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Adjudication Systems

Emma Lees.

in The Oxford Handbook of Comparative Environmental Law

May 2019; p ublished online July 2019 .

Article. Subjects: Environment and Energy Law; Comparative Law. 10653 words.

This chapter examines the role of adjudication systems in handling environmental disputes. It first considers the role of the judiciary in relation to the environment and its place within...

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The Assessment of Environmental Impact

Neil Craik.

in The Oxford Handbook of Comparative Environmental Law

May 2019; p ublished online July 2019 .

Article. Subjects: Environment and Energy Law; Comparative Law. 12638 words.

This chapter examines the role of environmental assessment (EA) in mediating between the scientific, political, and normative elements within environmental decision-making. It first...

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Atmospheric Pollution

Massimiliano Montini.

in The Oxford Handbook of Comparative Environmental Law

May 2019; p ublished online July 2019 .

Article. Subjects: Environment and Energy Law; Comparative Law. 11205 words.

This chapter examines atmospheric pollution legislation from a comparative perspective. It begins with a discussion of the definition and legal boundaries relevant to atmospheric pollution,...

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Australia

Douglas Fisher.

in The Oxford Handbook of Comparative Environmental Law

May 2019; p ublished online July 2019 .

Article. Subjects: Environment and Energy Law; Comparative Law. 10334 words.

This chapter examines the structure and substance of environmental law in Australia. It begins with a discussion of how powers are distributed in environmental governance in Australia,...

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Brazil

Antonio Herman Benjamin and Nicholas Bryner.

in The Oxford Handbook of Comparative Environmental Law

May 2019; p ublished online July 2019 .

Article. Subjects: Environment and Energy Law; Comparative Law. 13094 words.

This chapter examines Brazil’s environmental law. It first provides an overview of Brazil’s constitutional structure as it relates to federalism and the environment, taking into account how...

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Canada

Stepan Wood.

in The Oxford Handbook of Comparative Environmental Law

May 2019; p ublished online July 2019 .

Article. Subjects: Environment and Energy Law; Comparative Law. 9333 words.

This chapter surveys Canadian environmental law, including the allocation of environmental powers, the choice of regulatory models, and the implementation of environmental laws. Notable...

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A Cartography of Environmental Education

Amy Cutter-McKenzie-Knowles, Marianne Logan, Ferdousi Khatun and Karen Malone.

in The Oxford Handbook of Comparative Environmental Law

May 2019; p ublished online July 2019 .

Article. Subjects: Environment and Energy Law; Comparative Law. 8754 words.

This chapter presents a historical and policy cartography of environmental education. It begins with a brief historical overview of significant environmental education initiatives, focusing...

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A Cartography of Environmental Human Rights

Louis J. Kotzé and Erin Daly.

in The Oxford Handbook of Comparative Environmental Law

May 2019; p ublished online July 2019 .

Article. Subjects: Environment and Energy Law; Comparative Law. 14267 words.

This chapter presents a cartography of environmental human rights, with particular emphasis on the current and potential contribution of human rights in augmenting global environmental...

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Climate Change and Energy Transition Policies

Justin Gundlach and Michael B. Gerrard.

in The Oxford Handbook of Comparative Environmental Law

May 2019; p ublished online July 2019 .

Article. Subjects: Environment and Energy Law; Comparative Law. 25716 words.

This chapter focuses on policies designed to mitigate and adapt to climate change and policies that encourage transition away from fossil fuels and toward greater energy efficiency and low-...

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Command and Control Standards and Cross-jurisdictional Harmonization

Bettina Lange.

in The Oxford Handbook of Comparative Environmental Law

May 2019; p ublished online July 2019 .

Article. Subjects: Environment and Energy Law; Comparative Law. 12419 words.

This chapter examines the strengths and weaknesses of ‘command and control’ environmental standards. It argues that a key shortcoming of such standards is a ‘conceptualization gap’: i.e....

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Comparative Environmental Law

Jorge E. Viñuales.

in The Oxford Handbook of Comparative Environmental Law

May 2019; p ublished online July 2019 .

Article. Subjects: Environment and Energy Law; Comparative Law. 16504 words.

This volume examines the building blocks of environmental law across different jurisdictions. More specifically, it provides a cartography of environmental law, with a focus on its...

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Contaminated Sites

Emma Lees.

in The Oxford Handbook of Comparative Environmental Law

May 2019; p ublished online July 2019 .

Article. Subjects: Environment and Energy Law; Comparative Law. 10113 words.

This chapter examines models of regulation for historical pollution of sites. It begins with an overview of the various challenges involved in a comparative study of the rules regarding the...

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Distribution of Powers

Moritz Reese.

in The Oxford Handbook of Comparative Environmental Law

May 2019; p ublished online July 2019 .

Article. Subjects: Environment and Energy Law; Comparative Law. 12458 words.

This chapter discusses the distribution of powers in environmental policy, with emphasis on vertical—rather than horizontal—division of powers. The goal is to identify prominent model...

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Eco-labelling

Jason Czarnezki, Margot Pollans and Sarah M. Main.

in The Oxford Handbook of Comparative Environmental Law

May 2019; p ublished online July 2019 .

Article. Subjects: Environment and Energy Law; Comparative Law. 12666 words.

This chapter examines whether and how eco-labelling schemes, either public or private, can generate environmental benefits. Eco-labels are a form of informational regulation that have...

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Environmental Law and Constitutional and Public Law

Ole W. Pedersen.

in The Oxford Handbook of Comparative Environmental Law

May 2019; p ublished online July 2019 .

Article. Subjects: Environment and Energy Law; Comparative Law. 9113 words.

This chapter examines the relationship of environmental law to public and constitutional law. More specifically, it considers ‘points of interactions’ between public and constitutional law...

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Environmental Law and Criminal Law

Emma Lees.

in The Oxford Handbook of Comparative Environmental Law

May 2019; p ublished online July 2019 .

Article. Subjects: Environment and Energy Law; Comparative Law. 10225 words.

This chapter examines the tensions that exist between the principles of environmental law and criminal law. It first considers the ways in which environmental law and criminal law are...

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Environmental Law and Private International Law

Geert van Calster.

in The Oxford Handbook of Comparative Environmental Law

May 2019; p ublished online July 2019 .

Article. Subjects: Environment and Energy Law; Comparative Law. 10878 words.

This chapter examines the relationship between environmental law and private international law (also known as ‘conflict of laws’, particularly in the common law), with particular emphasis...

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Environmental Law and Private Law

David Howarth.

in The Oxford Handbook of Comparative Environmental Law

May 2019; p ublished online July 2019 .

Article. Subjects: Environment and Energy Law; Comparative Law. 15512 words.

This chapter examines the relationship between environmental law and private law. It first explains what private law is before discussing two aspects of the relationship between...

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Environmental Law and Public International Law

Leslie-Anne Duvic-Paoli.

in The Oxford Handbook of Comparative Environmental Law

May 2019; p ublished online July 2019 .

Article. Subjects: Environment and Energy Law; Comparative Law. 13068 words.

This chapter examines how—and the extent to which—public international law influences domestic environmental law. It first considers the assumption that the domestic–international divide is...

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Environmental Liability

Monika Hinteregger.

in The Oxford Handbook of Comparative Environmental Law

May 2019; p ublished online July 2019 .

Article. Subjects: Environment and Energy Law; Comparative Law. 11051 words.

This chapter discusses the potential and the limits of civil law for the prevention and remediation of environmental harm. It first provides a brief overview of the environmental liability...

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