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Edited by Stephen C. McCaffrey, Christina Leb and Riley T. Denoon

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Peter A. Victor

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Simone Lovera-Bilderbeek

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Simone Lovera-Bilderbeek

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Edited by Stephen C. McCaffrey, Christina Leb and Riley T. Denoon

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Edited by Stephen C. McCaffrey, Christina Leb and Riley T. Denoon

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Edited by Mara Tignino and Christian Bréthaut

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Christina Voigt and Zen Makuch

Across the globe, environmental protection is in need of strong governance arrangements: arrangements that comprise effective environmental laws and regulations, a functioning administration and an independent judiciary. Courts, often perceived as the third pillar of power alongside the legislative and executive functions of the State, have an important role to play in defending, upholding and (for judicial activists) creating an environmental rule of law. At the same time, many courts and their judges face significant challenges in doing so effectively. This volume looks at the possibilities and limitations that courts and judges encounter in protecting the environment. Norms that seek to protect the environment, and the common values it represents, are widely dispersed. We find them in thousands of domestic laws and regulations; we find them in international and regional treaties and unwritten customary laws. Sometimes we do not find them at all.

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Michael Webber, Jon Barnett, Brian Finlayson and Mark Wang

This chapter introduces the problem that this book addresses: how do societies come to be constructed in such a way that residents cannot drink the water that is supplied to them? The example of the supply of water to Shanghai is taken as a case through which to examine this question. Shanghai, it is argued, is an assemblage of interacting actors. This book examines the properties and characteristics of four principal actors: the hydro-geological conditions and rivers that provide water; the people, corporations and institutions within Shanghai who use and pollute the water; the institutions of central and other governments that regulate the use of the rivers and the discharges into them; and the infrastructures that governments and corporations have built to manage the river. The chapter concludes by outlining the organisation of the chapters through which the book addresses the question.