Browse by title

You are looking at 1 - 10 of 1,680 items :

  • Environment x
  • All accessible content x
Clear All
This content is available to you

Edited by Mara Tignino and Christian Bréthaut

This content is available to you

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.

This content is available to you

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.

This content is available to you

Michael Webber, Jon Barnett, Brian Finlayson and Mark Wang

This content is available to you

Joe Williams and Erik Swyngedouw

The opening chapter of this book makes the intellectual and political argument for a more critical understanding of seawater desalination as an emerging phenomenon of water governance. Its purpose, in this sense, is to politicise seawater. The chapter provides an overview of the historic and contemporary development of desalting technologies and the global desalination industry. We argue that, rather than seeing desalination as a water management ‘solution’, it should instead be understood as a socio-technical and political ecological ‘fix’, which allows cities, regions and countries to overcome some of the hydrological barriers to growth and accumulation, while creating or intensifying other social and ecological contradictions. These contradictions, we demonstrate, revolve around the governance of water, privatisation and commercialisation, the water-energy nexus, and marine ecology. Finally, we summarise the substantive chapters included in the book.

This content is available to you

Michael Webber, Jon Barnett, Brian Finlayson and Mark Wang

This content is available to you

Fan Yang, Ting Zhang and Hao Zhang

Developing countries and countries with economies in transition have varying experiences in enforcing their national environmental law. China's judicial interpretations and legislation on environmental protection have established the rules that shift the burden of proof for causation in environmental tort litigation. However, this study of 513 court decisions from the people's courts at different levels in China shows that although the court decisions usually refer to or quote the rules that shift the burden of proof, in most cases the victim-plaintiffs still bear the liability to prove whether the causal relationship exists between the pollution and the harm. This study also finds that Chinese courts defer greatly to the evaluation report in proving causation. It suggests that the court practice of adjudicating environmental tort cases in China values more the factual causation of a pollution incident than the provisions regarding proof of causation stipulated by relevant laws. Consequently, such judicial practices hinder the effectiveness of judicial remedies for pollution victims in China.

This content is available to you

Edited by Ed Couzens, Tim Stephens, Manuel Solis, Saiful Karim and Cameron Holley

This content is available to you

Edited by Ross Dowling and David Newsome