Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? The Turning Point in Private Law explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort. The authors pose a suggested list of basic principles for a new, ecological legal system in which private law represents a valid ally for defending our future.
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Law, Theory and Implementation
Edited by Duncan French and Louis J. Kotzé
Building on the previously established Millennium Development Goals, which ran from 2000-2015, the 2015 Sustainable Development Goals (SDGs) provide the UN with a roadmap for development until 2030. This topical book explores the associated legal and normative implications of these SDGs, which in themselves are not legally binding.
Edited by Benoît Mayer and François Crépeau
This comprehensive Research Handbook provides an overview of the debates on how the law does, and could, relate to migration exacerbated by climate change. It contains conceptual chapters on the relationship between climate change, migration and the law, as well as doctrinal and prospective discussions regarding legal developments in different domestic contexts and in international governance.
International Economic Law Perspectives
Edited by Celine Tan and Julio Faundez
Examining the law, regulation and governance of natural resources, this timely work addresses the conflicts and contradictions arising at the intersection between international economic law, sustainable development and other areas of international law, most notably human rights law and environmental law. Bringing together a collection of legal and policy expertise from a range of academic and practitioner perspectives, this book will appeal to scholars of law, political science, international relations, political economy and development studies.
Edited by Anna Grear and Evadne Grant
In the climate-pressed Anthropocene epoch, nothing could be more urgent than fresh engagements with the fractious relationships between ‘humanity’, law and the living order. This collection draws together theoretical reflections, doctrinal analyses and insights drawn from rights-based praxis to offer thoughtful – and at times provocative – engagements with the limitations of law at it faces the complexities of contemporary socio-ecological life-worlds in an age of climate crisis.
In this thought provoking work, Mary Warnock explores what it is to own things, and the differences in our attitude to what we own and what we do not. Starting from the philosophical standpoints of Locke and Hume, the ownership of gardens is presented as a prime example, exploring both private and common ownership, historically and autobiographically. The author concludes that, besides pleasure and pride, ownership brings a sense of responsibility for what is owned and a fundamental question is brought to light: can we feel the same responsibility for what we do not, and never can, own? Applying this question to the natural world and the planet as a whole, a realistic and gradualist perspective is offered on confronting global environmental degradation. Critical Reflections on Ownership examines the effect of the Romantic Movement on our attitudes to nature and is a salient commentary on the history of ideas.
Edited by Anna Grear and Louis J. Kotzé
Bringing together leading international scholars in the field, this Research Handbook interrogates, from various angles and positions, the fractious relationship between human rights and the environment and between human rights and environmental law. The Handbook provides researchers and students with a fertile source of reflection and engagement with this most important of contemporary legal relationships. Law’s complex role in the mediation of the relationship between humanity and the living order is richly reflected in this timely and authoritative collection.
The Social and Legal Aspects of Climate Change
Edited by Anna Grear and Conor Gearty
The issue is no longer whether climate change is happening; it is rather what we should now be doing about it. Drawing together key thinkers and policy experts, this unique volume – also a Special Issue of the Journal of Human Rights and the Environment - engages with the human dimensions of climate change, offering a timely intervention into contemporary debates about the challenging relationship between law and society in a time of climate crisis. The result is an imaginative, well-informed and provocative collection of contemporary engagements with the greatest challenge of the age, concerned not only to understand the current crisis but to offer perspectives on how it can be addressed. At the heart of this volume is the conviction that change is urgent, possible and morally imperative.
Climate Change and International Law
Peter Lawrence’s Justice for Future Generations breaks new ground by using a multidisciplinary approach to tackle the issue of what ethical obligations current generations have towards future generations in addressing the threat of climate change. This insightful book draws on contemporary theories of justice to develop a number of principles which are used to critique the existing global climate change treaties. These principles are also used as a blueprint for suggestions on how to develop a much-needed global treaty on climate change. The approach is pragmatic in that the justice–ethics argument rests on widely shared values and is informed by the author’s extensive experience in the negotiation of global environmental treaties as an Australian diplomat.
Edited by Kim Talus
International energy law is an elusive but important concept. There is no body of law called ‘international energy law’, nor is there any universally accepted definition for it, yet many specialised areas of international law have a direct relationship with energy policy. The Research Handbook on International Energy Law examines various aspects of international energy law and offers a comprehensive account of its basic concepts and processes.