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The global phenomenon of the establishment of specialist courts is one of the most important recent developments in environmental law. Although they are generally seen as a much needed innovation, they do pose challenges, particularly around questions of legitimacy. This important book tackles these questions directly, looking specifically at the courts in the common law world. It argues that to fully understand the nature of the adjudication of these courts, a bottom-up approach must be taken: ie the question before the court is determinative. Despite its theoretical focus, the book will also provide invaluable insights to practitioners engaging with these new courts for the first time. An innovative study on a seismic change in how environmental law is adjudicated.
An in-depth treatment of the features, best practices, challenges and future prospects for environmental courts and tribunals in the Asia-Pacific region, bringing together contributions from leading academics, judges and lawyers from multiple jurisdictions.
This biography illuminates the life and thought of Baroness Mary Warnock, whose active years spanned the second half of the twentieth century, a period during which opportunities for middle-class women rapidly and vastly improved. Warnock was described as ‘probably the most celebrated philosopher in Britain.’ She began her career as an Oxford University philosophy don and went on to become headmistress of an independent girls’ school. Warnock subsequently chaired two select committees which produced reports of lasting significance, first to children with special needs, and second to childless couples. She then became Mistress of Girton College, Cambridge, and an active member of the Ho...
This unique book focuses specifically on teaching and learning in environmental law, exploring theory and practice as well as innovative techniques, tools and technologies employed across the globe to teach this ever more important subject. Chapters identify particular challenges that environmental law poses for pedagogy. It offers practical guidance and serves as a source of authority to legal scholars who are seeking to take up, or improve, their teaching and knowledge of this subject.
This expanded and updated Research Handbook delivers an authoritative and in-depth guide to the conceptual foundations of environmental law. It offers a nuanced reflection on the underlying principles by exploring issues such as human rights, constitutional rights, sustainable development and environmental impact assessment within the context of environmental law.
Most legal practitioners need some working knowledge of the Resource Management Act (RMA) and as a result RMA has become a major subject within Law Faculties. However, it is a complex and dense subject and students often struggle, particularly as most RMA courses are condensed into a single semester. FOCUS ON RESOURCE MANAGEMENT LAW provides a straightforward introduction to resource management law. It explains the main statutory provisions; includes summaries of the leading cases, suggestions for further reading and prepares students for exams by including practice exam questions and answers. Features: A ' new' type of student law textbook for New Zealand. The text is in simple language, with case summaries alongside the moment the case is mentioned allowing the user/student a better understanding of context and why the case has been mentioned.
This Handbook brings together the foremost authorities from around the world to provide the first comprehensive account of comparative environmental law. It examines in detail the methodological foundations of the discipline as well as the substance of environmental law across countries.
This book provides a critical study of environmental regulation and its enforcement in New Zealand, situated within green criminology. It seeks to address the question of whether the offences in the Resource Management Act 1991 are 'working', by drawing on a range of sources including: central government data, local government policies and reports on enforcement, information requests of councils, studies of local authority enforcement behaviour and case law to. Through highly layered and richly textured analysis, the project exposes the problems that can arise when an expansive approach is taken to offences, penalties and institutional arrangements in an environmental regulatory statute. It ...
Planning is at the heart of the response to many of the significant challenges of our time, from the climate and environmental crises to social and economic inequalities. It is embedded in, as well as partially constituting, our democratic systems, so that the challenges of democratic decision-making in a complex society cannot be avoided when thinking about planning. Planning law raises some of the most fundamental questions faced by legal scholars, from the legitimacy of authority to the relationship between public and private rights and interests. And yet, planning law has been relatively neglected by legal scholars. The objective of Taking English Planning Law Scholarship Seriously is to create space for planning law scholarship in all of its variety, and for curiosity about law in all its complexity. The chapters reflect this diversity and complexity, covering a range of the objects of planning (from housing to energy to highways) and a multiplicity of planning tasks and tools (from compulsory purchase to contracting to planning inquiries).
This discerning book examines the challenges, opportunities and solutions for courts adjudicating on environmental cases. It offers a critical analysis of the practice and judgments of courts from various representative and influential jurisdictions.