Environmental Law and Sustainability After Rio

About this book

Environmental Law and Sustainability After Rio examines the development of environmental law in the period since the ground-breaking 1992 United Nations Conference on Environment and Development or 'Earth Summit' in Rio de Janeiro. It demonstrates that a great deal has been achieved in the field of environmental law since the 1990s. However, the extraordinary environmental crises facing humanity in the 21st century indicate a continuing urgent need for the generation of robust policies and frameworks concerning ecological, socio-cultural and economic sustainability, implemented through appropriately innovative legal mechanisms.

Environmental Law and Sustainability After Rio is divided into five sub-themes of sustainability: history, principles and concepts; environmental rights, access to justice and liability issues; natural resources; energy and climate change; and nature conservation. It includes expert legal opinion on developments to date, engaging with key themes from a broad selection of jurisdictions and perspectives. The analyses extend across public and private law to reflect the manifold areas which are rightly and necessarily the concern of environmental and sustainability law. Its contents offer not only critiques of developments to date, but also constructive engagement with matters of pressing concern to all. Written from a global perspective, Environmental Law and Sustainability After Rio will be an invaluable reference for academics, postgraduate students, practitioners and policy-makers concerned with environmental law and sustainability.

Contents

1. Introduction: Environmental Law and Sustainability after Rio Jamie Benidickson, Ben Boer, Antonio Herman Benjamin and Karen Morrow

PART I: HISTORY, PRINCIPLES AND CONCEPTS OF SUSTAINABILITY
2. Reflecting on Rio: Environmental Law in the Coming Decades Nicholas A. Robinson
3. Capacity Building in Environmental Law in African Universities Charles Odidi Okidi
4. Local Agenda 21: A Rights-based Approach to Local Environmental Governance Anel du Plessis
5. Brazilian 'Socioambientalismo' and Environmental Justice Fernanda de Salles Cavedon and Ricardo Stanziola Vieira
6. Risk Society and the Precautionary Principle Miriam Alfie Cohen and Adrian de Garay Sanchez
7. Measuring the Environment through Public Procurement Nicola Lugaresi

PART II: ENVIRONMENTAL RIGHTS, ACCESS TO JUSTICE AND LIABILITY ISSUES
8. A Sustainable and Equitable Legal Order Werner Scholtz
9. The Courts and Public

Participation in Environmental Decision- making Karen Morrow
10. Enchanced Access to Environmental Justice in Kenya Robert Kibugi
11. Towards a New Theory of Environmental Liability Without Proof of Damage Jose Juan Gonzalez
12. Diffuse Damages in Environmental Torts in Brazil Arlindo Daibert

PART III: NATURAL RESOURCES AND SUSTAINABILITY
13. Transboundary Aquifers: Towards Substantive and Process Reform in Treaty-making Joseph W. Dellapenna and Flavia Rocha Loures
14. Achieving Sustainability: Plant Breeders' and Farmers' Rights Mekete Bekele Tekle

PART IV: ENERGY, CLIMATE CHANGE AND SUSTAINABILITY
15. International Law and Sustainable Energy: A Portrait of Failure David Hodas
16. Cross-border Gas Pipelines and Sustainability in Southern Africa Willemien du Plessis
17. Is EU Climate Change Policy Legally Robust? Javier de Cendra de Larragan
18. Combating Climate Change in Uganda Emmanuel Kasimbazi

PART V: NATURE CONSERVATION AND SUSTAINABILITY
19. Contractual Tools for Implementing the CBD in South Africa Alexander Paterson
20. Mangrove Swamps and Sustainability Marcelo Nogueira Camargos and Solange Teles da Silva
21. The Amazonian Treaty and Harmonisation of Environmental Legislation Jose Augusto Fontoura Costa, Solange Teles da Silva and Fernanda Sola

Index

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