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This timely book considers appropriate legal practices to use to promote conservation, protection and sustainable use of biological diversity in forest and marine areas. The breadth of issues explored across these two themes is immense, and the book identifies both key differences, and striking commonalities between them.Law-makers, managers and users often have little understanding of either the complexity or the true value of biological diversity and of what is needed to preserve forest and marine ecosystems, and to keep inter-relationships between species within them healthy. Regulators face significant and practical challenges, requiring the adoption of legal frameworks in the context of scientific uncertainty. This book provides critical and comparative reflections on the role of law in both of these biodiversity contexts. Key issues not previously addressed through the law are considered - for example, the lack of international governance of peat; and the moral problem of labelling certain species as 'alien' or 'invasive'. Learned contributors draw valuable lessons for those seeking to protect biodiversity and understand its governance, from analysis of experiences gained forging international and national legal frameworks.With a blend of local and global perspectives, across a wide range of countries and policies, the book will appeal to academics and students in law, international, regional and domestic policymakers, lawmakers, NGOs and conservation agencies
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This important book investigates the environmental legal frameworks, court structures and relevant jurisprudence of nineteen countries, representing legal systems and legal cultures from a diverse array of countries situated across the globe. Among the many judicial initiatives and issues covered in this book the reader will find discussions of the following: promoting constitutional rights to a healthy environment; recognizing public rights to the environment in laws protecting private property; pronouncing on the validity of executive and legislative action; creating specialist environmental courts or tribunals; applying international environmental principles in the domestic context; imposing liability on offenders to rehabilitate damaged environments; developing common law remedies to rectify environmental harm; reducing costs and risks associated with environmental litigation; setting ecological limits to the use and development of natural and physical resources; generating public awareness and political will. As a critical and informative exposition of current issues relating to the judiciary and environmental governance, this book contributes to a better understanding of the manner in which sustainable environmental governance may be achieved by way of judicial intervention.
Environmental policy --- Environmental law, International --- Offenses against the environment --- Environnement --- Environnement (Droit international) --- Law and legislation. --- Politique gouvernementale --- Droit pénal --- Environmental law. --- Environmental policy. --- Judicial power.
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Environmental law --- Forestry law and legislation --- Marine resources conservation --- Law and legislation
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Law | Environment | Africa compiles the proceedings of the 5th Symposium and the 4th Scientific Conference of the Association of Environmental Law Lecturers from African Universities (ASSELLAU) in cooperation with the Climate Policy and Energy Security Programme for Sub-Saharan Africa run by the Konrad-Adenauer-Stiftung (KAS) and the United Nations Environment Programme (UNEP). The book
sustainable development --- Environment Law --- Africa --- Umweltrecht --- Afrika --- Environmental law --- Environment law --- Environmental control --- Environmental protection --- Environmental quality --- Environmental policy --- Law --- Sustainable development --- Law and legislation
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