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Regional Environmental Law

Transregional Comparative Lessons in Pursuit of Sustainable Development Edited by Werner Scholtz, Professor of Law, University of the Western Cape, South Africa and Visiting Professor, Lincoln Law School, UK and Jonathan Verschuuren, Professor of International and European Environmental Law, Tilburg University, the Netherlands
The core focus of this timely volume is to ascertain how regional environmental law may contribute to the pursuit of global sustainable development. Leading scholars critically analyze the ways in which states may pool sovereignty to find solutions to environmental problems, presenting a comparative legal analysis of the manner in which the AU, EU, OAS and ASEAN deal with the issues of climate change, human rights and the environment.
Extent: 464 pp
Hardback Price: $170.00 Web: $153.00
Publication Date: 2015
ISBN: 978 1 78195 177 4
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  • Development Studies
  • Development Studies
  • Law and Development
  • Environment
  • Environmental Law
  • Law - Academic
  • Comparative Law
  • Environmental Law
  • Law and Development
This perceptive work presents a unique comparative legal analysis, ascertaining how regional environmental law can contribute to the prevailing pursuit of global sustainable development. The book provides an introduction to and analysis of the environmental law adhered to by each regional organisation in an accessible and discerning discussion.

Regional Environmental Law analyses the manner in which four distinct regional organisations - the European Union (EU), Organization of American States (OAS), Association of Southeast Asian Nations (ASEAN) and the African Union (AU) - facilitate cooperation concerning regional environmental law in order to promote sustainable development. The fundamental environmental issues that require regional cooperation are considered: human rights and the environment, climate change and shared watercourses. Leading scholars critically analyse how states may pool sovereignty, pursuant to finding solutions to these salient environmental problems. The book puts forward conclusive thoughts about how to work towards the sustainable development agenda through both specific regional action and collaborative efforts.

Researchers and students interested in international and environmental law will benefit from the comparative analysis of the respective regional organisations and their contribution to the sustainable development commitment. Practitioners and policy makers will find practical insight from the conclusions drawn.
‘Regional legal action to environmental problems has become increasingly important for national and international approaches. This important new study provides profound discussions of the state of affairs of regional approaches across the world and points at many remaining challenges regarding not only regulatory approaches, particularly in the field of transboundary waters and climate change, but also human rights instruments. It should be required reading by all interested in the further development of environmental law from a sustainable development perspective’
– Marjan Peeters, University of Maastricht, the Netherlands.
Contributors: M. Barnard, L. Bhullar, B. Boer, J.T. Calasans, J. de Cendra de Larragán, C.S. de Windt, B. Garcia, K. Kheng-Lian, L. Krämer, W.D. Lubbe, O. McIntyre, A. Meijknecht, M.A. Orellana, D.M. Pallangyo, W. Scholtz, H. Strydom, J. Verschuuren



Contents:

1. Introduction
Werner Scholtz and Jonathan Verschuuren

PART I THE AFRICAN UNION (AU)
2. Introduction to Regional Environmental Law of the African Union
Hennie Strydom

3. Africa and Climate Change: Legal Perspectives from the AU
Daniel M. Pallangyo and Werner Scholtz

4. Sustainable Development of SADC’s Watercourses: The IncoMaputo River Basin Agreement of 2002
Michelle Barnard and Willem Daniël Lubbe

5. Human Rights and the Environment in the African Union Context
Werner Scholtz

PART II THE ORGANIZATION OF AMERICAN STATES (OAS)
6. Introduction to Environmental Law in the Americas
Claudia S. de Windt and Marcos A. Orellana

7. The Contribution of the Inter-American Human Rights System to Sustainable Development
Anna Meijknecht

8. Sustainable Water Resource Management and the Amazon Basin
Beatriz Garcia and Jorge Thierry Calasans

PART III ASSOCIATION OF SOUTHEAST ASIAN NATIONS (ASEAN)
9. Introduction to ASEAN Regional Environmental Law
Ben Boer

10. ASEAN: The Singapore Declaration on Climate Change, Energy and the Environment, 2007 and Beyond
Koh Kheng-Lian and Lovleen Bhullar

PART IV EUROPEAN UNION (EU) LAW
11. Introduction to European Union Environmental Law
Ludwig Krämer

12. EU Climate Change Law: A Credible Example?
Javier de Cendra de Larragán

13. Contribution of the Case Law of the European Court of Human Rights to Sustainable Development in Europe
Jonathan Verschuuren

14. A Comparative Analysis of the Legal Frameworks that Govern Europe’s Transboundary Waters
Owen McIntyre

Index