Defending the Environment: Civil Society Strategies to Enforce International Environmental Law

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Overview

Defending the Environment provides the means for nongovernmental organizations, community groups, and individuals to bring environmental and public health problems to the attention of international courts, tribunals, and commissions, or to their domestic counterparts. It suggests specific strategies and provides detailed information for taking action. This revised and updated edition also contains new case studies of the application of those strategies that has occurred in recent years.

Each chapter provides a description of the institutional mechanisms that can potentially receive, review, and remedy the alleged violation, along with a set of guidelines that explain how the reader can employ a particular strategy, and an example that indicates the effectiveness of a given strategy. In addition, the book offers an appendix that lists individuals and organizations who can assist with the various strategies described.

Defending the Environment represents the first concise, comprehensive guide to international environmental law and institutions that offers readers hands-on strategies for addressing environmental and public health problems.

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Editorial Reviews

Journal of International Wildlife Law and Policy
"Most readers are going to be impressed and perhaps even astonished at the number and variety of opportunities Malone and Pasternack detail…[It has the prospect of] becoming a key text in the formation of a viable and assertive international environmental law movement...."
Director, International Network for Environmental Compliance & Enforcement - Durwood Zaelke
"… grounded in a sophisticated understanding of theory, … its greatest strength is its practical step-by-step guidance through the various strategies. Defending the Environment is an essential and empowering book."
Dean, Yale School of Forestry and Environmental Studies - James Gustave Speth
"This innovative and much-needed book is nothing less than a comprehensive guide for citizens to become active participants in enforcing international environmental law—a field once the exclusive province of governments, at best. Malone and Pasternack show us how to hold governments to their obligations, and that's exciting."
President of the European Council on Environmental Law, Member of the Permanent - Alexandre Kiss
"This book…shows the emergence and the vitality of international civil society and can greatly contribute to enhancing its possibilities of action."
Director, Center for Environmental Studies, University of Redlands - Lamont Hempel
"This book will guide and empower anyone who feels lost in the maze of international legal remedies for protecting the environment.… [It is] especially helpful for non-lawyers …"
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Product Details

  • ISBN-13: 9781597260664
  • Publisher: Island Press
  • Publication date: 2/15/2006
  • Edition description: Revised
  • Pages: 360
  • Product dimensions: 6.00 (w) x 9.00 (h) x 0.80 (d)

Meet the Author

Linda Malone is currently Marshall-Wythe Foundation Professor of Law at the College of William & Mary. She is the author of numerous books including several books on international law, human rights, and environmental law. She has previously taught at Duke University, University of Virginia, and Washington and Lee law schools among others. She has served on numerous international committees.

Scott Pasternack is Assistant Corporation Counsel for the city of New York. He was previously Klipstein Fellow in the International Law program at Earthjustice.

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Table of Contents

1 Exercising environmental human rights and remedies in the United Nations and regional systems 9
2 Advocating for international finance and trade institutions to adhere to environmental and public health standards 131
3 Preventing new international trade and investment dispute resolution mechanisms from undermining current environmental and public health regulations 167
4 Encouraging secretariats of multilateral environmental and public health agreements to enforce current international environmental standards 189
5 Enforcing international environmental law in tribunals of general jurisdiction 221
6 Enforcing international environmental law through domestic law mechanisms 249
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