Print page

Research Handbook on Fundamental Concepts of Environmental Law

Edited by Douglas Fisher, Emeritus Professor, Queensland University of Technology, Australia
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.
Extent: 560 pp
Hardback Price: $255.00 Web: $229.50
Publication Date: 2016
ISBN: 978 1 78471 464 2
Availability: In Stock
$0.00

Buy the E-Book @ paperback price

Join our mailing list

  • Law - Academic
  • Environmental Law
  • Legal Philosophy
  • Legal Theory
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.
‘The editor succeeded in recruiting an impressive team of 22 contributors drawn from nine countries. These included not only academics, but also some from the judiciary, many of whom have made major personal contributions to the issues involved. The chapters are accompanied by pertinent explanatory notes, literature references, lists of legal instruments, and citations of cases that makes this an extraordinarily valuable reference work. This book deserves an extremely wide circulation amongst all involved in the development of overarching environmental policies, from the international to the national and even local level, both explaining where we are now and highlighting issues that remain controversial
and await general agreement.’
– Biodiversity and Conservation

‘The researcher will find a wealth of ideas from a wide range of topics covered in this Handbook. With the Anthropocene and globalization impacting on every aspect of the environment, many of the traditional frontiers of environmental law are being pushed into the unknown, and many concepts, principles and “rights” need to be further analyzed. These challenges inspire an overarching framework for environmental governance, a reshaping perhaps of the international environmental law regime and a call for a re-examination of conceptual approaches to achieve environmental goals. This publication is timely in the midst of bewildering cross-cutting and emerging environmental issues.’
– KOH Kheng-Lian, National University of Singapore and Asia-Pacific Centre for Environmental Law

‘We cannot progress on global environmental issues if we fail to endorse a theoretical approach. This Handbook sheds light on how environmental law is underpinned by key concepts and landmark principles and why domestic laws converge.’
– Nicolas de Sadeleer, Saint-Louis University, Brussels

‘This edited collection brings together leading experts who reconceptualise environmental governance, the role of international law in the governance regime, and institutional approaches to achieving various environmental goals. It makes a worthwhile and novel contribution to the existing literature in the field.’
– Rosemary Lyster, The University of Sydney, Australia

‘A remarkable book. It assembles 18 contributions on key legal environmental terms, such as sustainable development, the precautionary principle, or rights of nature. The contributions are written by experts on the different topics which ably describe, in clear, understandable language, the state of discussion. Though the focus is on international environmental law, the different concepts treated are also relevant in national law and even when you think that you know everything on a specific notion, you will get new insights.’
– Ludwig Krämer, European Union Aarhus Centre, Belgium
Contributors: A. Akhtar-Khavari, K. Bosselmann, N. Bryner, P. Burdon, M. Faure, D. Fisher, E. Fisher, A. Grear, D. Grinlinton, J.K. Knudsen, L. Kotze, W.M. Lafferty, C. McGrath, B.J. Preston, N. Soininen, C. Soyapi, T. Stephens, P. Taylor, A. Telesetsky, J. Verschuuren, A. Wiersema, C. Williams



 
 









Contents

PART I THE OVERARCHING FRAMEWORK FOR ENVIRONMENTAL GOVERNANCE
1. The Jurisprudential Structure of Environmental Law
Douglas Fisher

2. A Normative Approach to Environmental Governance: Sustainability at the Apex of Environmental Law
Klaus Bosselmann

3. From Protection to Restoration: A Challenge for Environmental Governance
Afshin Akhtar-Khavari and Anastasia Telesetsky

4. Transnational Environmental Law: The Birth of a Contemporary Analytical Perspective
Louis Kotze and Caiphas Soyapi

5. Economic Approaches to Environmental Governance: A Principled Analysis
Michael Faure

6. Human Rights and the Environment: A Tale of Ambivalence and Hope
Anna Grear

7. A Constitutional Human Right to a Healthy Environment
Nicholas Bryner

8. Rights of Nature: A Constructive Analysis
Peter Burdon and Claire Williams

PART II THE DEVELOPING INTERNATIONAL ENVIRONMENTAL LAW REGIME
9. The Development of International Environmental Law by the International Court of Justice
Tim Stephens

10. The Structure, Form and Language of International Environmental Norms - From Absolute to Relative Normativity
Niko Soininen

11. The Growing Significance of the Principle of Sustainable Development as a Legal Norm
Jonathan Verschuuren

12. The Concept of the Common Heritage of Mankind
Prue Taylor

PART III CONCEPTUAL APPROACHES TO THE ACHIEVEMENT OF ENVIRONMENTAL GOALS
13. Environmental Policy Integration: The Importance of Balance and Trade-offs
Jorgen K. Knudsen and William M. Lafferty

14. The Role Played by Policy Objectives in Environmental Law
Chris McGrath

15. The Functions of Rights of Property in Environmental Law
David Grinlinton

16. Environmental Impact Assessment: 'Setting the Law Ablaze'
Elizabeth Fisher

17. The Precautionary Principle in Environmental Governance
Annecoos Wiersema

18. The Judicial Development of Ecologically Sustainable Development
Brian J. Preston

Index