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The Role of the Judiciary in Environmental Governance
This important book investigates the environmental legal frameworks, court structures and relevant jurisprudence of nineteen countries, representing legal systems and legal cultures from a diverse array of countries situated across the globe. In doing so, it distils comparative trends, new developments, and best practices in adjudication endeavours, highlighting the benefits and shortcomings of the judicial approach to environmental governance.
The Future of Environmental Law
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.
Litigating the Climate Emergency
As the climate emergency intensifies, rights-based climate cases – litigation that is based on human rights law – are becoming an increasingly important tool for securing more ambitious climate action. This book is the first to offer a systematic analysis of the universe of these cases known as human rights and climate change (HRCC) cases. By combining theory, empirical documentation, and strategic debate among preeminent scholars and practitioners from around the world, the book captures the roots, legal innovations, empirical richness, impact, and challenges of this dynamic field of sociolegal practice. It looks specifically at the sociolegal origins and trajectory of HRCC cases, the legal innovations of this type of litigation, and the strategies and impacts of these cases. In doing so, this book equips litigators, researchers, practitioners, students, and concerned citizens with an understanding of an important method of holding governments and corporations accountable for climate harms. This book is also available as Open Access on Cambridge Core.
Technopolitcs
Technopolitics is a follow-up book that intends to depart and expand the concept of Cyberpolitics to all the dimensions and effects of technology in our lives but placing politics at the center of debate and thought. Most investigations in the fields of Humanities have highlighted the impact of digitization and social virtualization and mapped the transition from the Industrial Revolution, and mass disciplinary society, to the digital revolution, telework and social atomism. The fusion of disruptive technologies is changing the fundamentals of our world almost roaming on its own towards a near future with unprecedented and unpredictable outcomes. This new technological reason implies a ruptu...
Labor, Human Rights and Public Policy
Public policy discussions are, at any time, a major issue in any government, since they are a fundamental part of government agendas and the main mechanism for the realization of human and social rights. Brazil is a country that has a growing importance in the international arena, especially for its environmental and cultural riches, making it a country of extreme geopolitical relevance. Nevertheless, issues such as security, hunger, education, health, transportation, and democracy are constantly put to the test in the face of its development, size, and conflicts.Therefore, this work aims to bring important reflections on this theme, analyzing the public policies regarding labor and human rights. And in the midst of this, social policies must function as tools to realize human rights and restore balance. It is a great book for understanding better the labor environment in Brazil and how it is affecting human rights safeguard.
Biodiversity Litigation
Biodiversity is in accelerated decline and urgent action is needed. In 2020, the Strategic Plan for Biodiversity ended, and none of its Aichi Targets were met. Despite the legally disappointing situation on a global level, the role of national courts in adjudicating climate change litigation is showing potential for effective mitigation and adaptation, and judges have become key actors in linking internationally agreed goals with tangible national commitments to mitigate climate change. Can this pursuit of globally agreed goals at a local level be transposed and lead a similar trend for biodiversity governance? This edited collection gives readers an overview of the shape and reach of biodiv...
Law and Policy in Latin America
This book offers a comprehensive introduction to law and policy responses to contemporary problems in Latin America, such as human rights violations, regulatory dilemmas, economic inequality, and access to knowledge and medicine. It includes 19 chapters written by sociologists, lawyers, and political scientists on the transformations of courts, institutions and rights protection in Latin America, all of which stem from presentations at conferences in Oxford and UCL organised by the editors. The contributors present original analyses based on rigorous research, innovative case-studies, and interdisciplinary perspectives, all written in an accessible style. Topics include the Inter-American Court of Human Rights, institutional design, financial regulation, competition, discrimination, gender quotas, police violence, orphan works, healthcare, and environmental protection, among others. The book will be of interest to students and scholars interested in policymaking, public law, and development.
The Legal Recognition of Animal Sentience
This book explores the movement towards the recognition of animal sentience in the law. It explores some first principles underpinning the recognition of animal sentience, including the nature and scope of sentience provisions, the connection between sentience and empathy, drafting issues, and the relationship between sentience recognition and animal rights. The book highlights the operation of animal sentience provisions in several jurisdictions throughout the world and considers some sector-specific applications and limitations of animal sentience recognition. The first book of its kind, it draws together different perspectives as to what this novel turn in the law might mean and where it might lead. The chapters provide a full picture of what the recognition of animal sentience might entail for humans, animals, and our environment, as well as the experiences of different legal jurisdictions in pursuing recognition of animal sentience. This collection is an essential read for both practitioners and academics alike, as well as any group seeking to advance the interests of non-human animals.
Temas polêmicos em Direito
Neste livro de inquestionável importância para diversas searas do Direito, os autores nos levam a diversas argumentações no mundo jurídico, não com o intuito de exauri-las, mas com o objetivo de levantar novas dúvidas, debates, e porque não, perguntas relevantes para a observação do Direito nos dias atuais. A experiência prática e acadêmica dos autores, nas mais variadas esferas da ciência jurídica, nos traz uma coletânea com uma miríade de reflexões úteis para os tempos vividos nos dias de hoje, com legítimas provocações, levando o leitor a pensar e questionar, mais do que responder.
CONSUMO SUSTENTÁVEL E PROTEÇÃO DO MEIO AMBIENTE
Este livro aborda temática que a todos afeta, afinal, a realidade aponta que é impossível desconectar consumo, mercado de consumo e Política Nacional de Resíduos Sólidos, principalmente quanto a seus objetivos de proteção e de defesa do meio ambiente ecologicamente equilibrado. Para que os princípios constitucionais da proteção da personalidade e dignidade humana de fato possam ser concretizados, o direito precisa estar adequado aos fatos, sendo fundamental examinar a Lei n° 12.305/2010 e sua efetivação, bem como questões que perpassam o exame do equacionamento de problemas – exemplificativamente, o consumismo, amplamente incentivado nos tempos atuais, inclusive com recursos...
