Thesis (doctoral)--Universität, Kiel, 2004.

Thesis (M. Phil.)--University of Hong Kong, 2005.

No description available.

No description available.

L.LM. / Climate change is change in the world’s temperatures, precipitation and wind that differ significantly from previous conditions and are seen to induce or bring about a change in the ecosystem and socio-economic activities. The UNFCCC defines climate change as “change of climate which is attributed directly or indirectly to human activity that alters the composition of the global atmosphere and which is in addition to natural climate variability observed over comparable time periods”.The international concerns are that increased concentrations of greenhouse gas emissions such as carbon dioxide are changing climate in a way that is detrimental to our social and economic well being. Human activities have increased greenhouse gas emissions drastically since the industrial revolution by 31%. The impact this would have on the environment would include a rise in sea levels, causing loss of coastlines worldwide of which small island states are more at risk. Inhabitants of these coastline areas would in turn be vulnerable to floods and would eventually be forced to migrate creating yet another problem in international law what has come to be termed climate change refugees. The risk of flooding due to climate change is not limited to coastline areas alone incidents of flooding have been experienced on main lands in several states. According to UNEP half of the world’s population, i.e. 3billion, live in coastal areas. The catastrophic effects of climate change tend to have ripple effects. While climate change originated as an environmental problem it now impact on everyday aspects of human life with implications on international economy, public health, social issues such as migration and loss of livelihood and ultimately threatening peace and security.

<p>The aim of this thesis is to analyse the legal notion of Environmental Impact Assessment (EIA) in order to provide, on a scientific basis, increased understanding and knowledge of the different components of this legal notion and each component’s importance for the whole. The objective is to specify what EIA is at present and what it is intended to be. This thesis analyses the legal tool, shows what the rules are in a few selected countries and goes on to discuss how it could be developed in order best to fulfil its function of promoting sustainable development. The question asked throughout this thesis is how the EIA rules should be designed in terms of their content and construction in order to function as a legal tool to promote sustainable development.</p>

The aim of this thesis is to analyse the legal notion of Environmental Impact Assessment (EIA) in order to provide, on a scientific basis, increased understanding and knowledge of the different components of this legal notion and each component’s importance for the whole. The objective is to specify what EIA is at present and what it is intended to be. This thesis analyses the legal tool, shows what the rules are in a few selected countries and goes on to discuss how it could be developed in order best to fulfil its function of promoting sustainable development. The question asked throughout this thesis is how the EIA rules should be designed in terms of their content and construction in order to function as a legal tool to promote sustainable development.

The legal operationalisation of ecological sustainability concerns all levels of legal control. The ensuring of full biodiversity is an indispensible component of ecological sustainability. At the same time, biodiversity losses continue to be a serious problem in many regions of the world. The international community has responded to this dilemma by strengthening international biodiversity law as well as agreeing upon a particular biodiversity target. The aim is to reduce biodiversity losses at all levels by the year 2010. From a legal point of view this seems unproblematic. When, however, the international legal order is viewed as an overarching control system, composed of several multi-levelled and interacting international and national legal systems (controlling programs), questions on whether the order can actually work for biodi-versity seem inevitable. By applying and developing further environmental law methodology (ELM) the study argues that some fundamental principles of the international legal order are either diminishing or counteracting the possible realisation of ecological sustainabil-ity and the 2010 biodiversity target of halting and reversing the biodiversity loss. This, as will be argued, is due to rule of law and to how the default actually functions in the international legal system. In line with the above, the prime objective of the study is to develop and elaborate a theory framework on which the theory of the significance of the default is based; second, to evaluate and discuss some fundamen-tal principles of the international legal order and international biodiversity law in the light of the theory, and finally to evaluate and discuss the possible realisation of ecological sustainability and the 2010 target. The study’s method is to a certain extent pluralistic, but it is basically an adapted version of ELM.

This thesis represents an analysis of the concept of environmental justice with the aim of identifying possible legal remedies.  The thesis does so through an analysis of the history of environmental justice as well as an analysis of the theories behind environmental justice.  The thesis analyses the concordance between environmental justice and existing principles of environmental law and policy, while also analysing environmental justice in a UK as well as a European and international context. From the outset, environmental justice deals with the negative effects that environmental decisions have on certain minority populations.  In the US, the concept emerged as a response to what was perceived as discriminate targeting of African-American communities through the siting of environmental harms.  In the UK, where environmental justice is emerging on policy and grassroots level, environmental justice has been given an entirely different connotation relying on social justice arguments and concerns for low-income groups.  The thesis sets out to establish and uncover the specific meaning of environmental justice and its implications in a UK context. The thesis argues that environmental justice is as much a problem in the UK as elsewhere.  Despite empirical shortfalls of some of the work that environmental justice advocates rely upon, environmental justice is a real issue.  In light of this, the thesis argues in favour of the specific utilisation and application of human rights norms as well as an improved framework of corporate social responsibility in the attempt to address environmental injustices.  Such legal approaches can be utilised alongside established tools of public participation and access to environmental information in order to secure an aim of environmental justice.

The growing awareness of the inadequacy of international law as a means of addressing current environmental problems has led to calls for a new approach. In view of the links between the protection of the environment and the protection of human rights, according to the Stockholm Declaration of the United Nations Conference 1972, one such approach has been to focus on the development of international human rights law concepts and mechanisms to address environmental concerns. This thesis assesses the possible approaches and the limitations of the protection of the human rights to a healthy environment under the International Bill of Rights. The current international human rights law does not expressly provide for the human rights to a healthy environment. The thesis considers how the environment may be protected both through the application of presently accepted human rights and through the establishment of new human rights to a healthy environment. This thesis goes on to discuss the relationship between the international human rights law and the international environmental law, thereby giving an example of regime interaction. This is of strategic importance to understanding the meeting point of the two areas of law in this thesis. The need for sustainable development and the challenge of climate change have come to the fore and they both give urgency to the need for a human rights approach for the protection of the environment. There are concerns about whether there is a need for the provision of the human rights to a healthy environment in the international human rights law as existing rights are considered robust in themselves to protect the environment. This thesis will investigate the claim whether there are currently binding human rights to a healthy environment under the international law while building a solid argument on the need for a Convention on the human rights to a healthy environment. The thesis addresses the doctrinal and conceptual issues challenging the institutionalisation of the human rights to a healthy environment in the international human rights law. The thesis makes a case on the need for a Convention on the Human Rights to a Healthy Environment. It bolsters the point that the human rights to a healthy environment are long due; however what is lacking, is the doctrinal precision on the best way to institutionalise these rights. The research will attempt to proffer a proposal on the way forward by providing the institutional framework of the rights in a Convention. Before that, there is the need to discuss and settle several other possibilities and their limitations for the protection of the said human rights to a healthy environment. The proposed Convention could serve as a channel to offer a more coordinated, detailed, and well-documented approach for dealing with the linkages between human rights and the environment, as opposed to the fragmented approaches adopted across national and regional levels.