Description
Book SynopsisTrade Review‘What is the future of environmental law? You might find answers, and at least insightful hints, from this wonderful literature. This book examines, based on analysis of previous experiences of environmental law, the possible challenges and innovative development of environmental law at international, regional and national levels. I believe the book could provide valuable insights to decision-makers and academia.’ -- Tianbao Qin, Wuhan University, China
‘This important collection shows how environmental law has made many advances over the past decades, but that it does not adequately protect the planet yet. A wide range of excellent contributions covering many topics show a way forward towards more effective environmental law.’ -- Jonathan Verschuuren, Tilburg Law School, the Netherlands
Table of ContentsContents: 1 Introduction to The Future of Environmental Law 1 Kars J. de Graaf and Stefan E. Weishaar PART I THE PROFOUND ROLE OF INTERNATIONAL LAW 2 Governing the ocean in the Anthropocene era: area-based management as a tool to promote the socialisation of the law of the sea 14 Vonintsoa Rafaly 3 An insufficient tool for sustainable development: limitations of systemic integration under Article 31(3)(c) of the Vienna Convention on the Law of Treaties 30 Kazuki Hagiwara 4 The role of principles of international environmental law in greening the interpretation of human rights: the case of the UN Committee on Economic, Social and Cultural Rights 49 Megan Donald PART II LEGAL PERSPECTIVES ON SUSTAINABILITY 5 The legal dimension of sustainability 66 José Juan González Márquez 6 Sustainable management: political slogan or legal norm? 85 Trevor Daya-Winterbottom 7 In doubt when in favour of nature? Taking science seriously in the Anthropocene epoch 104 Mariana Coelho and Patryck Ayala 8 The principle of reparation: why the polluter-pays principle does not suffice and how to rebuild the law on environmental damage 121 Heloísa Oliveira PART III ENERGY 9 Renewables under the scrutiny of international investment law: the feed-in tariff 141 Monika Feigerlová 10 The proliferation of offshore renewable energy in European seas: the regulatory challenges of emerging technologies for EU environmental law 158 Nikolaos Giannopoulos 11 Environmental litigation before regional economic courts in Africa and Latin America 178 Sonja Kahl 12 The national green tribunal model to ensure environmental justice through collaboration 196 Masrur Salekin 13 People v Arctic Oil: Context, Judgment and Takeaways for Future Climate Litigation 215 Suryapratim Roy and Alexandru Gociu PART IV CASE STUDIES 14 A major future challenge for environmental law: salinization 236 Annalies Outhuijse, Tatia Brunings, and Ida Helene Groninga 15 Bringing nature back to agricultural land: bridging ambition and reality in agri-environmental governance 252 Edwin Alblas 16 Groundwater relevance for Brazilian semiarid development in the northeast: the need for protective environmental laws 271 Jose Irivaldo Alves Oliveira Silva Index
