The Constitution of the Environmental Emergency

The Constitution of the Environmental Emergency

This book argues for a reframing of environmental law.

Author: Jocelyn Stacey

Publisher: Bloomsbury Publishing

ISBN: 9781509920280

Category: Law

Page: 296

View: 575

This book argues for a reframing of environmental law. It starts from the premise that all environmental issues confront lawmakers as emergencies. Environmental issues pose a fundamental challenge to law because it is impossible to reliably predict which issues contain the possibility of an emergency and what to do in response to such an unforeseen event. These features undermine the conventional understanding of the rule of law. This book argues that approaching environmental issues from the emergency perspective leads us to an understanding of the rule of law that requires public justification. This requirement recentres the debates in environmental law around the question of why governance under the rule of law is something worth having in the environmental context. It elaborates what the rule of law requires of decision-makers in light of our ever-present vulnerability to catastrophic environmental harm. Controversial, compelling and above all timely, this book presents an important new perspective on environmental law.
Categories: Law

The Oxford Handbook of the Canadian Constitution

The Oxford Handbook of the Canadian Constitution

person, to protect against “unreasonable risks or impacts to human health” from the hazards of environmental ... But, see, Jocelyn Stacey, The Constitution of the Environmental Emergency (forthcoming) (manuscript on file with author).

Author: Peter Oliver

Publisher: Oxford University Press

ISBN: 9780190664824

Category: Law

Page: 1088

View: 160

The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.
Categories: Law

Law Climate Emergency and the Australian Megafires

Law  Climate Emergency and the Australian Megafires

9 Jocelyn Stacey, The Constitution of the Environmental Emergency (Hart, 2018) 19. 10 Carl S mi , Political Theology: Four Chapters on the Concept of Sovereignty, tr George S wab (University of Chicago Press, 2005) 7. 11 Ibid 12.

Author: Nicole Rogers

Publisher: Routledge

ISBN: 9781000514735

Category: Law

Page: 144

View: 414

This book addresses the ways in which the Black Summer megafires influenced the development of climate narratives throughout 2020. It analyses the global pandemic, and its ensuing restrictions, as a countervailing force in the production of such narratives. Lives and properties were lost in the spring and summer of 2019 and 2020, when catastrophic bushfires burnt through millions of hectares of mainland Australia. Nearly three billion native animals died. And for millions of Australians, and others worldwide, it was through the Australian megafires that the global climate emergency became tangible, concrete, no longer a comfortably deferred, albeit problematic abstraction which could be consigned to future generations to deal with. This book explores the legal and other implications of new understandings of climate emergency arising from the fires, and the emergence of a hierarchy of emergencies as the pandemic came to dominate global and domestic political discourses. It examines narratives of culpability, and legal avenues for seeking retribution from government and big fossil fuel emitters. It also considers the impact of the fires on the burgeoning phenomenon of climate activism, particularly in Australia, and the ways in which pandemic restrictions curtailed such activism. Finally, the book reflects on the fires through the lenses offered by climate fiction, and apocalyptic fiction more generally, in order to consider how these shape, and might shape, our responses to them. This important and timely book will appeal to environmental lawyers and socio-legal theorists; as well as other scholars and activists with interests in climate change and its impact. It is recommended for anyone concerned about current and future climate disasters, and the shortcomings in legal, political and popular responses to the climate crisis.
Categories: Law

The Hidden Power of Systems Thinking

The Hidden Power of Systems Thinking

This book will be inspiring reading for students applying their systemic methods, specialists in change management or public administration, activists for ‘whole system change’ and decision makers wanting to effect challenging ...

Author: Ray Ison

Publisher: Routledge

ISBN: 9781351026888

Category: Business & Economics

Page: 312

View: 302

The Hidden Power of Systems Thinking: Governance in a Climate Emergency is a persuasive, lively book that shows how systems thinking can be harnessed to effect profound, complex change. In the age of the Anthropocene, the need for new ways of thinking and acting has become urgent. But patterns of obstacles are apparent in any action, be they corporate interests, lobbyists, or outdated political and government systems. Ison and Straw show how and why failure in governance is at the heart of the collective incapacity to tackle the climate and biodiversity emergencies. They go beyond analysis of the problem and demonstrate how incorporating systems thinking into governance at every level would enable us to break free of historical shackles. They propose 26 principles for systemic governance. This book will be inspiring reading for students applying their systemic methods, specialists in change management or public administration, activists for ‘whole system change’ and decision makers wanting to effect challenging transformations. It is for anyone with the ambition to create a sustainable and fair world.
Categories: Business & Economics

Paul J Crutzen and the Anthropocene A New Epoch in Earth s History

Paul J  Crutzen and the Anthropocene  A New Epoch in Earth s History

Kotzé, L.J., 2016a: “Constitutional Conversations in the Anthropocene: In Search of Environmental Jus Cogens Norms”, ... Kotzé, L.J., 2019f: “The Constitution of the Environmental Emergency”, in: Journal of Environmental Law, ...

Author: Susanne Benner

Publisher: Springer Nature

ISBN: 9783030822026

Category: Atmospheric chemistry

Page: 617

View: 448

This book outlines the development and perspectives of the Anthropocene concept by Paul J. Crutzen and his colleagues from its inception to its implications for the sciences, humanities, society and politics. The main text consists primarily of articles from peer-reviewed scientific journals and other scholarly sources. It comprises selected articles on the Anthropocene published by Paul J. Crutzen and a selection of related articles, mostly but not exclusively by colleagues with whom he collaborated closely. " In the year 2000 Nobel Laureate Paul J. Crutzen proposed the Anthropocene concept as a new epoch in Earth's history " Comprehensive collection of articles on the Anthropocene by Paul J. Crutzen and his colleagues " Unique primary research literature and Crutzen's comprehensive bibliography " Paul Crutzen's scientific investigations into human influences on atmospheric chemistry and physics, the climate and the Earth system, leading to the conception of the Anthropocene " Reflections on the Anthropocene and its implications " Bibliometric review of the spread of the use of the Anthropocene concept in the Natural and Social Sciences, Humanities and Law.
Categories: Atmospheric chemistry

International Conference on Water Resource and Environmental Protection

International Conference on Water Resource and Environmental Protection

Response to Environmental Emergency Currently, China has established a fairly complete system against ... such as the Constitution, environmental protection law and environmental specialized laws, mainly emphasizing on normal ...


Publisher: DEStech Publications, Inc

ISBN: 9781605951867

Category: Technology & Engineering

Page: 516

View: 616

The 2014 International Conference on Water Resource and Environmental Protection [WREP2014] aims to bring researchers, engineers, and students to the areas of Water Resource and Environmental Protection. WREP2014 features unique mixed topics of Water Resource and Environmental Protection in the context of building healthier ecology and environment. The conference will provide a forum for sharing experiences and original research contributions on those topics. Researchers and practitioners are invited to submit their contributions to WREP2014. This proceeding tends to collect the up-to-date, comprehensive and worldwide state-of-art knowledge on water resource and environmental protection. All of accepted papers were subjected to strict peer-reviewing by 2–4 expert referees. The papers have been selected for this proceedings based on originality, significance, and clarity for the purpose of the conference. The selected papers and additional late-breaking contributions to be presented will make an exciting technical program on WREP2014 conference. The conference program is extremely rich, featuring high-impact presentation. We hope this conference will not only provide the participants a broad overview of the latest research results on water resource and environmental protection, but also provide the participants a significant platform to build academic connections.
Categories: Technology & Engineering

Routledge Handbook of Human Rights and Climate Governance

Routledge Handbook of Human Rights and Climate Governance

The State would also derive from this right the authority to declare an 'Environmental Emergency'. ... addressed the issue of an environmental element for the Trinidad and Tobago constitution.33 It should be noted that the Environmental ...

Author: Sébastien Duyck

Publisher: Routledge

ISBN: 9781315312552

Category: Business & Economics

Page: 430

View: 567

Over the last decade, the world has increasingly grappled with the complex linkages emerging between efforts to combat climate change and to protect human rights around the world. The Paris Climate Agreement adopted in December 2015 recognized the necessity for governments to take into consideration their human rights obligations when taking climate action. However, important gaps remain in understanding how human rights can be used in practice to develop and implement effective and equitable solutions to climate change at multiple levels of governance. This book brings together leading scholars and practitioners to offer a timely and comprehensive analysis of the opportunities and challenges for integrating human rights in diverse areas and forms of global climate governance. The first half of the book explores how human rights principles and obligations can be used to reconceive climate governance and shape responses to particular aspects of climate change. The second half of the book identifies lessons in the integration of human rights in climate advocacy and governance and sets out future directions in this burgeoning domain. Featuring a diverse range of contributors and case studies, this Handbook will be an essential resource for students, scholars, practitioners and policy makers with an interest in climate law and governance, human rights and international environmental law.
Categories: Business & Economics

The Antarctic Legal System

The Antarctic Legal System

Author: Gianfranco Tamburelli

Publisher: Giuffrè Editore

ISBN: 9788814142161

Category: Law

Page: 278

View: 632

Categories: Law

Environmental Performance Reviews

Environmental Performance Reviews

In environmental emergencies, facility operators must remove both the causes and the consequences of the emergency ... 1.6 monitoring and Environmental information Provisions for environmental information The Constitution states that ...

Author: Economic Commission for Europe

Publisher: United Nations

ISBN: 9789210040556

Category: Political Science

Page: 197

View: 107

The focus of the ECE review programme is to help countries in transition to improve their individual and collective performance in environmental management. The ultimate goal is the promotion of sustainable development and the convergence of environmental conditions and policies throughout Europe. These reviews present a detailed study of countries' environmental position and examines: the framework for environmental policy and management; the management of pollution and natural resources; economic and sectoral integration featuring environmental concerns in agriculture and food processing, the transport of oil products and human health.
Categories: Political Science