By: Douglas Fisher(Author)
Legal Reasoning in Environmental Law provides a comprehensive review and analysis of the range of legal reasoning processes to support the understanding, interpretation and application of international, regional and national rules of environmental law. Legal Reasoning in Environmental Law considers how rules for environmental governance are designed to accommodate the various competing interests within each of the private and public sectors and also between the two sectors. The author then examines how decisions in particular cases reflect the sources of these rules together with their form, structure and language. He exposes the ways in which reliance upon an extensive range of legal reasoning processes are used to justify the particular decision by interpreting and applying these rules to the case in question.
Much has been written about legal reasoning and about environmental law but relatively little about the relationship between the two. Legal Reasoning in Environmental Law will strongly appeal to legal scholars for its analysis of intellectual processes, and to legal practitioners for its exposition of how decisions are made.
Part I: Reasoning in a Legal Context
1. Law, Language and Reasoning
2. Forms of Legal Argumentation
3. The Methodology of Legal Decision-Making
Part II: Legal Reasoning in International Environmental Law
4. Rules of Competence and Limitation - Territorial Resources
5. Rules of Limitation - Common Resources
6. Internationally Accepted Rules - The Normative Framework
7. Internationally Accepted Rules - Implementation Measures
8. Judicially Constructed Rules - Biological Resources
9. Judicially Constructed Rules - Common Resources
Part III: Legal Reasoning in International Environmental Law
10. Rules in the Form of Human Rights
11. Environmental Rules in Instrumental Form
12. Rules in the Form of Constitutional Rights
13. Rules in the Form of Environmental Rights
14. The Structure, Form and Language of Statutory Rules
15. Rules Informing Adjudication
16. Strategic Rules Informing Decisions
17. Strategic Rules Regulating Decisions
18. Legal Reasoning in Environmental Law
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