulation of Chemicals
- Ch.27 Waste Regulation
- Ch.28 Contaminated Sites
- Ch.19 Atmospheric Pollution
- Part III Systems
- s.A Infrastructure
- Ch.29 Environmental Principles Across Jurisdictions: Legal Connectors and Catalysts
- Ch.30 Distribution of Powers
- Preliminary Material
- 30.1 Overview
- 30.2 Distribution of Powers in Multilevel Environmental Governance-Institutional Fundamentals
- 30.3 General Principles and Concepts of Distribution of Powers
- 30.3.1 Reasons for Decentralization to Local Government
- 30.3.2 Reasons for Central Regulation
- 30.3.3 Intensity of Regulation and Cooperative Structures of Functional Steering
- 30.3.3.1 Cooperative and Goal-oriented Steering as a Means of Functional Power Distribution
- 30.3.3.2 The Effectiveness Dilemma of the Cooperative Approach and the Need for Effective Flanking
- 30.3.3.3 Minimum Regulation and the Right to ‘Gold-plating’
- 30.3.3.4 The Relation Between Legislative Steering and Local Permitting: Integrated Pollution Control
- 30.3.3.5 The Role of Coordination
- 30.4 Concluding Remarks
- 30.5 Select Bibliography
- Ch.31 Property Systems and Environmental Regulation
- Preliminary Material
- 31.1 Overview
- 31.2 Property Paradigms and Environmental Law
- 31.3 ‘Public’ and ‘Private’ Conceptions of Property
- 31.4 Interactions Between ‘Public’ and ‘Private’ Rights
- 31.5 Indigenous Property Systems: Custom and Resource Use
- 31.6 Property Structures and Environmental Stewardship
- 31.7 Concluding Remarks
- 31.8 Acknowledgements
- 31.9 Select Bibliography
- Ch.32 Regulatory Organization
- Preliminary Material
- 32.1 Overview: Regulatory Organization in the Modern World
- 32.2 The Legislative Branch of Government as Regulator
- 32.3 The Executive Branch of Government as Regulator
- 32.4 The Judicial Branch of Government as Regulator
- 32.5 The Fourth (Integrity) Branch of Government as Regulator
- 32.6 ‘Third Parties as Surrogate Regulators’
- 32.7 The Regulated as Self-Regulator
- 32.8 Concluding Remarks
- 32.9 Select Bibliography
- Ch.33 Sciences, Environmental Laws, and Legal Cultures: Fostering Collective Epistemic Responsibility
- Preliminary Material
- 33.1 Overview
- 33.2 Sciences and Their Roles in Environmental Laws
- 33.3 The Challenges of the Sciences
- 33.4 ‘Kettling’ Science
- 33.5 The Failure to Take Collective Epistemic Responsibility Seriously
- 33.6 The Failure to Take Legal Culture Seriously
- 33.7 Concluding Remarks
- 33.8 Select Bibliography
- Ch.34 Transnational Networks
- Ch.35 Adjudication Systems
- Preliminary Material
- 35.1 Overview
- 35.2 The Role of the Judiciary and its Place Within the Context of Value-driven Decision-making
- 35.3 Responses to the Challenges of Environmental Litigation
- 35.4 Adjudicative Models
- 35.5 Concluding Remarks
- Annex—visual Representation of Different Adjudicative Models
- 35.6 Acknowledgements
- 35.7 Select Bibliography
- s.A Infrastructure
- s.B Policy Instruments
- Command and Control Regulation
- Ch.36 Environmental Planning
- Ch.37 Protection of Sites
- Ch.38 Command and Control Standards and Cross-jurisdictional Harmonization
- Preliminary Material
- 38.1 Overview
- 38.2 Strengths and Weaknesses of ‘Command and Control’ Environmental Standards
- 38.2.1 A Working Definition of ‘Command and Control’ Standards
- 38.2.2 The Enduring Significance of ‘Command and Control’ Standards
- 38.2.3 ‘Command and Control’ Standards as Linked to Self-Regulation and Economic Incentives
- 38.2.4 The Implementation Deficit of ‘Command and Control’ Standards
- 38.2.5 The Conceptualization Gap of ‘Command and Control’ Standards
- 38.3 Developing Integrated and Harmonized Standards through Applied Science Models
- 38.4 Concluding Remarks
- 38.5 Acknowledgements
- 38.6 Select Bibliography
- Ch.39 The Assessment of Environmental Impact
- Market Mechanisms
- Ch.40 Environmental Taxation
- Preliminary Material
- 40.1 Overview
- 40.2 The Theoretical Foundation for Merging Environmental Protection into Taxation
- 40.3 Environmental Taxation Instruments
- 40.4 The Legal Authority to Use Environmental Taxation
- 40.5 Design Features of Environmental Taxation
- 40.6 How Theory Meets Practice: Carbon Pricing Case Studies
- 40.7 Concluding Remarks: The Role of Environmental Taxation
- 40.8 Acknowledgements
- 40.9 Select Bibliography
- Ch.41 Trading Schemes
- Preliminary Material
- 41.1 Overview
- 41.2 The Concept of Market Mechanisms in Environmental Law
- 41.3 Comparative Law Methodologies and Environmental Law Scholarship
- 41.4 Promotion of Market Mechanisms in Environmental Law Scholarship
- 41.5 Price Control and Emissions Trading Schemes
- 41.6 Emissions Trading Schemes, Typologies, and Comparative Environmental Law
- 41.7 Conclusion
- 41.8 Acknowledgements
- 41.9 Select Bibliography
- Ch.40 Environmental Taxation
- Informational Techniques
- Ch.42 A Cartography of Environmental Education
- Preliminary Material
- 42.1 Overview: Politicizing Environmental Education
- 42.2 Environmental Education and Sustainable Development: A Neoliberal Relationship
- 42.3 A Cartography of Environmental Education Policies
- 42.4 Concluding Remarks
- 42.5 Acknowledgement
- 42.6 Select Bibliography
- Ch.43 Informational Requirements and Environmental Protection
- Preliminary Material
- 43.1 Overview: The Nature of Informational Requirements in Environmental Law
- 43.2 The State and Informational Requirements
- 43.3 Principle 10 of the Rio Declaration and Modern State-based Access to Environmental Information
- 43.4 Companies, Non-regulatory Information Disclosure, and the Public
- 43.5 Concluding Remarks: Emerging Informational Concerns in the Age of Information Technology
- 43.6 Select Bibliography
- Ch.44 Eco-labelling
- Ch.42 A Cartography of Environmental Education
- Ex Post Injury-based Mechanisms
- Ch.45 Environmental Liability
- Preliminary Material
- 45.1 Overview
- 45.2 Existing Environmental Liability Systems
- 45.3 Specific Problems of Environmental Liability
- 45.4 Concluding Remarks
- 45.5 Select Bibliography
- Ch.46 A Cartography of Environmental Human Rights
- Ch.45 Environmental Liability
- Command and Control Regulation
- Part IV Legal Context
- Ch.47 Environmental Law and Constitutional and Public Law
- Preliminary Material
- 47.1 Introduction
- 47.2 Policy and Law-Making in the Administrative State
- 47.3 Constitutional Environmental Norms
- 47.4 The Inevitable Locality of Environmental Constitutional Rules
- 47.5 ‘Non-Constitutional’ Points of Interaction
- 47.6 Structures of Government
- 47.7 The Impact of Environmental Law on Public and Constitutional Law
- 47.8 Conclusion
- 47.9 Selected Bibliography
- Ch.48 Environmental Law and Private Law
- Preliminary Material
- 48.1 Introduction
- 48.2 What Is Private Law?
- 48.3 Two Aspects of the Relationship Between Environmental Law and Private Law
- 48.3.1 Private Law as Environmental Law
- 48.3.1.1 Agreements Protective of the Environment
- 48.3.1.2 Private Legal Actions in Respect of Environmental Harm
- 48.3.1.2.3 Actionable Damage
- 48.3.1.2.4 Conditions of Liability
- 48.3.1.2.5 Causation
- 48.3.1.2.6 Remedies
- 48.3.1.2.7 Particular Problems of Climate Change Litigation
- 48.3.1.3 Refusal to Enforce Environmentally Damaging Agreements
- 48.3.1.4 Summary
- 48.3.2 Environmental Law in Private Law
- 48.3.1 Private Law as Environmental Law
- 48.4 Conclusion
- 48.5 Selected Bibliography
- Ch.49 Environmental Law and Criminal Law
- Ch.50 Environmental Law and Private International Law
- Preliminary Material
- 50.1 Introduction
- 50.2 The United States: Litigation Based on the Alien Tort Statute
- 50.3 The European Union
- 50.3.1 Jurisdiction
- 50.3.1.1 General Jurisdictional Rule: Article 4 of the Jurisdiction Regulation
- 50.3.1.2 Special Jurisdictional Rule: Article 7(5) Jurisdiction Regulation: Operations Arising Out of a Branch
- 50.3.1.3 Special Jurisdictional Rule: Article 7(2) Jurisdiction Regulation: Tort
- 50.3.1.4 Special Jurisdictional Rule: Article 7(3) Jurisdiction Regulation
- 50.3.1.5 Review of the Jurisdiction Regulation—The ‘International Dimension’ of the Regulation
- 50.3.1.6 Applicable Law
- 50.3.2 Applicable Law for Attributability/Duty of Care, and Compliance Strategies
- 50.3.1 Jurisdiction
- 50.4 Conclusion
- 50.5 Selected Bibliography
- Ch.51 Environmental Law and Public International Law
- Preliminary Material
- 51.1 Introduction
- 51.2 The Domestic-International Divide
- 51.3 Status of International Law Within Domestic Legal Systems
- 51.4 Effects of International Law Within Domestic Law
- 51.5 Drivers
- 51.6 Conclusion
- 51.7 Selected Bibliography
- Ch.47 Environmental Law and Constitutional and Public Law
- Framing comparative environmental law
- Further Material