1,721,014 research outputs found
The Rights of Nature and Environmental Law: A Developing Relationship [Elektronisk resurs]
No full textLaws that recognize legal rights for nature have been part of legal systems for about 20 years. By rights of nature, I refer to explicit legal rights of non-human natural entities, such as rivers, ecosystems, or Mother Nature. These laws are in contrast to traditional environmental laws, which typically consist of prohibitions from committing various types of environmental damage or duties to achieve some level of environmental protection. They are also in contrast to human environmental rights, which entitle humans to a healthy environment or some other level of environmental quality.Some rights of nature laws have resulted in greater environmental protection, others have resulted in backlash, and many have not yet had any discernible effect. With two decades of laws and their application to look back on, it is important to take stock of the legal developments around rights of nature laws, including their mobilization by activists, local communities, and others, their application by administrators and by courts, and their impact in the world. In this chapter, I set out potentially fruitful research agendas and questions that can help clarify how these legal tools are working, how they might be improved, and indeed, whether they are a worthwhile improvement on obligation-based environmental law.</p
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Naturens rättigheter
No full textAre laws attributing rights to nature a just or even a possible was to protect the environment? Some scholars and others have raised objections. This chapter responds to some common objections and argues that rights of nature laws are feasible worldwide. It further argues that if these laws are formulated and implemented well, they have the potential to contribute to a more just environmental law for nature and for people
Biodiversity Protection: : An Environmental Issue? On Sweden’s Implementation of EU Species Protection Laws in Environmental and Sectoral Legislation
No full textA rich diversity of plant and animal life is one of the sixteen environmental goals Swedish environmental law and policy aims to achieve. The EU also seeks to protect biodiversity through its Biodiversity Strategy. To these shared ends, certain plant and animal species are protected by the Swedish Environmental Code and its pursuant Species Protection Regulation, as well as by EU directives. Dispensation allowing exceptions to this protection may be made in accordance with general rules of consideration of the Environmental Code and the dispensation provisions of the Species Protection Regulation, which in part implement the EU biodiversity directives. However, this article shows that a majority of the administrative decisions allowing dispensation to harm species that are strictly protected under both EU and Swedish law are made not under the protective legislation, but under other types of legislation such as the Hunting Act and Fishing Act, which do not have environmental protection as their primary goals. This article highlights the legal consequences of dispensation decisions that affect strictly protected species being made under these various laws.</p
Variations on the Author
Get PDF“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Approaches to Access [Elektronisk resurs] : Ideas and Practices for Facilitating Access to Justice in Environmental Matters in the Areas of the Loser Pays Principle, Legal Aid, and Criteria for Injunctions
No full textThis report represents a step towards meeting the goal of the Aarhus Convention Access to Justice Task Force to develop a set of good practices and analyses on three priority issues:· The loser pays principleArticle 9(4) of the Aarhus Convention requires that procedures for obtaining access to justice must not be prohibitively expensive. In some legal systems, the loser of an administrative or judicial action must pay all, or a portion of, the winner's litigation costs. These costs may include court fees, attorney fees, witness fees, and various other types of expenses. The loser pays principle may lead to an inability to control or even predict exposure to risk, and thus unreasonably deter public interest environmental litigation. Good practices in this category are those that help potential public interest claimants manage their risk and prevent environmental legal procedures from becoming prohibitively expensive.· Legal aid and other methods of funding for public interest lawyers and NGOsOne way in which many countries address the requirement that procedures not be prohibitively expensive is to provide legal aid, or some other method of funding. Good practices in this category are those that enable meritorious environmental disputes to proceed when potential claimants lack the funds to pursue claims on their own.· Criteria for injunctionsArticle 9(4) of the Aarhus Convention requires that access to justice procedures provide adequate and effective remedies, including injunctive relief. To be effective, procedures must provide a means for actually stopping an environmentally harmful activity or illegal administrative decision. Without the ability to obtain injunctive relief, serious and irreversible damage may occur before the legal dispute is decided. Good practices in this category are those that facilitate injunctive relief leading to an effective level of environmental protection.This report was commissioned for the 4th Aarhus Convention Meeting of the Parties </p
When is it legal to hunt strictly protected species in the European Union?
No full textIn the European Union (EU), the Habitats Directive bans the killing of strictly protected animal species. The killing of individual animals may nevertheless be allowed when there is no satisfactory alternative and doing so would not be detrimental to the maintenance of species populations at favorable conservation status for one of five enumerated reasons. This exception has been used by national authorities to allow hunting, frequently triggering litigation. Here, we review several contested aspects of the provisions allowing exceptions from strict protection, particularly those in the controversial Article 16(1)(e), in order to clarify Member States' discretion in allowing hunting. Correctly interpreting these provisions is necessary to ensure species are protected at the level intended by the Habitats Directive, and that their conservation status is improved or maintained. Our review suggests that it would be very difficult for national authorities to allow the hunting of strictly protected species while complying with EU law
Through the Eyes of the Wolf: Adversarial Legalism, Federalism, and Biodiversity Protection in the United States and European Union
No full textAppropriate Similarity Measures for Author Cocitation Analysis
Get PDFWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
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