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Fisher, Douglas --- "Research Handbook on Fundamental Concepts of Environmental Law" (Edward Elgar Publishing, 2016) [2016] ELECD 1358

Editor(s): Fisher, Douglas

Title: Research Handbook on Fundamental Concepts of Environmental Law

Series: Research Handbooks in Environmental Law series

Topics: Environmental Law; Legal Philosophy; Legal Theory

Publisher: Edward Elgar Publishing

Date of Publication: 25 November 2016

Number of pages: c 560

ISBN (hard cover): 9781784714642

EISBN: 9781784714659

Abstract/Description:

The quality and the strength of an environmental legal system is a reflection of the conceptual foundations upon which it is constructed. The Research Handbook on Fundamental Concepts of Environmental Law illuminates key aspects of environmental governance through the lens of their underlying dimensions: for example, the form, structure and language of international, regional and national instruments; the function of norms, objectives and standards; and the relevance of economic analysis and of integrated policy formulation.

The topical chapters in this timely Handbook include analyses of human rights, constitutional rights, property rights, sustainable development, environmental impact assessment and precaution. Perceptive contributions examine the emerging roles played by various concepts, values and objectives in environmental governance. The nature of these emerging concepts and their relationship with traditional rights and duties, which are typically reactive in nature, is of particular significance. The concepts examined go to the heart of environmental law: the capacity of a system of environmental governance to be judicially recognized and enforced.

This insightful Handbook will be a valuable resource for all students and researchers in environmental law and governance. It will be essential reading for policymakers, legal drafters and anyone needing to understand the foundations of the modern environmental legal system.