5. Expanding legal imagination

Author(s):  
Elizabeth Fisher

The creation and operation of environmental law has forced lawyers to reflect upon and develop legal concepts, rules, and principles. This is because environmental law is not confined to the world of contract law in which two parties are legally bound by an agreement—an agreement that manages their legal expectations, obligations, and rights. Legal imagination is needed to develop law to respond to a world of multiple interconnected parties, scientific uncertainty, and socio-political conflict. ‘Expanding legal imagination’ discusses the growth of international environmental law; considers the differences between nuisance law and criminal law; and explains environmental impact assessments as well as legal standing and access to courts.

Jurnal Hukum ◽  
1970 ◽  
Vol 26 (2) ◽  
pp. 590
Author(s):  
Bambang Tri Bawono ◽  
Anis Mashdurohatun

Criminal Law Enforcement in the Field of Illegal Logging for environmental sustainability has not been completed properly, In fact the government was impressed as if keen to eradicate illegal logging, while the court would release him diligently. development of environmental law in Indonesia. Constraints, the Indonesian legal system is still associated with the pattern of claims with losses that are real. Future losses can not be applied in real terms, therefore losses are not yet occurred, is still a problems of law in Indonesia. Illegal logging is highly impact on the state of ecosystems in Indonesia. Logging provides a very adverse impact surrounding communities, and even the world community. Losses caused by forest destruction is not only the economic value of damage, loss of lung Indonesia and the world, global warming, will be followed by climate change such as increased rainfall in some parts of the world, catastrophic floods and landslides, but instead in another hemisphere experiencing a prolonged drought.Keywords : Criminal Law Enforcement, Illegal logging, Environment


2018 ◽  
pp. 91-110
Author(s):  
Tatiana Kochanova

Тhe subject of this study is the young Republic of South Sudan (RSS), the “young” – both in terms of the age of an independent state, and in terms of its demographic potential. RSS, as a member of the United Nations and as a sovereign state, appeared on the world map in 2011, but, possessing super-rich natural resources, has not yet gained sustainable development, moreover, it fell into a deep military-political crisis. Like most countries of the African continent, South Sudan had real demographic capacity, but the authorities were unable to extract any “demographic dividends” from the truly main national resource for the development of the country’s economy, moreover, the number of refugees of young working age is constantly growing. Through the example of South Sudan, which so hard achieved separation of the South from the North and failed to take advantage of the conquered democratic values, the article explores the understudied problem of modification of the consciousness of the younger generation, dictated both by the specifics of the deep historical and cultural tradition of the South Sudanese nationalities and by new trends in global evolutionary processes. Studying the stories from the lives of multi-member families affected during the military-political conflict in the RSS, the author, based on the facts, strongly criticizes the ineffective, even often vicious, youth policy of the South Sudanese government. On the other hand, analyzing the origins, nature, basic traditional moral and sociocultural aspects of child employment in the region, the researcher finds a reasoned explanation of the cause for such a policy of universal child mobilization and tries to define this phenomenon that has not been studied in the scientific literature before. Summarizing the study of the causes of a humanitarian catastrophe in the RSS, the author, in addition to generally accepted factors that influenced the current situation (such as: the intervention of major world financial players in the affairs of a sovereign state, national discord, the struggle for power and resources), also highlights the subjective and not always correct work of the world information agencies and other mass media and, of course, the incompetent state policy of the leadership of the RSS in the Youth Field. Relying on the positive events of the past few months to resolve the conflict in the RSS, the author is still trying to predict in the foreseeable future the time for growth and development of the Republic of South Sudan, with the proviso that it can happen only in case of the inclusion of restraining leverage and expansion of the range of priorities of the main national resource – the youth.


Author(s):  
Peter J. Stoett

This chapter looks at whether and how international organizations and criminal law can help us deal effectively with transnational environmental crimes and, more broadly, with environmental insecurity and injustice. It explores the question of whether the climate change justice agenda can benefit from the expanded pursuit of transnational environmental crime. The chapter asks whether international environmental law, refurbished, act as a mitigating factor in climate change. It concludes that while current international legal instruments can help spur additional action, by themselves, they will prove inadequate. Consequently, one idea proposed is a new international environmental court to deter all forms of ecocide.


The contributions, by eminent scholars, included in The Indian Yearbook of Comparative Law 2016 discuss the discipline of comparative law in India and is of immense importance for legal scholarship around the globe. Unlike the West, that has covered almost all aspects of law from private to public law matters of national, transnational, and international relevance, not much work has been done in the discipline of Comparative law in India. In view of the countries and people of the world coming closer day by day, the need for the comparative study of law is becoming a sine qua non for participation in almost all transactions among people living across the globe. The attempt made with this volume will not only meet the much-awaited need of having reading materials on comparative law, but will also create a forum for legal scholars around the world to express their views on different aspects of law in comparative perspective. The issues covered her range from comparative legal methods to comparison in different aspects of law in different countries, as well as transnational and international bodies such as European Union and the various bodies of the United Nations. The issues covered include corporate law, constitutional law, human rights, environmental law, globalization, democracy, privatization, and several other contemporary legal issues.


2021 ◽  
pp. 1-17
Author(s):  
Muhammad ISLAM

The World Trade Organization (WTO) Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) relies on scientific evidence as a conclusive risk assessment criterion, which ignores the inherent limitations of science. This article highlights certain trade-restrictive effects of scientific evidence and comments on the Agreement’s aversions to precautionary measures and the consumer concern of the harmful effects of biotech products that may be necessary to protect public health and biosecurity in many WTO Member States. These measures and concerns have become pressing issues due to surging consumer awareness and vigilance concerning environmental protection and food safety. The Agreement is yet to overcome the weaknesses of its endorsed international standardising bodies, the problematic definition of scientific evidence and treatment of justification for scientific risk assessment methods and the implementation difficulties faced by most developing states. This article analyses these issues under the provisions of the Agreement and the interpretations of the WTO Dispute Settlement Body in disputes involving SPS matters, which fall short of addressing scientific uncertainty surrounding biotech products and their associated risks.


Author(s):  
Hanoch Dagan ◽  
Ohad Somech

Modern contract law accords considerable significance to the basic assumptions on which a contract is made. It thus takes to heart a failure of a belief whose truthfulness is taken for granted by both parties. Where the failure results from the parties’ mistake at the time of formation, “the contract is voidable by the adversely affected party,” if that mistake “has a material effect on the agreed exchange of performances” and unless that party “bears the risk of the mistake.”1 Where, in turn, the failure of such a basic assumption results from the parties’ erroneous beliefs about future states of the world, a party’s duty to render performance may be discharged if they are not responsible for the supervening impracticability or frustration and “unless the language or the circumstances indicate the contrary.”2


1966 ◽  
Vol 8 (2) ◽  
pp. 168-180 ◽  
Author(s):  
Matthew Holden

I. The Political Meaning of Ethnic ConflictIf politics “in its broadest sense” is conceived as the “distribution of advantages and disadvantages among people” (Froman, p. 3), then the ultimate penalty is subordination (total exclusion from advantages) and the ultimate reward is dominance (total monopoly of advantages). The effort to change the balance of advantages and disadvantages between groups is the nexus of political conflict. In such conflict, ethnicity is a particularly important variable, precisely because it is one criterion found throughout the world by which groups are regularly assigned superior and inferior places.


1991 ◽  
Vol 43 (3) ◽  
pp. 451-478 ◽  
Author(s):  
Saul Newman

Until the early 1970s many scholars believed that the process of economic modernization would result in the decline of ethnic political activity throughout the world. This melting pot modernization perspective failed on both theoretical and empirical grounds. After its collapse, scholars promoted a new conflictual modernization approach, which argued that modernization brought previously isolated ethnic groups into conflict. Although this approach accounted for the origins of ethnic conflict, it relied too heavily on elite motivations and could not account for the behavior of ethnic political movements. In the last five years, scholars have tried to develop a psychological approach to ethnic conflict. These scholars see conflict as stemming from stereotyped perceptions of differences among ethnic groups. This approach fails to analyze the tangible group disparities that reinforce these identifications and that may serve as the actual catalysts for ethnic political conflict. The conflictual modernization approach is reinvigorated by applying it to the cases of ethnic conflict in Canada and Belgium. In both of these countries the twin processes of economic modernization and political centralization intensified ethnic conflict while stripping ethnic movements of the romantic cultural ideologies and institutional frameworks that could provide these movements with some long-term stability. Thus, by integrating the modernization approach with a resource mobilization perspective we can develop theories that can account for ethnic conflict throughout the world.


2016 ◽  
Vol 10 (5) ◽  
pp. 724-727 ◽  
Author(s):  
Nasim Sadat Hosseini Divkolaye ◽  
Mohammad Hadi Radfar ◽  
Fariba Seighali ◽  
Frederick M. Burkle

AbstractObjectiveHealth diplomacy has increasingly become a crucial element in forging political neutrality and conflict resolution and the World Health Organization has strongly encouraged its use. Global turmoil has heightened, especially in the Middle East, and with it, political, religious, and cultural differences have become major reasons to incite crises.MethodsThe authors cite the example of the human stampede and the deaths of over 2000 pilgrims during the 2015 annual Haj pilgrimage in Mecca.ResultsThe resulting political conflict between Iran and Saudi Arabia had the potential to escalate into a more severe political and military crisis had it not been for the ministers of health from both countries successfully exercising “soft power” options.ConclusionGlobal health security demands critical health diplomacy skills and training for all health providers. (Disaster Med Public Health Preparedness. 2016;page 1 of 4)


2021 ◽  
pp. 1-6
Author(s):  
Gregory Rose

Environmental law became global through the adoption of environmental treaties in the last quarter decade of the 20th century. Similarly, globalisation of criminal law accelerated when the Convention on Transnational Organised Crime 2000 (CTOC) deepened international legal cooperation between States to combat transnational crime. A protocol to the CTOC, complemented by voluntary guidelines and model legislation, could promote environmental crime harmonisation. This article argues that the time is right to bring together certain elements of international environmental and transnational criminal law.


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