Environmental law Books
Nova Science Publishers Inc EPAs Clean Power Plan: Highlights & Implications
Book Synopsis
£63.19
Nova Science Publishers Inc Federal Management of Wildland Fire: Key Changes
Book Synopsis
£120.79
Nova Science Publishers Inc Nutrient Pollution From Agricultural Production:
Book Synopsis
£120.79
Nova Science Publishers Inc United States Secret Service: Security Failures &
Book SynopsisBook & CD-ROM. The United States Secret Service (USSS) is tasked with a zero-failure mission: to protect the President and other protectees at all costs. For most of its existence, USSS has strived to complete that mission while simultaneously garnering the respect and admiration of the American people. Secret Service agents and officers earned a reputation as stoic and impervious guardians of our governments most important leaders. The American publics respect for the agency diminished following the April 2012 prostitution scandal in Cartagena, Colombia, which attracted significant media attention and exposed systemic problems within the agency. Since then, several incidents have made it abundantly clear that USSS is in crisis. The agencys weaknesses have been exposed by a series of security failures at the White House, during presidential visits, and at the residences of other officials, including Vice President Biden and former presidents of the United States. The Committees investigation found that problems that undermine USSSs protective mission predate and postdate the misconduct in Cartagena. The Committee also found that at times agency leaders have provided incomplete and inaccurate information to Congress. This book examines four incidents in detail: a November 11, 2011, incident where an individual fired several shots at the White House from a semiautomatic rifle; the April 2012 misconduct in Cartagena, Colombia; a September 16, 2014, incident at the Centers for Disease Control and Prevention in Atlanta, Georgia, where an armed contract security guard with a violent arrest history rode in an elevator with President Obama and later breached the Presidents security formation; and a March 4, 2015, incident where two intoxicated senior USSS officials including a top official on the Presidents protective detailinterfered with a crime scene involving a bomb threat just outside the White House grounds. Furthermore, the book provides information on USSS funding and staffing because congressional attention has turned to the USSS and its operations due to several recent incidents.
£138.39
Nova Science Publishers Inc National Park Service: Analyses & Trends of
Book Synopsis
£92.79
West Academic Publishing Cases and Materials on Environmental Law, 2022
Book SynopsisThis supplement brings the principal text current with recent developments in the law.
£21.80
Rowman & Littlefield The ABCs of Environmental Regulation
Book SynopsisSimplify the enormous array of U.S. environmental regulations.This popular handbook simplifies the complex world of environmental law and regulations so you can quickly see which ones impact your job, project, or course of study. This quick guide provides: Easy to read research on a huge amount of environmental laws and regulations that will cut down your research time History and summary of major U.S. laws and regulations Definitions of acronyms This book simplifies numerous federal environmental regulations, including pollution prevention, spills and notifications, dumping, hazardous waste, storage tanks, workplace safety, nuclear energy, marine mammal protection, forests, soil/water conservation, ecosystems, wetlands, federal lands management, and wilderness protection.
£76.50
Rowman & Littlefield California Environmental Law and Natural
Book SynopsisThe California Environmental Law and Natural Resources Handbook is a succinct reference manual for lawyers, students, conservationists, and developers. It will take you step-by-step through statutes, programs, and stringent environmental standards in the state of California.
£152.10
American Bar Association Sustainability Essentials: A Leadership Guide for
Book SynopsisSustainability Essentials: A Leadership Guide for Lawyers is for you if you went to law school or are going to law school or considering law school to help move society and the law profession in a more environmentally, socially, and economically sustainable direction, to protect life on the planet, and to make life better for present and future generations. It is also for you if you did not have this goal in law school, but you now want to incorporate sustainable development in your practice.Sustainable development is a relatively new legal perspective, one that demands practice, patience, persistence, and great attention to what clients actually want and need. Best practices for sustainable development in law practice are a work in progress, and leadership matters. This Guide aims to help you on your journey, and to help you succeed in making your goals a reality.Trade Review“This is a great leadership guide for lawyers. The test for any lawyer is ethics, leadership, and sustainable development.” —Leon E. Panetta, Chairman, The Panetta Institute; Former U.S. Secretary of Defense “The urgency to integrate sustainability into the forefront of business decision making has never been greater, and this book uniquely contributes to this goal.”—Roger Martella, Vice President and Chief Sustainability Officer, General Electric; Former General Counsel, EPA “This is a must read for any attorney or legal professional who needs the easy, quick how-to on integrating sustainable development within legal practices.”—Gayatri Joshi, Executive Director of the Law Firm Sustainability Network; Vice President of Vorgate LLC “This book provides an empowering blueprint for any lawyer seeking to integrate climate justice into every dimension of their work.”—Tim Hirschel-Burns, Amelia Keyes, and Devin Oliver, Law Students for Climate Accountability “Many lawyers, regardless of their specialties or the stage of their careers, hunger to use their professional skills and develop new ones to address climate change and other environ- mental threats. Built on the pillars of sustainable development, ethics, and leadership, this deeply researched book provides pathways for lawyers to pursue this goal.”—Michael Gerrard, Columbia Law School Professor; Faculty Director, Sabin Center for Climate Change Law “I am heartened to see a new generation of lawyers seeking to be effective in advancing sustainable development goals in their daily life work. In this book they will find both theory and practical ideas for making a difference.”—Mary D. Nichols, Former Chair, California Air Resources Board “If law is the heart of the legal practice, then sustainability may well be its soul, mov- ing lawyers toward a legacy of conscious commitment to vital and necessary change to transform society. This guide, by three of the most well-known sustainability, leader- ship, and ethical practitioners in the country, is a helpful walking stick on the pathway to sustainability.” —John C. Cruden, Former Assistant Attorney General, U.S. Department of Justice“This book updates both the theory and practice of law so that it can embody a missing set of values—such as offering future generations a livable earth. It is not just timely; it is overdue.” —Hal Harvey, CEO, Energy Innovation “We need a new generation of lawyers who recognize that we can create the power to confront the climate crisis, the governance crisis, and other existential threats only by combining sound lawyering with organization. This book is an important step in the right direction.” —Marshall Ganz, Senior Lecturer in Leadership, Organizing, and Civil Society, Harvard Kennedy School of Government “Sustainable development has emerged as a foundational framework for life in the 21st century—and this Leadership Guide for Lawyers offers clear and comprehensive guidance to law students and attorneys in a wide range of settings about how to make sense of this multidimensional concept and fold its principles into their work and professional lives.”—Daniel C. Esty, Hillhouse Professor of Environmental Law and Policy at Yale University; Former Commissioner, Connecticut Department of Energy and Environmental Protection “This guidebook is long overdue, thank you! It’s high time more lawyers learn to organize and lead the systemic changes we need in the 21st century. This book shows the way!”—Kathleen Rogers, President, Earth Day Network “As law students, we’re taught that law structures society. Hardly—if ever—are we taught how to use the law to restructure society in a sustainable way. This guide not only explains how the law can be used to restructure society more sustainably, but also posits that this is the ethical duty of every lawyer.” —Minha Jutt and Chloe Ketchmark, University of Kansas School of Law, Class of 2022 “Lawyers and their clients talk a lot about sustainability, but what does that mean in practi- cal terms? Dernbach, Bogoshian, and Russell answer that question and provide a real-world guide in this admirable volume.”—Ken Alex, Director, Project Climate at UC Berkeley; Former Senior Policy Advisor, California Governor Jerry Brown “Hello to the curious and hopeful—this book is for you! It has all that you need to know on how to become a part of the movement that creates a more wonderful and sustainable planet for us all!” —Arlena Barnes, Former Senior Attorney, Bonneville Power AdministrationTable of ContentsCONTENTSAbout the Authors xiiiAcknowledgments xvIntroduction xviiFOUNDATION 11. A Brief History of Sustainable Development 32. Basic Principles for Applying Sustainable Development 193. Lawyers’ Responsibilities to Clients and the Public Good 31How Lawyers Use Sustainable Development in Law Practice 45MAKING A DIFFERENCE 616. Giving Effective Advice on Sustainable Development 777. Sustainable Development Lawyers as Systems Leaders in Legal Work 858. Sustainable Development Lawyers as Systems Leaders in the Workplace 93
£66.97
American Bar Association A Legal Guide to Recovering for Flood Losses
Book SynopsisA Legal Guide to Recovering for Flood Losses is a first-of-its-kind compendium of strategies for recovery from flood damages. It explains the component parts of the standard water/flood exclusion in property policies and identifies potential remedies. It has four parts:• The First Section begins with an analysis of the components parts of the standard water/flood exclusion in property policies. That is followed by a discussion of discrete clauses in property policies that provide limited coverage for flood losses.• The Second Section explores coverage under private flood insurance—both primary and excess—and under the Federal Emergency Management Agency Standard Flood Insurance Policy (SFIP). Discussion of the SFIP examines in depth the requirements for proofs of loss as deficient or untimely proofs of loss is the most common reason policyholders are denied coverage.• The Third Section highlights when recovery may be obtained under other types of coverages: business interruption; builder’s risk; equipment breakdown; commercial general liability; Directors & Officers; and automobile insurance. For each type of insurance policy, the treatise explains the coverage generally and then focuses on policy language that either covers or excludes flood losses.• The Fourth and Final Section concerns recovery from tortfeasors: insurance agents and brokers; landlords and tenants; governments; meteorologists and businesses providing inaccurate information about flooding dangers or failing to warn customers about known dangers.Table of ContentsPreface xxiiiAbout the Author xxv1 Introduction 11.1 The Flood Crisis 11.2 What Is a Flood? 31.3 Topics Covered 42 The Standard Water Damage Exclusions and Limitations 72.1 Introduction 72.2 The Water Damage Exclusion: Flood, Surface Water,Waves, and Tides 8[1] Generally 8[2] Defining the Terms of the Exclusion 9[a] Indirectly 9[b] Flood 10[c] Surface Water 22[d] Waves, Tides, and Tidal Waves 33[e] Overflow of Any Body of Water 35[f] Spray 38[g] Wind-Driven 392.3 The Water Damage Exclusion: Mudslide or Mudflow 442.4 The Water Damage Exclusion: Back Up or Overflow of Water 45[1] Generally 45[2] “From” and “Through” Defined 46[3] “Water” Defined 48[4] “Backup”/“Back Up” Defined 51[a] Generally 51[b] Ambiguity 52[c] Necessity that Water Enter Drain 53[d] Location of Blockage 54[e] Broken Water Main 55[5] “Overflow” Defined 55[6] “Sewer” Defined 56[7] “Drain” Defined 58[8] “Sump” and “Sump Pump” Defined 59[9] “Related Equipment” Defined 60[10] “Otherwise Discharged” Defined 61[11] Endorsement Deleting Exclusion 622.5 The Water Damage Exclusion:Water under the Ground Surface 622.6 The Water Damage Exclusion: Waterborne Material 672.7 Objects Propelled by Water 69[1] Introduction 69[2] Boats and Docks 69[3] Determinative Policy Language 71[4] Object Directing Water 712.8 Miscellaneous Terms Used to Describe Water 72[1] Introduction 72[2] Flash Flood 72[3] Tsunami 73[4] Seiche 75[5] Break, Breach, or Leak of a Levee, Dam, or Canal 76[a] Introduction 76[b] Break or Breach 76[c] Levee 77[d] Dam 78[e] Canal 782.9 The Continuous Seepage or Leakage Exclusion 78[1] Generally 78[2] “Continuous” and “Repeated” Defined 79[3] “Seepage” Defined 81[4] “Leakage” Defined 82[5] Distinguishing “Seepage” from “Leakage” 83[6] Temporal Requirement 84[7] Application of Temporal Requirement 85[8] Sudden Occurrence of Breach 86[9] The Vermin Exclusion 86[10] Rain Exclusion 872.10 Frozen Pipes or Equipment Exclusion 882.11 Explosion Limitation 902.12 Rain, Snow, Sleet, or Ice Limitation 922.13 Weather Conditions Exclusion 922.14 Other Exclusions 942.15 The Wind and Water Conundrum 953 Recovering under Standard Property Policies 993.1 Introduction 993.2 Limited Water Damage Coverage 99[1] Introduction: Standard Policy Language 99[a] Commercial Property Policies 99[b] Homeowners Policies 100[2] Interpretation of Standard Policy Terminology 101[a] Accidental Discharge or Leakage 101[b] Plumbing Systems 102[c] Other Systems or Appliances 104[d] Breaking Apart or Cracking 107[e] Described Premises 108[3] Continuous or Repeated Seepage or Leakage Exception 108[4] Frozen Pipes or Appliances Exception 109[a] Introduction 109[b] Meaning of “Frozen” Pipes 111[c] Standards of Care 112[d] Maintain Heat, Shut Off Water, and Drain Pipes 116[e] Reliance on Third Parties 118[f] Vacant, Unoccupied, or Under Construction 120[g] Protective Safeguard Endorsement 125[h] Evidence 1253.3 Sprinkler Leakage 127[1] Generally 127[2] Standard Coverage Language 128[3] Application of Sprinkler Leakage Provision 129[4] Location of Sprinkler System 129[5] Vacancy Clause 130[6] Exclusion by Endorsement 1313.4 Backups and Overflows 131[1] Introduction 131[2] Water Damage Coverage: Overflow or Discharge from a Plumbing System 133[3] Endorsements Adding Coverage for Backups and Overflows 136[a] Standard Residential Endorsement 136[b] Standard Commercial Endorsement 137[c] Endorsement Covering “Other” Systems 140[d] Source of Water 141[e] “Backup” Distinguished from “Overflow” 142[f] Damage Caused “Solely” by Backup 142[g] Anti-Concurrent Causation Clause in Policy Exclusion Section 1423.5 Damage to Roof or Walls through Which Water Enters 144[1] Policy Language 144[a] All-Risk Policies 144[b] Named Risk Policies 145[c] Non-Standard Language 146[d] Definition of Key Terms 147[2] Burden of Proof 152[3] Entry Points 156[a] Windows or Doors 156[b] Rooftop Air-conditioning Units 158[4] Reason for the Opening 158[a] Intentionally Created 158[b] Wind-Propelled Projectiles 158[c] Rainfall 159[d] Temporary Roof 160[e] Contractor Negligence 164[5] Duty of Insured to Protect Property from Further Damage 164[6] Exclusions 164[a] Flood or Surface Water 164[b] Windstorm and Hail Exclusion Endorsement 166[c] Wear and Tear 167[d] Faulty Workmanship 167[e] Long-Term Leaks 168[f] Building Upgrades 1703.6 Thawing of Snow, Sleet, or Ice on a Building or Structure 1703.7 Water Damage as a Consequence of Fire 1713.8 Vandalism and Water Damage 173[1] Introduction 173[2] Definition of “Vandalism” 174[3] Theft Exception 175[4] Change in Temperature Exception 176[5] Vandalism and Water Damage Exclusion 177[6] Location of Vandalism 178[7] Proof and Evidence 1783.9 Explosion and Water Damage 1803.10 “Ensuing” Water Damage 182[1] Introduction 182[2] Burden of Proof 184[3] Direct Physical Loss 185[4] Water Damage 185[5] Not Otherwise Excluded 187[6] Water Damage Sublimit 189[7] Tear Out to Repair 189[a] Plumbing System Leaks 189[b] Exterior Stucco 190[8] Sprinkler Leakage 1904 Recovering under a Private Flood Insurance Property Policy 1934.1 Introduction 1934.2 Forms of Primary Coverage 194[1] Introduction 194[2] Stand Alone Policy 195[3] NFIP-Compliant Policies 195[a] Introduction 195[b] Private Carrier Policies 197[c] Advantages of NFIP-Compliant Policies 198[4] Differences in Condition Policy 198[5] Parametric Insurance 200[6] Flood Endorsements to Property Coverage 202[a] Introduction 202[b] Endorsement Adding Flood Coverage 202[c] Endorsement Overriding Flood Exclusion 202[d] Endorsement Deleting Flood Exclusion 204[e] ISO Standard Flood Coverage Endorsement 2054.3 Definitions of “Flood” in Policies 2104.4 Physical Loss or Damage 2134.5 Exclusions to Primary Coverage 213[1] Flood Zone Exclusion 213[2] Rain 214[3] Building Ordinance or Law Exclusion 215[4] Artificially Generated Electrical Currents 216[5] Named Storm 216[6] Land Exclusion 217[7] Vacancy 2194.6 Limitations to Primary Coverage 221[1] Introduction 221[2] Limits of Insurance 221[3] Sublimits 223[a] “Sublimit” Defined 223[b] Applicability Generally 224[c] Statement of Values 226[d] Ensuing Loss Clause and Sublimits 226[e] Direct Physical Loss or Damage 227[f] Loss Caused by Windstorm 228[g] Multiple Insurers and Quota Share Programs 229[4] Deductibles 230[a] Generally 230[b] Applicability of Windstorm Deductible 231[c] Buyback Deductible 2324.7 Additional Coverages 233[1] Introduction 233[2] Increased Cost of Compliance 233[3] Debris Removal 236[a] Introduction 236[b] “Debris” Defined 238[c] Limits of Coverage 238[d] Exception for “Pollutants” 240[4] Loss of Residential Use Coverage 241[5] Claim Preparation Expenses 2424.8 Excess Flood Insurance 242[1] Introduction 242[a] Inadequacy of the Standard Flood Insurance Policy 242[b] Excess Insurance Defined 244[c] Layered Coverage 246[d] Umbrella Coverage Distinguished from Excess Coverage 246[2] Stand Alone or Follow Form 247[3] Coincidental Excess Insurance 250[4] SFIP as Excess Insurance 252[5] Maintenance of Underlying Insurance Clause 253[6] Available Excess Coverage 254[a] Generally 254[b] Standard Excess Flood Insurance Endorsement 255[c] Pacific Specialty Insurance Company Excess Flood Coverage 256[7] Policy Contents 257[a] Definitions Follow Form 257[b] Exclusions Follow Form 257[c] Deductibles Follow Form 258[d] Special Deductibles 259[e] Sublimits 259[f] Limits of Liability 259[8] Exhaustion of Primary Coverage 260[a] Generally 260[b] Functional Exhaustion 261[c] Actual Exhaustion 262[d] Payment by Primary Insurer Must Befor Flood Loss 264[e] Coverage for an “Occurrence” 266[f] Application of Sublimit 267[g] Burden of Proof 267[9] Insolvency of Primary Insurer 268[10] Service of Suit Clause 2695 Recovering under a FEMA Standard Flood Insurance Policy 2715.1 Introduction 271[1] The National Flood Insurance Program 271[2] The “Write Your Own” Program 271[3] The Standard Flood Insurance Policy 273[a] Generally 273[b] Insurable Interest 273[c] Dwelling Form 275[d] General Property Form 275[e] Residential Condominium BuildingAssociation Policy 276[f] Scheduled Building Policy 277[g] Judicial Interpretation of the SFIP 277[4] Manuals and Handbooks 278[5] The Role of Private Attorneys in SFIP Claims 2805.2 The Definition of Flood 281[1] Generally 281[a] Statutory Definition 281[b] FEMA Rule Definition 281[c] Policy Definition 282[2] Proof of Flood 283[a] Burden on Policyholder to Show a Flood 283[b] Evidence of Flood 284[3] Aspects of “Flood” 284[a] Mudflow 284[b] Inundation 285[c] Surface Water 286[d] Two or More Acres or Properties 286[e] Collapse or Subsidence 288[f] Erosion 289[4] Direct Physical Loss 290[a] Generally 290[b] Exposure to Moisture 291[c] Structural Damage Related to Flooding 2915.3 Coverage 292[1] Building Coverage 292[a] Building and Additions 292[b] Fixtures, Machinery, and Equipment 294[c] Construction Materials 294[d] Building Under Construction 294[e] Manufactured Home or Travel Trailer 294[f] Property below Lowest Elevated Floorin Some Buildings 296[2] Personal Property 298[a] Generally 298[b] Property below Lowest Elevated Floorin Some Buildings 299[c] Special Limits 300[d] Tenants and Condominium Unit Owners 300[3] Debris Removal 300[4] Loss Avoidance Measures 301[a] Sandbags, Supplies, and Labor 301[b] Property Removed to Safety 302[5] Pollution Damage 302[6] Increased Cost of Compliance 302[a] Generally 302[b] Limits of Coverage 303[c] Eligibility 303[d] Conditions 304[e] Exclusions 305[7] Property Not Covered 306[8] Exclusions 307[a] Losses That Are Not Direct Physical Loss Byor From Flood 307[b] Flood in Progress 307[c] Earth Movement 310[d] Water 311[e] Losses That May Be Covered by Other Insurance 313[f] Property Located on Land Leased from theFederal Government 3135.4 Notice of Loss 314[1] Requirement to Give Notice of Loss 314[2] The Meaning of “Prompt” Notice 314[3] Justified Delays 315[4] Notice-Prejudice Rule 316[5] Notice to Insurance Agent 3165.5 Claims Adjustment 317[1] Generally 317[2] Claims Adjusters 317[a] Generally 317[b] Adjuster Conduct 318[c] Adjuster Authority 320[d] Inspection of Property 320[e] Remote Claims Adjusting 321[f] Claims Adjustment Guidance for Adjusters 324[g] Non-Waiver Agreements and Reservationof Rights Letters 331[h] Guidance to Adjusters on Claims for SpecificProperty 331[i] Direction on Identification of Certain Property 335[j] Preliminary Report 335[k] Policyholder Representatives 337[l] Closing and Interim Reports 339[m] Proof of Loss 339[3] Use of Outside Professional Services 340[a] Generally 340[b] Engineers 341[c] Financial Accounting Professionals 342[4] Payment of Claim 342[a] Payment and Paying the Undisputed Loss 342[b] Claim Closed without Payment Reasons 343[c] Requests for Additional Payment 343[5] Claims Examiners 345[6] Direction to Policyholders on Documenting Claims 346[7] Advance Payments 346[a] Generally 346[b] Advance Payments before and after Inspection 346[c] Advance or Partial Payment for Increased Costof Compliance 348[d] Procedure for Issuing Advance Payment 349[e] Payment Exceeding Loss 350[8] Subrogation 3515.6 Proof of Loss 351[1] Generally 351[2] FEMA Proof of Loss Form 352[3] Sworn, Signed, and Notarized 353[a] Sworn 353[b] Signed 354[c] Notarization 355[4] Timeliness 356[a] Generally 356[b] Notice-Prejudice Rule 357[c] Meaning of “Date of Loss” 357[d] Calculation of 60-Day Period 358[5] Amount of Claim 358[6] Documents to be Submitted with Proof of Loss 359[a] Building Repair Estimate 359[b] Inventory of Damaged Personal Property 360[7] Multiple and Supplemental Proofs of Loss 363[8] Substantial Compliance with Proof of LossRequirement 363[9] Waivers and Extensions 364[a] Waiver 364[b] Extensions of Deadline 365[10]Rejected Proof of Loss 3675.7 Denial of Claim 3685.8 Claim File 369[1] Generally 369[2] Contents of Claim Files 370[3] Release of Claim File Information to Policyholders 370[4] Representative of Policyholder Obtaining Claim File 3715.9 Dispute Resolution 372[1] Appraisal 372[a] Generally 372[b] Pre-Conditions to Appraisal 373[c] Appeals or Litigation 374[2] Appeal 375[a] Generally 375[b] Limitations on Appeal 376[c] Procedures 376[d] Resolution of Appeal 378[e] Judicial Review 380[3] Litigation 380[a] Right to File Suit 380[b] Burden of Proof 381[c] Compliance with Policy as Pre-Condition to Suit 381[d] Claim Limited to Breach of Contract 382[e] Limitation Period 383[f] Exhaustion of Administrative Remedies 389[g] Service, Jurisdiction, and Venue 390[h] Proper Defendant 393[i] Jury Trial 394[j] Preemption 394[k] Damages 396[l] Fees, Costs, and Interest 397[4] Declaratory Judgment Actions 3996 Recovering under Business Interruptionand Related Coverages 4016.1 Introduction 4016.2 Business Interruption Coverage 401[1] Introduction 401[2] Coverage 405[a] Standard Policy Language 405[b] The Meaning of “Direct Physical Loss or Damage” 413[3] Covered Causes of Loss and the Flood Exclusion 414[a] Coverages and Flood Exclusion 414[b] Avoiding the Flood Exclusion 417[4] Policies Covering Flood Loss 418[5] Other Exclusions 420[a] Ordinance or Law Exclusion 420[b] Idle Periods Clause/Exclusion 421[c] Cancellation of Contracts Exclusion 422[d] Acts and Decisions 422[6] Additional Coverages 423[a] Civil Authority 423[b] Alterations and New Buildings 427[c] Extended Business Income 428[d] Utility Services 428[e] Contingent Business Interruption Coverage 430[f] Loss of Ingress or Egress 431[7] Limits of Insurance 432[a] Generally 432[b] Sublimits 432[c] The Meaning of “Occurrence” 434[8] Loss Conditions 434[a] Appraisal 434[b] Duties in the Event of Loss 435[c] Amount of Loss 4366.3 Extra Expense Coverage 447[1] Introduction 447[2] Coverage 447[a] Standard Policy Language 447[b] Flood as a Covered Cause of Loss 454[c] Direct Physical Loss or Damage 454[d] Disaster Relief and Insurance Recovery 456[e] Covered Extra Expenses 4566.4 Expediting Expense 4606.5 Preservation of Property Clause 4627 Recovering under Builder’s Risk Insurance 4657.1 Introduction 4657.2 Insurable Interest 4697.3 Builder’s Risk Policies: Coverages and Flood Exclusions 470[1] Introduction 470[2] Insurance Service Organization Policies 472[a] Introduction 472[b] ISO Commercial Property Builder’s Risk Coverage Form 473[c] ISO Commercial Inland Marine Builder’s Risk Coverage Form 476[3] American Association of Insurance Services Builder’s Risk Coverage Scheduled Jobsite Form 478[4] Progressive Insurance Contractors’ All-Risks Policy Form 4797.4 Water Damage/Flood Exclusion and Added Coverage 4817.5 Contractual Requirement for Coverage 4837.6 Deductibles 4847.7 Covered Property 4867.8 Coverage Limit 4877.9 Soft Cost Coverage 487[1] Introduction 487[2] Definition of “Soft Costs” 488[3] Limitations 490[4] Deductible 491[5] Covered Cause of Loss 492[6] Exclusions 492[7] Civil Authority Coverage 493[8] The Means for Determining the Amount of Loss 4947.10 Expediting Expense 4947.11 Faulty Workmanship Exclusion 4957.12 Exclusions for Extremes of Temperature or Freezing 4967.13 Ensuing Loss 4977.14 Termination of Coverage 4988 Recovering under Boiler and Machinery or EquipmentBreakdown Insurance 5018.1 Introduction 5018.2 Covering a Property Insurance “Gap” 5028.3 Policy Forms 5038.4 Declarations Page 5048.5 Coverage 506[1] Generally 506[2] Covered Equipment 506[3] “Accident” as Covered Cause of Loss 507[a] Generally 507[b] Typical Policy Language 508[c] Occurrences That Are Not Accidents 511[d] “Flood” as an Accident 513[4] “Breakdown” as the Covered Cause of Loss 513[5] Coverage 515[a] Property Damage 515[b] Business Interruption 515[c] Extra Expense 517[d] Expediting Expense 518[e] Ordinance and Law 518[f] Demolition 520[g] Utility Interruption 520[h] Errors and Omissions 521[i] Consequential Loss 5218.6 Exclusions 522[1] Generally 522[2] Water/Flood 523[a] Generally 523[b] FEMA Standard Flood Insurance Policy 525[c] Backup or Overflow of Sewer, Drains, or Drainage Piping 526[3] Explosion 527[4] Fire 528[5] Deterioration, Corrosion, and Wear and Tear 529[6] Earth Movement 530[7] Ordinance or Law 530[8] Perils Covered by Other Insurance 531[9] Neglect 532[10] Equipment Being Repaired or Tested 532[11] Lack of Power 5328.7 Limits of Insurance 5338.8 Deductibles 5348.9 Conditions 536[1] Generally 536[2] Duties in the Event of Loss or Damage 537[3] Reducing Loss 539[4] Valuation 539[5] Appraisal 542[6] Coinsurance 542[7] Joint or Disputed Loss 543[a] Generally 543[b] Clause Contents 544[c] Comparable Clause in Commercial Property Policy 545[d] ISO Endorsement 546[8] Privilege of Insurer to Adjust with Owner 547[9] Defense of Insured 547[10] Transfer of Rights of Recovery against Others to Insurer 547[11] Suspension 5488.10 Endorsements 5488.11 Successive Insurers 5499 Recovering under Commercial General Liability Insurance 5519.1 Introduction 5519.2 The Underlying Claim 5539.3 Definition of “Property Damage” 5559.4 Known Loss 5569.5 Coverage for an “Occurrence” 557[1] Introduction 557[a] “Occurrence” as an “Accident” 559[b] Intentional Act, Accidental Injury 561[c] Prior Experience 563[d] Rainfall 565[e] Expected or Intended from the Standpoint of the Insured 565[2] Construction Defects as an Occurrence 566[3] An Occurrence during Roof Repairs 571[4] Multiple or Single Occurrence 574[a] Introduction 574[b] Multiple Events 574[c] Multiple Injuries 5759.6 Act of God Defense 5769.7 Standard CGL Policy Exclusions 579[1] Introduction 579[2] Expected or Intended Injury 579[3] Contractual Liability 579[4] Pollution 584[5] Property Damage Exclusions 588[a] Ongoing Operations Exclusion 588[b] “Your Work” Exclusion 591[c] Damage to Your Product Exclusion 595[d] Your Completed Work Exclusion 5959.8 Non-Standard Exclusions 598[1] Water Damage Liability Exclusion 598[2] Weather-Related Damage to Work in Progress 600[3] Interference with Natural Drainage Exclusion 601[4] Residential Construction Work Exclusion 601[5] Contractor’s Professional Liability Exclusion 60310 Recovering under Directors and Officers Insurance 60710.1 Introduction 60710.2 Directors & Officers Insurance Generally 60810.3 Coverage 610[1] Insuring Agreement 610[2] Loss 610[3] Claim 611[4] Insured Person 612[5] Wrongful Act 61310.4 Exclusions 614[1] Generally 614[2] Dishonesty/Intentional Conduct 614[3] Construction 615[4] Property Damage 61610.5 Other Insurance 61910.6 No Action Clause 62010.7 Conclusion 62111 Recovering under an Automobile Policy 62311.1 Introduction 62311.2 Policy Language 62311.3 “Direct” and “Accidental” Loss 62411.4 “Colliding” with Flood Waters 62511.5 Loss Caused by Water or Flood 630[1] Generally 630[2] Loss Caused by Water or Flood 630[3] Loss Caused by Flood 631[4] Loss Caused by Flood Meaning Rising Waters 632[5] Loss Caused by Flood Meaning Rising Streams or Navigable Waters 632[6] Loss Caused by Flood or Rising Waters 632[7] Loss Caused by Water but Not Caused by Rain, Sleet, Snow, or Flood 633[8] Loss Caused by External Discharge or Leakage of Water 63311.6 Exclusions 63412 Recovering from an Insurance Producer 63712.1 Introduction 63712.2 Agents Distinguished from Brokers 63812.3 Liability of Agents and Brokers Generally 639[1] Basic Principles 639[2] The Narrow Duty of Agents and Brokers 640[3] Broader Duty of Agents and Brokers 642[4] Negligent Misrepresentation 644[5] Defenses 64412.4 Liability When the Coverage Sought Is Flood Insurance 64612.5 Liability When the Coverage Sought Is a FEMA Standard Flood Insurance Policy 64812.6 Liability When the Coverage Sought Is Excess Flood Insurance 65012.7 Waiver/Checklists 65212.8 Damages 65312.9 Reformation 654[1] Generally 654[2] Reformation of a FEMA Standard Flood Insurance Policy 655[a] Generally 655[b] The Exception 656[c] Reformation Prior to Loss 657[d] Reformation after Loss 658[e] Examples of Situations Requiring Reformation 65813 Recovering from a Commercial Landlord or Tenant 66113.1 Introduction 66113.2 Lease Covenants Regarding Repairs 66113.3 Destruction of Leased Premises 66313.4 Landlord’s Duty to Warn Tenant of Flood Risk 666[1] Generally 666[2] Tenant’s Duty to Examine Public Record 667[3] Duty to Warn of Specific Circumstances 66813.5 Agreements to Insure 66913.6 Subrogation Claims against Tenants 67113.7 Allocation of Insurance Proceeds 672[1] Generally 672[2] Tenant as Sole Insured 67314 Recovering from a Governmental Entity or Regulated Lender 67514.1 Introduction 67514.2 The United States 675[1] Generally 675[2] Flood Control Act 676[a] Generally 676[b] Specific Instances of Immunity from Flood Loss 678[c] National Flood Insurance Act and Section 702c Immunity 679[3] Waiver of Sovereign Immunity 681[a] The Federal Tort Claims Act Generally 681[b] The Federal Tort Claims Act and Flood Damage 683[c] Limited Waiver under the National Flood Insurance Act 689[4] Takings or Inverse Condemnation 69114.3 State Governments 695[1] Generally 695[2] Sovereign Immunity 695[3] Waiver of Immunity 696[4] Tort Claims for Flood Losses 699[a] Generally 699[b] Pertinent Tort Law Principles 700[c] Road Construction and Maintenance 705[d] Failure to Make Improvements 706[e] Flood Forecast 707[5] Takings or Inverse Condemnation 70714.4 Local Governments 710[1] Generally 710[2] Sovereign Immunity 710[3] Tort Claims for Flood Losses 711[a] Generally 711[b] Negligent Design 712[c] Lack of Maintenance or Inspection 713[d] Flood Control and Water Control Structures 715[e] Water and Sanitary Sewer Systems 718[f] Permitting 726[4] Takings or Inverse Condemnation 72814.5 Regulated Lender Liability 72815 Recovering from Weather Forecasters and Those Who Fail to Warn of Weather Dangers 73115.1 Introduction 73115.2 Private Weather Forecasters 732[1] Generally 732[2] Media Forecasters 733[3] Consulting Forecasters 73415.3 State and Local Agencies 735[1] Negligent Forecast 735[2] Failure to Warn or Alert 73615.4 Federal Government Agencies 739[1] Generally 739[2] Weather Forecast Liability 740[3] Aviation Weather Forecasts 74315.5 Failure of Private Business to Alert Patrons to Weather Dangers 74515.6 Establishing Duty, Breach, and Proximate Cause 747
£149.59
American Bar Association Environmental Bankruptcy Law: A Practice Guide
Book SynopsisEnvironmental Bankruptcy Law covers such topics as: A brief history of bankruptcy law and its general purposes and key concepts (Chapter 2) The different chapters of the Bankruptcy Code (Chapter 3) The timeline of a typical bankruptcy case (Chapter 4) Key statutory provisions (Chapter 5) Obtaining information in bankruptcy cases (Chapter 6) Filing proofs of claim and administrative expense applications (Chapter 7) The distinction between the treatment of compliance obligations versus the treatment of monetary liabilities under environmental bankruptcy law and the differences in treatment based on whether an environmental bankruptcy issue involves "property of the estate." (Chapter 8) The Practice Guide then examines the case law that addresses: The obligation to comply with nonbankruptcy law in managing and operating "property of the estate" (Chapter 9) The scope of the police or regulatory exception to the automatic stay (Chapter 10) Equitable remedies such as cleanup orders and bankruptcy law (Chapter 11) The priority of environmental claims and compliance obligations compared to other claims and liabilities (Chapter 12) When environmental claims arise and become dischargeable in bankruptcy (Chapter 13) Options for dealing with contaminated property owned by the bankruptcy estate (Chapter 14) Free and clear sales of contaminated property under bankruptcy law (Chapter 15) Plan confirmation objections based on feasibility, provisions forbidden by law, and the permissible scope of discharge of environmental liabilities (Chapter 16) Estimation and adjudication of environmental claims in bankruptcy (Chapter 17) Abandonment of contaminated property in bankruptcy (Chapter 18) Insurance coverage when addressing environmental liabilities in a bankruptcy proceeding (Chapter 19) Discussions of jurisdictional and standing issues in environmental bankruptcy cases including withdrawal of the reference (Chapter 20) and environmental settlements (Chapter 21).
£107.55
American Bar Association Environmental Social Governance
Book Synopsis
£107.96
American Bar Association Environmental Aspects of Real Estate and
Book Synopsis
£181.49
Rowman & Littlefield Wetlands: An Introduction
Book SynopsisWetlands are a vital natural resource and an integral part of the ecosystem. Yet they are also fraught with contention. Landowners, developers, ecologists, policymakers, and the courts must all navigate a complex landscape that requires knowledge not only of the relevant science of wetlands, but also the relevant policies, procedures, and legal precedents. In Wetlands: An Introduction Theda Braddock and Diane Hennessey guide the reader through this complex maze, presenting the most important information in an accessible way. The book opens with a brand new chapter on wetland jurisdiction and its history in the U.S., before explaining the basic science of wetlands—what they are, how they fit into the complex natural scheme, and the particular function and value of wetlands themselves. Fully updated chapters on wetland classification and the controversial issue of delineation round out the first half of the book. The second half explores the topics of permitting, enforcement, and litigation in detail, offering necessary information and practical guidance for all parties involved in wetlands disputes. This new edition has been extensively revised and updated, and presents the most up-to-date and important information on wetlands and their regulation. This new edition has been extensively revised and includes: ·A brand new chapter on jurisdiction ·Completely rewritten chapters on wetlands science ·Extensive updates within all chapters. ·Updated Table of Cases ·Updated Bibliography Special features includes: ·Comprehensive and up-to-date table of relevant legal cases ·Extensive bibliography of sources for further reading ·Easy-to-read flowcharts explaining wetland delineation conceptsTable of ContentsTable of Cases Chapter 1 Jurisdiction Chapter 2 Appearance of Wetlands Chapter 3 Types of Wetlands Chapter 4 Wetland Delineation Chapter 5 Permit Requirements Chapter 6 Permitting Procedures Chapter 7 Enforcement Procedures Chapter 8 Litigation and Defenses Bibliography Index About the Authors
£93.60
Rowman & Littlefield California Environmental Law and Natural
Book SynopsisThe California Environmental Law and Natural Resources Handbook is a succinct reference manual for lawyers, students, conservationists, and developers. It will take you step-by-step through statutes, programs, and stringent environmental standards in the state of California. This newly updated edition provides a comprehensive overview of California’s complex laws. It includes information on topics such as climate change, greenhouse gases, permit requirements, enforcement, and permitting processes. This is the first edition of the California Environmental Law and Natural Resources Handbook in 14 years.
£152.10
Rowman & Littlefield New Jersey Environmental Law Handbook
Book SynopsisThis thoroughly revised edition of the New Jersey Environmental Law Handbook provides a comprehensive reference work that the reader can rely on for up-to-date and accurate information on New Jersey's environmental law. Each chapter incorporates both a theoretical and practical approach to ensure that you get the best and most actionable information possible. The authors are all respected attorneys, consultants, and professionals, and all experts in their fields. They come together in this book to provide the most in-depth and up-to-date guide for New Jersey’s environmental regulations and policies, all while maintaining an accessible and engaging writing style.
£97.20
Rowman & Littlefield Maryland Environmental Law Handbook
Book SynopsisThis thoroughly revised edition of the Maryland Environmental Law Handbook provides a comprehensive reference work that the reader can rely on for up-to-date and accurate information on Maryland's environmental law. Each chapter incorporates both a theoretical and practical approach to ensure that you get the best and most actionable information possible. This is the first edition of the Maryland Environmental Law Handbook in 16 years.
£100.80
Rowman & Littlefield Washington Environmental Law Handbook
Book SynopsisWritten for a general audience that includes attorneys, land developers, businesses, and government officials, this completely updated edition provides a general overview of Washington's state and federal statutory and regulatory framework. The author, an experienced environmental attorney, addresses recent environmental rulings, case law developments, and such key topics as coastal zone management, shoreline regulation, critical area regulation, oil spill regulation, underground storage tanks, air and water quality, and natural resources damages.
£97.20
Rowman & Littlefield Massachusetts Environmental Law Handbook
Book SynopsisThis thoroughly revised edition of the Massachusetts Environmental Law Handbook provides a comprehensive reference work that the reader can rely on for up-to-date information on Massachusetts’ environmental law. It incorporates both a theoretical and practical approach to ensure that the reader obtains the most definitive information available.The fourth edition is the first update since 1999. It includes topics such as hazardous waste management, chemical use and exposure, regulation of water supplies, and air pollution control.
£87.30
Rowman & Littlefield Code of Federal Regulations, Title 40: Part 60,
Book SynopsisTitle 40 presents regulations governing care of the environment from the 14 subchapters of Chapter I and from the provisions regarding the Council on Environmental Quality found in Chapter V. Programs addressing air, water, pesticides, radiation protection, and noise abatement are included. Practices for waste and toxic materials disposal and clean-up are also prescribed. Additions and revisions to this section of the code are posted annually by July. Publication follows within six months.
£44.10
Rowman & Littlefield Code of Federal Regulations, Title 40 Protection
Book SynopsisTitle 40 presents regulations governing care of the environment from the 14 subchapters of Chapter I and from the provisions regarding the Council on Environmental Quality found in Chapter V. Programs addressing air, water, pesticides, radiation protection, and noise abatement are included. Practices for waste and toxic materials disposal and clean-up are also prescribed. Additions and revisions to this section of the code are posted annually by July. Publication follows within six months.
£45.90
Rowman & Littlefield Code of Federal Regulations, Title 40: Parts
Book SynopsisTitle 40 presents regulations governing care of the environment from the 14 subchapters of Chapter I and from the provisions regarding the Council on Environmental Quality found in Chapter V. Programs addressing air, water, pesticides, radiation protection, and noise abatement are included. Practices for waste and toxic materials disposal and clean-up are also prescribed. Additions and revisions to this section of the code are posted annually by July. Publication follows within six months.
£46.80
Rowman & Littlefield Code of Federal Regulations, Title 40: Part 80
Book SynopsisTitle 40 presents regulations governing care of the environment from the 14 subchapters of Chapter I and from the provisions regarding the Council on Environmental Quality found in Chapter V. Programs addressing air, water, pesticides, radiation protection, and noise abatement are included. Practices for waste and toxic materials disposal and clean-up are also prescribed. Additions and revisions to this section of the code are posted annually by July. Publication follows within six months.
£38.70
Rowman & Littlefield Code of Federal Regulations, Title 40: Parts
Book SynopsisTitle 40 presents regulations governing care of the environment from the 14 subchapters of Chapter I and from the provisions regarding the Council on Environmental Quality found in Chapter V. Programs addressing air, water, pesticides, radiation protection, and noise abatement are included. Practices for waste and toxic materials disposal and clean-up are also prescribed. Additions and revisions to this section of the code are posted annually by July. Publication follows within six months.
£23.75
Rowman & Littlefield Code of Federal Regulations, Title 40: Parts
Book SynopsisTitle 40 presents regulations governing care of the environment from the 14 subchapters of Chapter I and from the provisions regarding the Council on Environmental Quality found in Chapter V. Programs addressing air, water, pesticides, radiation protection, and noise abatement are included. Practices for waste and toxic materials disposal and clean-up are also prescribed. Additions and revisions to this section of the code are posted annually by July. Publication follows within six months.
£46.80
Island Press Waters of the United States
Book SynopsisAn authoritative and unparalleled examination of the policy and legal battles that will shape the future of our nation'swater.
£32.40
Workman Publishing Co. Inc As the World Burns: The New Generation of
Book Synopsis
£29.99
Lexington Books Earth Polyphony
Book SynopsisIn Earth Polyphony, Suhasini Vincent analyzes the theory of ecocriticism in its entirety, and its existence in the global paradigm of climate change. Vincent shows how a polyphony of voices can affect law and decision making in the era of the Anthropocene, and aptly shows how voices can coexist as in Bakhtinian polyphony where multiple perspectives coexist despite contradictions and differences.Vincent argues that both material and non-material worlds are endowed with storied forms of knowledge that prompt ecocritical writers to engage in new experimental modes of expression. She explores the material turn', the animal turn' and the narrative turn' to highlight how law meets literature, prompts eco-activism, and how these crisscrossing narratives influence each other to spark judicial activism in forums around the planet.
£86.40
University of Calgary Press Environment in the Courtroom, Volume II
Book SynopsisCourts, regulatory tribunals, and international bodies are often seen as a last line of defense for environmental protection. Governmental bodies at the national and provincial level enact and enforce environmental law, and their decisions and actions are the focus of public attention and debate. Court and tribunal decisions may have significant effects on environmental outcomes, corporate practices, and raise questions of how they may best be effectively and efficiently enforced on an ongoing basis.Environment in the Courtroom, Volume II examines major contemporary environmental issues from an environmental law and policy perspective. Expanding and building upon the concepts explored in Environment in the Courtroom, it focuses on issues that have, or potentially could be, the subject of judicial and regulatory tribunal processes and decisions. This comprehensive work brings together leading environmental law and policy specialists to address the protection of the marine environment, issues in Canadian wildlife protection, and the enforcement of greenhouse gas emissions regulation.Drawing on a wide range of viewpoints, Environment in the Courtroom, Volume II asks specific questions about and provides detailed examination of Canada's international climate obligations, carbon pricing, trading and emissions regulations in oil production, agriculture, and international shipping, the protection of marine mammals and the marine environment, Indigenous rights to protect and manage wildlife, and much more. This is an essential book for students, scholars, and practitioners of environmental law.
£96.30
University of Calgary Press Environment in the Courtroom, Volume II
Book SynopsisCourts, regulatory tribunals, and international bodies are often seen as a last line of defense for environmental protection. Governmental bodies at the national and provincial level enact and enforce environmental law, and their decisions and actions are the focus of public attention and debate. Court and tribunal decisions may have significant effects on environmental outcomes, corporate practices, and raise questions of how they may best be effectively and efficiently enforced on an ongoing basis.Environment in the Courtroom, Volume II examines major contemporary environmental issues from an environmental law and policy perspective. Expanding and building upon the concepts explored in Environment in the Courtroom, it focuses on issues that have, or potentially could be, the subject of judicial and regulatory tribunal processes and decisions. This comprehensive work brings together leading environmental law and policy specialists to address the protection of the marine environment, issues in Canadian wildlife protection, and the enforcement of greenhouse gas emissions regulation.Drawing on a wide range of viewpoints, Environment in the Courtroom, Volume II asks specific questions about and provides detailed examination of Canada's international climate obligations, carbon pricing, trading and emissions regulations in oil production, agriculture, and international shipping, the protection of marine mammals and the marine environment, Indigenous rights to protect and manage wildlife, and much more. This is an essential book for students, scholars, and practitioners of environmental law.
£47.60
University of Calgary Press Environment in the Courtroom
Book SynopsisCanadian environmental law is a dynamic and exciting area that is playing an increasingly important role in furthering sustainable development policy. Environmental law has distinctive relevant principles, operating procedures, implications, and importance in comparison with other areas of law, and these distinctions must be appreciated both within the legal community and by all those who are concerned with the way that courts handle environmental cases. Environment in the Courtroom provides extensive insight into Canadian environmental law. Covering key environmental concepts and the unique nature of environmental damage, environmental prosecutions, sentencing and environmental offences, evidentiary issues in environmental processes and hearings, issues associated with site inspections, investigations, and enforcement, and more, this collection has the potential to make make a significant difference at the level of understanding and practice. Containing perspective and insight from experienced and prominence Canadian legal practitioners and scholars, Environment in the Courtroom addresses the Canadian provinces and territories and provides context by comparison to the United States and Australia. No other collection covers these topics so comprehensively. This is an essential reference for all those interested in Canadian environmental law.Table of Contents AcknowledgementsList of ContributorsList of Figures Introduction In the Shadow of the Green Giants:Environmentalism and Civic EngagementJonathan Clapperton and Liza Piper Process and Possibilities Strategies for Survival:First Nations Encounters with Environmentalism Anna J. Willow Native/Non-Native Alliances:Challenging Fossil Fuel Industry Shipping at Pacific Northwest Ports Zoltán Grossman Conserving Contested Ground:Sovereignty–Driven Stewardship by the White Mountain Apache tribe and the Fort Apache Heritage Foundation John R. Welch From Southern Alberta to Northern Brazil:Indigenous Conservation and the Preservation of Cultural Resources Sterling Evans Parks For and By the People:Acknowledging Ordinary People in the Formation, Protection, and Use of State and Provincial Parks Jessica M. DeWitt Histories Alternatives:Environmental and Indigenous Activism in the 1970sLiza Piper Marmion Lake Generating Station:Another Northern Scandal? Tobasonakwut Peter Kinew Environmental Activism as Anti–Conquest:The Nuu–chch–nulth and Environmentalists in the Contact Zone of Clayoquot Sound Jonathan Clapperton Local Economic Independence as Environmentalism:Nova Scotia in the 1970s Mark Leeming "Not an Easy Thing to Implement":The Conservation Council of New Brunswick and Environmental Organization in a Resource–Dependent Province, 1969–1983Mark J. McLaughlin The Ebb and Flow of Local Environmental Activism:The Society for Pollution and Environmental Control (SPEC), British Columbia Jonathan Clapperton From Social Movement to Environmental Behemoth:How Greenpeace Got Big Frank Zelko Afterward Lessons and Directions from the Ground UpJonathan Clapperton and Liza Piper BibliographyIndex
£90.95
Intersentia Ltd Compensating Ecological Damage Comparative and
Book SynopsisThis book focuses on the damage to private natural resources which have an ecological value in excess of their market value and the damage to public natural resources. Its aim is to design a compensation system, taking into account the interaction between regulation, liability rules and compensation mechanisms.
£81.70
Intersentia Ltd The Effectiveness of Environmental Law
Book SynopsisThis book is the third volume in the European Environmental Law Forum (EELF) Book Series. The EELF is a non-profit initiative of environmental law scholars and practitioners from across Europe aiming to support intellectual exchange on the development and implementation of international, European and national environmental law in Europe. One of the activities of the EELF is an annual conference. This book bundles 15 contributions from those presented during the Third EELF Conference in Aix-en-Provence, hosted by the CERIC, Aix-Marseille University, from 2 to 4 September 2015.The central topic of the book is the effectiveness of environmental law. Indeed the impressive developments in environmental law in recent years have not always been matched by corresponding improvements in environmental quality. The threats to our environment and, by extension, to human health have never been so numerous or so serious. Paradoxically, the effectiveness of environmental law has been a long-neglected issue. This book offers a fruitful and stimulating dialogue between practitioners and academics, from varied countries and varied fields, combining empirical and theoretical approaches to the topic. Suggestions for improving the effectiveness of environmental law range from classic yet still necessary approaches working within criminal and administrative channels, such as civil sanctions, liability rules and strengthening the regulatory structure and the role of judges, to more innovative methods involving public participation, collaborative or hybrid governance and private environmental enforcement.
£67.45
Intersentia Ltd Procedural Environmental Rights: Principle X in
Book SynopsisThis book is the fourth volume in the European Environmental Law Forum (EELF) book series. The Fourth EELF Conference dedicated to Procedural Environmental Rights of the public was organised in Wrocław from 14 to 16 September 2016 by the Faculty of Law of the University of Wrocław in co-operation with the Environmental Law Center, Wrocław, the law firm Jendrośka Jerzmański Bar & Partners and the Faculty of Law of the University of Opole. `Procedural Environmental Rights: Principle X in Theory and Practice’ is not a random collection of papers presented at the conference but rather a monograph presenting in a structured manner some of the topical issues related to this subject. It provides an overview of various aspects of the current status, development and practice of rights of access to information, public participation in decision-making and access to justice in environmental matters following their codification as non-binding principles in Principle X of the Rio Declaration. The book goes far beyond presenting merely the issues related to environmental procedural rights in Europe - it brings together the expertise of worldwide legal scholars, representing a wide range of legal cultures, to discuss the adoption and implementation of procedural environmental rights in different jurisdictions and under various legal instruments. Furthermore, it provides insight into the various aspects of procedural environmental rights ranging from theoretical issues of global application to practical problems at local level.
£80.75
Intersentia Ltd The Platform Economy: Unravelling the Legal
Book SynopsisOn 20 December 2017 and 10 April 2018 respectively, the Court of Justice of the European Union passed two landmark cases on the legal status of internet platform Uber. The Court established that Uber does not merely provide an app, but rather offers a full transport service. Without Uber there would be no market for non-professional drivers using their own vehicles. Moreover, the platform exercises a decisive influence over the conditions under which drivers provide their service. These rulings address the very core of several highly debated questions on the legal status of online intermediaries such as Uber, Airbnb and TaskRabbit. Is regulatory intervention needed to reap the potential benefits of the platform economy or to mitigate the potentially negative consequences of regulatory disruption? Can platforms be held liable for the proper execution of services provided by others? Does existing national regulation impose disproportionate market restrictions on innovators? Should we rethink labour protection aand social security to address the potential loss of social protection of non-standard workers? How can revenue law be improved to tackle elaborate (international) schemes to avoid direct and indirect taxation? Emerging platforms claim to create new market opportunities and to provide innovative solutions to improve social welfare. Conversely, the platform economy blurs established lines between traditional legal categories, such as business and consumer, personal and professional, and worker and contractor. Traditional regulation, which often focuses on balancing the interests of two contracting parties, is now confronted with the three-sided contractual relationship between a platform, a supplier and a user. In this book, a panel of international legal experts unravel the legal status of online intermediaries a thorny knot that legislators, judges and lawyers across the globe are facing.Trade Review''This book is for anyone interested in keeping an eye on the legal developments associated with the 'platform economy'. The clarity of writing offers an easy and enjoyable read on ostensibly technical subjects (employment law, social security law, taxation, and contract). The book achieves a good balance between descriptive content and expert analysis on the topic at hand, making it accessible law from law students to policy-makers or practitioners.'' -- Dr Mathilde Davis, IPKat Blog, 2019Table of ContentsPART I. KEY LEGAL ISSUES: REGULATORY DISRUPTION AND REGULATORY OPPORTUNITIES. Chapter 1. Digital Platforms: To Regulate or Not to Regulate? (p. 1). Chapter 2. Contractual Liability of the Platform (p. 31). Chapter 3. Law Evasion in the Platform Economy: The Uber Case (p. 89). Chapter 4. Regulating the Sharing Economy in China: A National Report (p. 125). PART II. PLATFORMS AND EU LAW: WHERE ARE WE NOW AND WHAT LIES AHEAD? Chapter 1. Competition Law in the Peer-to-Peer Economy (p. 141). Chapter 2. Draft Model Rules on Online Intermediary Platforms (p. 173). PART III. PLATFORMS AND SOCIAL LAW: RETHINKING LABOUR PROTECTION AND SOCIAL SECURITY TO ADDRESS NON-STANDARD WORK? Chapter 1. The Court of Justice of the EU, Uber and Labour Protection: A Labour Lawyers' Approach (p. 187). Chapter 2. Social Protection of Non-Standard Workers: The Case of Platform Work (p. 227). Chapter 3. Social Security and the Platform Economy in Belgium: Dilemma and Paradox (p. 259). Chapter 4. And What About the Gig Worker? (p. 287). PART IV. PLATFORMS AND REVENUE LAW: PUSHING THE BOUNDARIES OF DIRECT AND INDIRECT TAXATION? Chapter 1. International Corporate Taxation of Digital Platforms (p. 325). Chapter 2. Collecting Value Added Tax in the Platform Economy: Overview of the Fundamental Issues and Recent EU 2018 Developments (p. 363). Chapter 3. Uber's Approach to Value Added Tax: Testing the Limits of the European VAT Legislation (p. 379).
£90.25
Intersentia Ltd Consumer Sales Remedies in US and EU Comparative
Book SynopsisThis book is an in-depth study of the US and EU approaches towards consumer sales remedies. It does not limit itself to a mere comparison of the hierarchy of consumer sales remedies but covers the topic comprehensively, also examining (extra)judicial application of remedies and notification duties.Whereas EU rules prescribe a very strict hierarchy of remedies that are often misunderstood by consumers, and are very favourable towards the remedy of specific performance (or performance in kind), in the US a strong preference for damages can be found. This means that consumers often do not know which remedy they are exactly entitled to or how to invoke it in a correct manner.Learning from both systems, Consumer Sales Remedies in US and EU Comparative Perspective provides a valuable and insightful contribution to the discussion of what the organisation of remedies should look like to best protect consumers. It is written at a time when the EU is considering a 'new' consumer sales Directive, and US scholars are working on the restatement of consumer contract law. It proposes to give consumers a free choice, limited by good faith and proportionality only.
£56.05
Intersentia Ltd Eastern and Western Perspectives on Surrogacy
Book SynopsisOver the past 10 years, a convergence of scientific, demographic, legal and social developments has led to a significant influx of cases of international surrogacy. What was previously a marginal form of parenthood has become a multi-billion dollar industry, raising concerns for surrogate mothers, commissioning parents, and children alike. Lawyers, philosophers and health care professionals have struggled to formulate a framework to ensure the protection of surrogate mothers from exploitation, whilst combatting the vulnerability of commissioning parents to agencies and intermediaries, and providing children born as a result of this practice with certainty regarding their identity, status, and nationality.The transnational nature of the issues raised in relation to international surrogacy agreements means that individual states have struggled to take decisive action, and there remains a myriad of different responses to this issue. This book brings together experts from Eastern and Western backgrounds, to consider the way in which different jurisdictions have responded to surrogacy, both within their own borders, and when an international agreement takes place involving one of their citizens. Each chapter includes a discussion of the laws concerning the establishment and contestation of legal parentage through surrogacy under domestic law; the rules and laws concerning surrogacy arrangements on a domestic level; and approaches to recognition of legal parenthood acquired through surrogacy in other jurisdictions. In addition, the chapters consider the socio-economic context of surrogacy in the chosen jurisdictions, through questions concerning the profile of surrogate mothers and commissioning parents, the involvement of intermediaries, and the nature of the interactions between these parties. In this way, the book provides a comprehensive understanding of the confluences and tensions in the way surrogacy is approached in these jurisdictions, and seeks to identify trends emerging from these different regions.In doing so, Eastern and Western Perspectives on Surrogacy seeks to contribute to the greater understanding of the regulation of surrogacy throughout the world, and will serve as a reference work for anyone involved in practice, academia or law reform in this subject area.Trade Review'The book will be insightful and useful for a wide readership: anyone with an interest in differing approaches to the regulation of surrogacy; anyone concerned with how domestic law can be reformed; and anyone considering how international regulation might solve the current problems we can see with surrogacy as currently practiced.' -- Lottie Park-Morton, European Journal of Health Law, 2020.Table of ContentsEastern and Western Perspectives on Surrogacy (p. 1) Questionnaire (p. 7) PART I. WESTERN PERSPECTIVES - THE PROHIBITIVE APPROACH. Surrogacy in France (p. 13) Surrogacy in Germany (p. 35) Surrogate Motherhood Under German National and International Private Law (p. 49) Surrogacy in Spain (p. 59) PART I. WESTERN PERSPECTIVES - THE TOLERANT APPROACH. Surrogacy in Australia (p. 83) A View from the Bench in Australia (p. 105) Surrogacy in England and Wales (p. 115) The Legal Implications of International Surrogacy Agreements (p. 135) PART I. WESTERN PERSPECTIVES - THE REGULATORY APPROACH. Surrogacy in Greece (p. 145) Surrogacy in Israel (p. 165) Surrogacy in South Africa (p. 185) Surrogacy in New Zealand (p. 203) Surrogacy in Portugal (p. 229) Surrogacy in Iceland (p. 259) PART I. WESTERN PERSPECTIVES - THE FREE MARKET APPROACH. Surrogacy in Russia (p. 279) Surrogacy in the United States of America (p. 307) PART I. WESTERN PERSPECTIVES - THE INFLUENCE OF INTERNATIONAL COURTS. Surrogacy before the European Court of Human Rights (p. 329) PART II. EASTERN PERSPECTIVES - THE PROHIBITIVE APPROACH. Surrogacy in China (p. 355) Surrogacy in Taiwan (p. 377) Surrogacy in Singapore (p. 397) PART II. EASTERN PERSPECTIVES - A TOLERANT APPROACH? Surrogacy in Hong Kong (p. 417) PART II. EASTERN PERSPECTIVES - REGULATION THROUGH PROFESSIONAL MEDICAL BODIES. Surrogacy in Japan (p. 439) Surrogacy in South Korea (p. 449) PART II. EASTERN PERSPECTIVES - FROM FREE MARKET TO REGULATION. Surrogacy in India (p. 467) Surrogacy in Thailand (p. 499) PART III. COMPARATIVE PERSPECTIVES ON SURROGACY. Surrogacy in a Globalised World (p. 513)
£89.30
Intersentia Ltd The Effectiveness and Application of EU and EEA
Book SynopsisIn the current decentralised system of European Union (EU) and European Economic Area (EEA) law enforcement, national courts play a crucial role in securing the effectiveness and application of the law. A great deal of legal research has been expounded on how the Court of Justice of the European Union (CJEU) and the European Free Trade Association Court (EFTA Court) have established and developed the key mechanism for doing so - namely the principle of consistent interpretation. Yet the principle's scope and limits can only be fully understood if one looks to the final outcome of cases at national level, and how national courts charged with the duty of applying the principle actually do so when faced with such issues in practice.Adopting an ambitious and consistent approach, contributors from 12 European states therefore examine the reception of the principle through national case-law, focusing on three issues: reception and understanding of the concept, its criteria for application, and its limitations. The individual contributions are further synthesised and compared in an overarching comparative chapter that identifies considerable tension between the goals of uniform and homogenous application of the principles, and a plurality of different approaches at national level. The findings further touch on a broader range of issues, providing the reader with insights into the cooperative dialogue between European and national courts more generally.The Effectiveness and Application of EU and EEA Law in National Courts will be of interest to academics, students, EU/EEA/EFTA and national institutional actors, judges, practitioners, and anyone interested in gaining unique insights into the workings of EU and EEA law and culture in practice.
£132.05
Intersentia Ltd The European Free Trade Association: An
Book SynopsisThis book shall be an introduction into the European Free Trade Association (EFTA) as an international organization and, inter alia, as a platform for its member states' relations with the EU and for jointly negotiated Free Trade Agreements. EFTA - originally set up by the UK - is an example of how countries that do not want to be members of the EU can still have close links with it. EFTA is a loose intragovernmental association of some economically highly specialised, small and wealthy Western European small states which have, until now, decided not to join the European Union (EU). Essentially it is the platform for Iceland, Liechtenstein, Norway and Switzerland to coordinate their free trade policies as far as possible. Iceland, Liechtenstein and Norway also use EFTA, in particular its Secretariat, to manage their membership of the European Economic Area (EEA) and to adopt relevant legislation into the Agreement. Particularly in the context of Brexit it should also be noted that there are elements of the relations between the four EFTA States and the EU which are not necessarily based on either the EEA Agreement or the EU-Swiss Agreements. Until recently, EFTA was considered an outdated model. However, since Brexit interest in EFTA has increased. Where the subject was covered in the press, but also in relevant statements by politicians, there was hardly any distinction made between 'EFTA' and the 'EEA'. This book is not about Brexit, rather it will correct certain misconceptions about EFTA and provide a clear overview on what EFTA is: a platform for the economic relations between its member states; a platform for its member states' free trade policy and a platform for its member states' relations with the EU. There will be food for thought on the UK's future outside the EU.Table of Contents1. What is EFTA? (p. 1) 2. Short Historical Overview (p. 9) 3. Substantive Fields of Activity of EFTA (p. 21) 4. EFTA Institutions, Membership, Scope and Other General Provisions (p. 55) 5. Trade Relations with Third Countries and Groups of Countries (p. 85) 6. The Relations between the EFTA States and the EU/EEA (p. 115) 7. Conclusion: EFTA Membership for the UK Post-Brexit? (p. 165)
£56.00
Intersentia Ltd International Survey of Family Law 2018
Book SynopsisThe International Survey of Family Law is the annual review of the International Society of Family Law. It brings together reliable and clearly structured insights into the latest and most notable developments in family law from all around the globe. Chapters are prepared by an international team of selected experts in the field, usually covering 20 or more jurisdictions in each edition. The International Society of Family Law (ISFL) is an independent, international, and non-political scholarly association dedicated to the study, research and discussion of family law and related disciplines. The Society's membership currently includes professors, lecturers, scholars, teachers, and researchers from more than 50 different countries, offering a unique opportunity for networking within a truly international family law community.
£69.35
Intersentia Ltd Civil Procedure and Harmonisation of Law: The
Book SynopsisA range of international and European Union legal instruments exert influence on the national civil procedure rules of European Union member states. Some specifically aim for the harmonisation of national procedural law across Europe, while others primarily focus on facilitating cross-border litigation, enforcing rights or setting minimum standards. However, often the same time instruments cause fragmentation, reduce coherence and challenge prevailing concepts and doctrines of national civil procedure law.With a view to carefully selected North Western jurisdiction (EU and EEA member states) this book explores how EU, EEA, and international legislation, judicial activism on EU and national level, and new soft law instruments affect national civil procedure law and how, in turn, national rules may impact the development of international instruments. How are the respective countries affected by a particular (EU) regulation? Has the regulation generated changes of the national law? Are European rules, or national rules following from them, applied in court practice? Are there differences in the approach towards implementation and application of EU law, and if so why and with what consequences? Do international influences serve as an impetus for national reforms, or are they implemented mechanically? Do hard law approaches produce more harmonisation or convergence than soft law approaches?
£75.05
Intersentia Ltd Sustainable Management of Natural Resources:
Book SynopsisThis book is the fifth volume in the European Environmental Law Forum (EELF) Book Series. The EELF is a non-profit initiative established by environmental law scholars and practitioners from across Europe aiming to support intellectual exchange on the development and implementation of international, European and national environmental law in Europe. One of the activities of the EELF is the organisation of an annual conference.The fifth EELF Conference dedicated to 'Sustainable Management of Natural Resources - Legal Instruments and Approaches' was held in Copenhagen from the 30th of August to the 1st of September 2017 at the Faculty of Science, University of Copenhagen, in collaboration with the Department of Law, Aarhus University.This book is a collection of peer reviewed contributions addressing various legal aspects of sustainable management of natural resources. Natural resources are in this book understood in broad terms encompassing biodiversity, water, air and soil, as well as raw materials. Based on the contributions, it can be asserted that despite many efforts there is still a long way to go in order to achieve sustainable management of natural resources. Making ecosystem integrity ultimately the bottom-line for sustainable development requires not only dedication in the design and coherence of (environmental) legislation at international, EU and national level, but also a strong commitment to the implementation and enforcement of the legislation. Thus, it is necessary to carefully consider how different legal instruments and approaches may pave the way for the sustainable management of natural resources.
£61.75
Intersentia Ltd The Impact of Cybercrime on Belgian Businesses
Book SynopsisInformation technology offers unprecedented opportunities to individuals, businesses and the public sector but also creates new vulnerabilities to crime. Impressive cybercrimes have been reported in the media in recent years, demonstrating the grave harm that even a single cyberattack can cause. Yet no systematic assessment of the impact of cybercrime on Belgian society and economy had been conducted until the start of the research project Belgian Cost of Cybercrime (BCC) in 2013, which was funded by the Belgian Service Science Policy Office (BELSPO) and coordinated by the KU Leuven Centre for IT & IP Law (CiTiP), in collaboration with the KU Leuven Institute of Criminology (LINC).Building on that large multidisciplinary project, the book assesses the impact of cybercrime on businesses based in Belgium, drawing from a thorough conceptualization of both cybercrime and itsimpact. Using data collected through two surveys sent to more than 9,000 representatives of Belgian businesses, the authors report that most of the responding businesses are confronted with at least one type of cybercrime every year and some of them suffer serious harm from these incidents. Lastly, the book calls for the identification and implementation of effective preventive measures targeting the different types of cybercrime.
£52.25
Intersentia Ltd The Limits of Criminal Law (student edition):
Book SynopsisThe Limits of Criminal Law shines light from the outer edges of the criminal law in to better understand its core. From a framework of core principles, different borders are explored to test out where criminal law's normative or performative limits are, in particular, the borders of crime with tort, non-criminal enforcement, medical law, business regulation, administrative sanctions, counter-terrorism and intelligence law.The volume carefully juxtaposes and compares English and German law on each of these borders, drawing out underlying concepts and key comparative lessons. Each country offers insights beyond their own laws. This double perspective sharpens readers critical understanding of the criminal law, and at the same time produces insights that go beyond the perspective of one legal tradition.The book does not promote a single normative view of the limits of criminal law, but builds a detailed picture of the limits that exist now and why they exist now. This evidence-led approach is particularly important in an ever more interconnected world in which different perceptions of criminal law can lead to profound misunderstandings between countries. The Limits of Criminal Law builds picture of what shapes the criminal law, where those limits come from, and what might motivate legal systems to strain, ignore or strengthen those limits. Some of the most interesting insights come out of the comparison between German systematic approach and doctrinal limits with English laws focus on process and judgment on individual questions.
£94.05
Intersentia Ltd Environmental Law for Transitions to
Book SynopsisOver the last decades, environmental law has significantly contributed to limiting pollution and decoupling economic growth and negative environmental effects. However, current challenges require out-of-the-box solutions, integrated and inclusive approaches of both public and private actors and cross-border sets of instruments. This book presents inspiring ideas about how law can support the fundamental transition processes to a sustainable future and how it can provide guidance on the pathways to sustainability. This book focuses on issues such as what legal instruments optimally encourage disruptive breakthroughs and where law may actually hamper sustainable innovations and solutions. It examines conceptual issues and specific legal tools, not only from an EU law perspective, but also from national and international law perspectives. Alongside general discussions about the role that law plays in encouraging sustainability, the book also concentrates on substantive areas in which transition processes to sustainability are urgently needed: the transition to a low carbon economy in order to comply with the Paris Agreement for climate change, the transition to a holistic management of water resources to achieve water security and the transition to halting the loss of biodiversity. The different contributions make clear that until recently, law played a limited role and should be further developed and improved to better align with the more general aim to move towards a sustainable society. This book can serve as an inspiration for further discussion on the role of law as a tool for supporting the transition to a sustainable future.Table of ContentsIntroduction (p. 1) PART I. TOOLS IN GENERAL Towards More Sustainable EU Environmental Law (p. 9) The Programmatic Approach to Achieving Sustainability in Environmental Law: Is it Possible? (p. 29) An Analysis of the Circular Economy Legislative Package: A New Paradigm vs The Old Wate Law (p. 45) Preconditions and Constraints of Effective Private Environmental Governance (p. 59) Why Reality and Truth Matter in Environmental Law (p. 79) PART II. TOOLS FOR COMPLIANCE WITH THE PARIS AGREEMENT Towards a Cumulative Effect in Combating Climate Change with Special Focus on Disaster Risk Reduction: Paris Agreement, SDGs and the Sendai Framework (p. 97) Directive 2003/4/EC as a Tool to Learn from the Successes and Failures of the EU ETS: Reflecting on the EU Emission Trading System (p. 109) Finding the Spearhead of the EU Low-Carbon Energy Transition (p. 129) Energy Return on Energy Investment (EROI): Implications for EU Climate and Environmental Law (p. 147) Restoration by Private Entities in Indonesia: A Hope in Saving 'Sinks'? (p. 163) PART III. TOOLS FOR HALTING THE LOSS OF BIODIVERSITY Rights of Nature as an Unlikely Saviour for the EU's Threatened Species and Habitats: A Critical Introduction to a Revolutionary Idea (p. 185) A Comparative Analysis of the Selection of Species and Establishment of their Natural Habitats in the US and the EU: Protecting Nature from People (p. 207) The Impact of National and EU Criminal Law on the Protection of Biodiversity (p. 223) Overabundant Ungulates Causing Biodiversity Loss and Human-Wildlife Conflicts: The Role of the National Law and Governance Structure in the Italian Jurisprudence (p. 241) Legislation to Manage Invasive Alien Plants in England: What is the Meaning of 'Landowner Responsibility'? (p. 251) PART IV. TOOLS FOR ACHIEVING WATER SECURITY Reporting Mechanism under the Water Convention: Innovation in the Sustainable Management of Transboundary Water Resources? (p. 265) The Concept of Environmental Damage According to Directive 2004/35 and the Derogation under Article 4(7) of Directive 2000/60: How to Effectively Remedy Water Damage (p. 281) Challenges and Prospects on the Application of Directive 92/43/EEC on Marine Ecosystems: Need for a New Legal Framework? (p. 299) Fees for Water Services in the New Polish Water Law Act: A Step Towards Transition to Sustainability? (p. 313)
£80.75
Edward Elgar Publishing Ltd Environmental Governance and Sustainability
Book SynopsisThis timely volume provides fascinating insights into emerging developments in the field of legal governance of the environment at a time when environmental governance is increasingly concerned with far more than legal doctrine. The expert contributors are concerned with the totality of arrangements through which power and resources are deployed to protect and restore natural resources, and how the costs and benefits of this are allocated. They explore key issues such as: how the community exercises its democratic rights; how government responds to the needs of current and future generations and balances the interests of the powerful with the powerless; the freedoms and responsibilities of commerce and the holders of property; and the ways in which laws and policies are informed by science and other perspectives. The various ways in which legal scholarship is pivotal to good governance are thus highlighted, as is the extent of innovation being generated by current ecological, economic and social challenges. Clearly demonstrating the increasing breadth and depth of environmental law scholarship, this thought-provoking book will prove an invaluable reference tool for academics, students and researchers focusing on environmental law and development.Contributors: A. Brower, Z. Chen, J.W. Dellapenna, A. Du Plessis, M.G. Faure, A. Gardner, N. Goeteyn, M. Hong, K. Jian, A. Kennedy, K. Khoday, R. Kibugi, F. Maes, P. Martin, M. Morel, J. Page, T. Qin, H. Wang, J. Williams, Y. Yanjie, H. ZhangTrade ReviewA unique publication that examines emerging and cutting-edge environmental issues from no less than seven countries including Africa and China. These issues are examined mainly from a trans-disciplinary environmental governance perspective that includes law, ecology, economics, policy and management. The contributors to the book include PhD candidates from Africa, Belgium and China. They are exceptional young scholars. They together with other contributors, who are distinguished environmental legal experts, have advanced the scholarship of environmental governance. --Koh Kheng-Lian, National University of SingaporeTable of ContentsContents: Introduction: The Scholarship of Environmental Governance PART I: THE ARCHITECTURAL DESIGN OF ENVIRONMENTAL GOVERNANCE 1. Instruments for Environmental Governance: What Works? Michael G. Faure 2. Does (Property) Diversity Beget (Landscape) Sustainability? John Page and Ann Brower 3. Creating Next Generation Rural Landscape Governance: The Challenge for Environmental Law Scholarship Paul Martin, Jacqueline Williams and Amanda Kennedy PART II: GOVERNANCE INNOVATION IN CHINA 4. Constitutionalism and the Environment: The Evolution of Environmental Governance in China’s Socialist Market Economy Kishan Khoday 5. Toward a More Effective Environmental Criminal Law in China Michael G. Faure and Hao Zhang 6. A Feasible Approach to Environmental Public Interest Litigation: The People’s Procuratorate as Plaintiff Mei Hong and Yin Yanjie 7. Environmental E-governance in China: Insights from Government-citizen Interaction Qin Tianbao and Wang Huanhuan PART III: THE INTERSECTION OF ECONOMICS AND SOCIAL JUSTICE AROUND WATER LAWS 8. Global Climate Disruption and Water Law Reform in the United States Joseph W. Dellapenna 9. The Legal Protection of Ramsar Wetlands: Australian Reforms Alex Gardner 10. Drinking Water Security in China: A Critical Justice Issue Ke Jian PART IV: LINKING LOCAL AND INTERNATIONAL LEGAL INNOVATIONS 11. The Quest for a World Environment Organization: Reflections on a Failing Debate as an Input for Future Improvement Nils Goeteyn and Frank Maes 12. Human Rights Law, Refugee and Migration Law, and Environmental Law: Exploring their Contributions in the Context of ‘Environmental Migration’ Michèle Morel 13. Climate Change: Legal Impediments to Technology Transfer Zhou Chen 14. Implementing Stewardship in Kenyan Land Use Law: The Case for a Sustainability Extension Robert Kibugi Index
£121.00
Edward Elgar Publishing Ltd Environmental Justice and Federalism
Book SynopsisWithin the United States, minority and low-income communities currently bear a disproportionate amount of risk associated with pollution and other harmful environmental practices. The environmental justice movement is working to change this fact, promoting the fair and non-discriminatory treatment of all people with respect to environmental issues, policies, and regulations. This fascinating and timely volume explores the relationship between environmental justice and the government, offering a comprehensive introduction to the legal, economic, and philosophical concerns involved in pursuing environmental justice goals within a federalist system.The authors discuss two case studies in their investigation of the complex interactions between environmental justice and government. These analyses offer a comprehensive view of both the siting and regulation of polluting activities, as well as a discussion of the effects on major natural resources such as clean air and drinking water. In each case, the authors both describe current government responses to the problem and offer specific recommendations regarding what actions should be taken in the future.This authoritative book will make an invaluable addition to courses in environmental law and policy. Professionals and policymakers working in disciplines such as law, economics, environmental science, philosophy and political science will also find this a comprehensive and critical reference.Contents: Preface 1. Federalism and the Pursuit of Environmental Justice 2. Establishing an EJ Claim of Disparate-Impact Discrimination 3. Clean Air, EJ, and Facility Siting in the Phoenix Metropolitan Area 4. Environmental Justice and Enforcement of the Safe Drinking Water Act: The Arizona Arsenic Experience 5. Environmental Federalism and Addressing EJ Concerns 6. Community Involvement and Substantive Environmental Justice 7. Environmental Justice in the U.S.: Looking Ahead References AppendicesTable of ContentsContents: Preface 1. Federalism and the Pursuit of Environmental Justice 2. Establishing an EJ Claim of Disparate-Impact Discrimination 3. Clean Air, EJ, and Facility Siting in the Phoenix Metropolitan Area 4. Environmental Justice and Enforcement of the Safe Drinking Water Act: The Arizona Arsenic Experience 5. Environmental Federalism and Addressing EJ Concerns 6. Community Involvement and Substantive Environmental Justice 7. Environmental Justice in the US: Looking Ahead Appendices References Index
£90.00
Edward Elgar Publishing Ltd Climate Change and Indigenous Peoples: The Search
Book SynopsisClimate Change and Indigenous Peoples offers the most comprehensive resource for advancing our understanding of one of the least coherently developed of climate change policy realms - legal protection of vulnerable indigenous populations. The first part of the book provides a tremendously useful background on the cultural, policy, and legal context of indigenous peoples, with special emphasis on developing general principles for climate change mitigation and adaptation solutions. The remainder of the volume then carefully and thoroughly works through how those general principles play out for different regional indigenous populations around the globe. All of the contributions to the volume are by leading experts who bring their insights and innovative thinking to bear on a truly complex subject. Whether as a novice s starting point or expert's desktop reference, I cannot think of a more useful resource for anyone interested in climate policy for indigenous peoples.'- J.B. Ruhl, Vanderbilt University Law School, USThis timely volume explores the ways in which indigenous peoples across the world are challenged by climate change impacts, and discusses the legal resources available to confront those challenges.Indigenous peoples occupy a unique niche within the climate justice movement, as many indigenous communities live subsistence lifestyles that are severely disrupted by the effects of climate change. Additionally, in many parts of the world, domestic law is applied differently to indigenous peoples than it is to their non-indigenous peers, further complicating the quest for legal remedies. The contributors to this book bring a range of expert legal perspectives to this complex discussion, offering both a comprehensive explanation of climate change-related problems faced by indigenous communities and a breakdown of various real world attempts to devise workable legal solutions. Regions covered include North and South America (Brazil, Canada, the US and the Arctic), the Pacific Islands (Fiji, Tuvalu and the Federated States of Micronesia), Australia and New Zealand, Asia (China and Nepal) and Africa (Kenya).This comprehensive volume will appeal to professors and students of environmental law, indigenous law and international law, as well as practitioners and policymakers with an interest in indigenous legal issues and environmental justice.Contributors: R.S. Abate, D. Badrinarayana, K. Boom, M. Burkett, J.M. Cha, E. Charles-Newton, L.A. Crippa, M. Davis, P. Dong, N. Johnstone, P. Kameri-Mbote, P. Kebec, S. Krakoff, E.A. Kronk, J.-D. Lavallee, J. Liu, A. Long, L.A. Miranda, C.Y. Mulalap, E. Nyukuri, H. Osofsky, J.V. Royster, I.L. Stoyanova, V. Sutton, E.J. Techera, S. Thériault, R. Tsosie, P. Van Tuyn, W. YuTrade ReviewThe book will be a sought after reference work in libraries worldwide. . . has an excellent index and has been scrupulously edited. It will serve as a useful reference for students and professors teaching indigenous peoples' rights and climate change. - --Paul Havemann, Journal of Environmental LawTable of ContentsContents: Foreword Stacy Leeds PART I: INTRODUCTORY CONTEXT AND PRINCIPLES 1. Commonality Among Unique Indigenous Communities: An Introduction to Climate Change and its Impacts on Indigenous Peoples Randall S. Abate and Elizabeth Ann Kronk 2. Introduction to International and Domestic Climate Change Regulation Deepa Badrinarayana 3. Introduction to Indigenous Peoples’ Status and Rights under International Human Rights Law Lillian Aponte Miranda 4. Introduction to Indigenous Sovereignty under International and Domestic Law Eugenia Charles-Newton and Elizabeth Ann Kronk 5. Climate Change and Indigenous Peoples: Comparative Models of Sovereignty Rebecca Tsosie 6. Indigenous Environmental Knowledge and Climate Change Adaptation Maxine Burkett PART II: GLOBAL PERSPECTIVES International Organizations 7. REDD+: Its Potential to Melt the Glacial Resistance to Recognize Human Rights and Indigenous Peoples’ Rights at the World Bank Leonardo A. Crippa South America 8. REDD+ and Indigenous Peoples in Brazil Andrew Long 9. REDD+: Climate Justice or a New Face of Manifest Destiny? Lessons Drawn from the Indigenous Struggle to Resist Colonization of Ojibwe Forests in the Nineteenth and Twentieth Centuries Philomena Kebec Lower 48 States of the United States of America 10. Natural Resource Development and Indigenous Peoples Sarah Krakoff and Jon-Daniel Lavallee 11. Climate Change and Tribal Water Rights: Removing Barriers to Adaptation Strategies Judith V. Royster Arctic 12. Canadian Indigenous Peoples and Climate Change: The Potential for Arctic Land Claims Agreements to Address Changing Environmental Conditions Sophie Thériault 13. America’s Arctic: Climate Change Impacts on Indigenous Peoples and Subsistence Peter Van Tuyn 14. The Saami Facing the Impacts of Global Climate Change Irina L. Stoyanova 15. Complexities of Addressing the Impacts of Climate Change on Indigenous Peoples through International Law Petitions: A Case Study of the Inuit Petition to the Inter-American Commission on Human Rights Hari M. Osofsky Pacific Island Nations 16. Climate Change, Legal Governance and the Pacific Islands: An Overview Erika J. Techera 17. Fiji: Climate Change, Tradition and Vanua Victoria Sutton 18. Islands in the Stream: Addressing Climate Change from a Small Island Developing State Perspective Clement Yow Mulalap 19. The Rising Tide of International Climate Litigation: An Illustrative Hypothetical of Tuvalu v. Australia Keely Boom Asia 20. The Impacts of Climate Change on Indigenous Populations in China and Legal Remedies Wenxuan Yu, Jingjing Liu and Po Dong 21. Changing Climate and Changing Rights: Exploring Legal and Policy Frameworks for Indigenous Mountain Communities in Nepal to Face the Challenges of Climate Change J. Mijin Cha Australia and New Zealand 22. Climate Change Impacts to Aboriginal and Torres Strait Islander Communities in Australia Megan Davis 23. Negotiating Climate Change: Māori, the Crown and New Zealand’s Emission Trading Scheme Naomi Johnstone Africa 24. Climate Change, Law and Indigenous Peoples in Kenya: Ogiek and Maasai Narratives Patricia Kameri-Mbote and Elvin Nyukuri Index
£174.00
