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Edited by Nengye Liu, Cassandra M. Brooks and Tianbao Qin

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Edited by Nengye Liu, Cassandra M. Brooks and Tianbao Qin

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Edited by Nengye Liu, Cassandra M. Brooks and Tianbao Qin

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Edited by Nengye Liu, Cassandra M. Brooks and Tianbao Qin

Bringing together leading scholars from across a diverse range of disciplines, this unique book examines a key question: How can we best conserve marine living resources in the polar regions, where climate change effects and human activities are particularly pressing?
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Edited by Oksana Mont

Evaluating achievements, challenges and future avenues for research, this book explores how new dimensions of knowledge and practice contest, reshape and advance traditional understandings of sustainable consumption governance.
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Edited by Lorenzo Squintani, Jan Darpö, Luc Lavrysen and Peter-Tobias Stoll

This timely book brings to the foreground the considerable tensions between the need to engage the public in the importance of environmental governance and the need of professional expertise to address the issues which arise. In doing so, it highlights that not only can public opinion deviate from scientific knowledge, but scientific knowledge itself can be lacunose or contradicting. Drawing together insights from some of the leading scholars, this engaging work will provide guidance to decision makers, including judges, on how to govern public participation procedures and professional expertise and the role that the precautionary principle can play in this regard.
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Edited by Lorenzo Squintani, Jan Darpö, Luc Lavrysen and Peter-Tobias Stoll

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Animal Welfare and International Environmental Law

From Conservation to Compassion

Edited by Werner Scholtz

At a time when the planet’s wildlife faces countless dangers, international environmental law continues to overlook its evolving welfare interests. This thought-provoking book provides a crucial exploration of how international environmental law must adapt to take account of the growing recognition of the intrinsic value of wildlife.
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Michael Bowman

From the time of its emergence, the modern international legal order has tended to evolve desultorily and reactively to political events, and without sufficient regard to any underlying philosophical principles or informing corpus of scientific knowledge. Insofar as it rests upon any intellectual foundations at all, these are essentially the speculations and assumptions of the eighteenth century European Enlightenment, which, despite their manifest inadequacies, have never been seriously re-examined. Accordingly, while the public international legal system contains numerous rules and principles designed for the protection of both humans and other life-forms, and at the individual and the collective levels alike, there is very little sign of coherence, coordination or due comparative cogency amongst them, resulting in a legal order that is fragmented and insufficiently effective – indeed, in certain respects positively counter-productive. Yet, through a scientifically and philosophically informed examination of these rules, and of the values that appear to underpin them – above all, the concept of dignity – it should now be possible to initiate the development of a truly coherent and convincing bioethical foundation and framework for protection, in more faithful reflection of the qualities of rationality and conscience that we humans have always claimed to possess.

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Werner Scholtz

The legal and moral significance of animals has generated a considerable corpus of scholarship. The discourse in relation to the moral significance of animal interests is characterised by the juxtaposition of advocates of animal welfare on the one hand and animal rights on the other. In general, law responds to animal interests through welfare legislation, which regulates the ‘humane’ treatment of non-human animals in order to mitigate animal suffering. Domestic jurisdictions respond to animal welfare concerns through anti-cruelty legislation. However, animal welfare legislation applies predominantly to domestic and agricultural animals. The situation in relation to the regulation of wildlife, both on the domestic and international plane, differs considerably from the approach to domestic and agricultural animals. Legal scholars have criticised the lack of wildlife welfare protection. The views in relation to the ignorance on wildlife range from despair expressed by one commentator who argued that ‘wild animal welfare law is sparse, bordering on the non-existent at the international level’ to glimmers of hope in the recognition that international environmental law is not wholly agnostic in relation to this issue. It is, however, abundantly clear that wildlife law (of the majority of jurisdictions) as well as international wildlife law do not contain welfare protection as an objective but rather the focus of wildlife law is to pursue the sustainable use and conservation of wildlife law. This approach is indicative of the anthropocentric and instrumental ethic that underlies the disconnect between the objectives of animal welfare and conservation.