Benjamin J Richardson - Böcker

Socially Responsible Investment Law shows how to improve the environmental behavior of corporate financiers, such as banks, pension plans, and mutual funds. Normally, we associate environmental harm with the front-line companies that extract, consume, and pollute, but not the financiers that sponsor and profit from these activities. Corporate financiers are the economy's "unseen polluters," and they should adopt policies and practices to avoid environmental harm that may result from their loans and capital financing investments. Benjamin Richardson proposes governance reforms to encourage Socially Responsible Investment. These include: redefining the fiduciary responsibilities of institutional investors to include the environment (specifically the precautionary principle); enhancing the strategic role of national pension funds in sustainable finance; building new forms of international cooperation for transnational financial markets; democratizing and strengthening local financing through credit unions; and, for all financiers, providing a better mix of economic incentives and informational resources for SRI.

Ecological restoration is as essential as sustainable development for the health of the biosphere. Restoration, however, has been a low priority of most countries' environmental laws, which tend to focus narrowly on rehabilitation of small, discrete sites rather than the more ambitious recovery of entire ecosystems and landscapes. Through critical theoretical perspectives and topical case studies, this book's diverse contributors explore a more ambitious agenda for ecological restoration law. Not only do they investigate current laws and other governance mechanisms; they also consider the philosophical and methodological bases for the law to take ecological restoration more seriously. Through exploration of themes relating to time, space, geography, semiotics, social justice, and scientific knowledge, this book offers innovative and critical insights into ecological restoration law.

This book is about fiduciary law’s influence on the financial economy’s environmental performance, focusing on how the law affects responsible investing and considering possible legal reforms to shift financial markets closer towards sustainability. Fiduciary law governs how trustees, fund managers or other custodians administer the investment portfolios owned by beneficiaries. Written for a diverse audience, not just legal scholars, the book examines in a multi-jurisdictional context an array of philosophical, institutional and economic issues that have shaped the movement for responsible investing and its legal framework. Fiduciary law has acquired greater influence in the financial economy in tandem with the extraordinary recent growth of institutional funds such as pension plans and insurance company portfolios. While the fiduciary prejudice against responsible investing has somewhat waned in recent years, owing mainly to reinterpretations of fiduciary and trust law, significant barriers remain. This book advances the notion of ‘nature’s trust’ to metaphorically signal how fiduciary responsibility should accommodate society’s dependence on long-term environmental well-being. Financial institutions, managing vast investment portfolios on behalf of millions of beneficiaries, should manage those investments with regard to the broader social interest in sustaining ecological health. Even for their own financial self-interest, investors over the long-term should benefit from maintaining nature’s capital. We should expect everyone to act in nature’s trust, from individual funds to market regulators. The ancient public trust doctrine could be refashioned for stimulating this change, and sovereign wealth funds should take the lead in pioneering best practices for environmentally responsible investing.

Local Climate Change Law examines the role of local government, especially within cities, in addressing climate change through legal, policy, planning and other tools. This timely study offers a multi-jurisdictional perspective, featuring international contributors who examine both theoretical and practical dimensions of how localities are addressing climate mitigation and adaptation in Australia, Canada, China, Europe, South Africa and the United States, as well as considering the place of localities in global climate law agreements and transnational networks. Written from a multi-disciplinary perspective, this book will appeal to academics, post graduate and undergraduate students in law and political science, local and national government policy makers and politicians, as well as practising local government lawyers. Anyone with a general interest in environmental issues will also find much to interest them in this insightful study. Contributors: M. Doelle, A. du Plessis, L. Godden, J. Lin, J. Moore, K.B. Munroe, H.M. Osofsky, S. Pasternack, M. Peeters, M. Powers, B.J. Richardson, E. Schwartz, S. Theriault, K. Thompson, S. Wood

Conservation Covenants and Easements are legal mechanisms for private landholders to contribute to long-term protection of natural values. This book furnishes a unique international legal and policy study of how covenants and easements in seven jurisdictions are supporting global biodiversity goals, and it considers how they may address new challenges associated with ecosystem restoration and climate change. It compares laws in Australia, Belgium (Flanders), Canada, Chile, New Zealand, South Africa, and the United States, countries where these mechanisms are increasingly used to support national and global goals of relevance to Earth System Governance.  Through interjurisdictional comparison, the book analyses key themes, including recruitment and retention of landholders into conservation agreements, climate adaptation and compliance. This study also offers practical advice on potential directions for law reform or improved implementation of existing covenants and easements law. This title is also available as Open Access on Cambridge Core.

Conservation Covenants and Easements are legal mechanisms for private landholders to contribute to long-term protection of natural values. This book furnishes a unique international legal and policy study of how covenants and easements in seven jurisdictions are supporting global biodiversity goals, and it considers how they may address new challenges associated with ecosystem restoration and climate change. It compares laws in Australia, Belgium (Flanders), Canada, Chile, New Zealand, South Africa, and the United States, countries where these mechanisms are increasingly used to support national and global goals of relevance to Earth System Governance.  Through interjurisdictional comparison, the book analyses key themes, including recruitment and retention of landholders into conservation agreements, climate adaptation and compliance. This study also offers practical advice on potential directions for law reform or improved implementation of existing covenants and easements law. This title is also available as Open Access on Cambridge Core.

This investigation of the barriers to and opportunities for promoting environmental sustainability in company law provides an in-depth comparative analysis of company law regimes across the world. The social norm of shareholder primacy is the greatest barrier preventing progress, and it also helps explain why voluntary action by companies and investors is insufficient. By deconstructing the myth that shareholder primacy has a legal basis and challenging the economic postulates on which mainstream corporate governance debate is based, Company Law and Sustainability reveals a surprisingly large unexplored potential within current company law regimes for companies to reorient themselves towards sustainability. It also suggests possible methods of reforming the existing legal infrastructure for companies and provides an important contribution to the broader debate on how to achieve sustainability.

Disciplined by industrial clock time, modern life distances people from nature's biorhythms such as its ecological, evolutionary, and climatic processes. The law is complicit in numerous ways. It compresses time through 'fast-track' legislation and accelerated resource exploitation. It suffers from temporal inertia, such as 'grandfathering' existing activities that limits the law's responsiveness to changing circumstances. Insouciance about past ecological damage, and neglect of its restoration, are equally serious temporal flaws: we cannot live sustainably while Earth remains degraded and unrepaired. Applying international and interdisciplinary perspectives on these issues, Time and Environmental Law explores how to align law with the ecological 'timescape' and enable humankind to 'tell nature's time'. Lending insight into environmental behaviour and impacts, this book pioneers a new understanding of environmental law for all societies, and makes recommendations for its reform. Minding nature, not the clock, requires regenerating Earth, adapting to its changes, and living more slowly.

Ecological restoration is as essential as sustainable development for the health of the biosphere. Restoration, however, has been a low priority of most countries' environmental laws, which tend to focus narrowly on rehabilitation of small, discrete sites rather than the more ambitious recovery of entire ecosystems and landscapes. Through critical theoretical perspectives and topical case studies, this book's diverse contributors explore a more ambitious agenda for ecological restoration law. Not only do they investigate current laws and other governance mechanisms; they also consider the philosophical and methodological bases for the law to take ecological restoration more seriously. Through exploration of themes relating to time, space, geography, semiotics, social justice, and scientific knowledge, this book offers innovative and critical insights into ecological restoration law.

This book is about fiduciary law’s influence on the financial economy’s environmental performance, focusing on how the law affects responsible investing and considering possible legal reforms to shift financial markets closer towards sustainability. Fiduciary law governs how trustees, fund managers or other custodians administer the investment portfolios owned by beneficiaries. Written for a diverse audience, not just legal scholars, the book examines in a multi-jurisdictional context an array of philosophical, institutional and economic issues that have shaped the movement for responsible investing and its legal framework. Fiduciary law has acquired greater influence in the financial economy in tandem with the extraordinary recent growth of institutional funds such as pension plans and insurance company portfolios. While the fiduciary prejudice against responsible investing has somewhat waned in recent years, owing mainly to reinterpretations of fiduciary and trust law, significant barriers remain. This book advances the notion of ‘nature’s trust’ to metaphorically signal how fiduciary responsibility should accommodate society’s dependence on long-term environmental well-being. Financial institutions, managing vast investment portfolios on behalf of millions of beneficiaries, should manage those investments with regard to the broader social interest in sustaining ecological health. Even for their own financial self-interest, investors over the long-term should benefit from maintaining nature’s capital. We should expect everyone to act in nature’s trust, from individual funds to market regulators. The ancient public trust doctrine could be refashioned for stimulating this change, and sovereign wealth funds should take the lead in pioneering best practices for environmentally responsible investing.

Disciplined by industrial clock time, modern life distances people from nature's biorhythms such as its ecological, evolutionary, and climatic processes. The law is complicit in numerous ways. It compresses time through 'fast-track' legislation and accelerated resource exploitation. It suffers from temporal inertia, such as 'grandfathering' existing activities that limits the law's responsiveness to changing circumstances. Insouciance about past ecological damage, and neglect of its restoration, are equally serious temporal flaws: we cannot live sustainably while Earth remains degraded and unrepaired. Applying international and interdisciplinary perspectives on these issues, Time and Environmental Law explores how to align law with the ecological 'timescape' and enable humankind to 'tell nature's time'. Lending insight into environmental behaviour and impacts, this book pioneers a new understanding of environmental law for all societies, and makes recommendations for its reform. Minding nature, not the clock, requires regenerating Earth, adapting to its changes, and living more slowly.

Environmental law has aesthetic dimensions. Aesthetic values have shaped the making of environmental law, and in turn such law governs many of our nature-based sensory experiences. Aesthetics is also integral to understanding the very fabric of environmental law, in its institutions, procedures and discourses. The Art of Environmental Law, the first book of its kind, brings new insights into the importance of aesthetic issues in a variety of domains of environmental governance around the world, from climate change to biodiversity conservation. It also argues for aesthetics, and relatedly the arts, to be taken more seriously in the practice of environmental law so as to improve our emotional and ethical capacities to address the upheavals of the Anthropocene.

Environmental law has aesthetic dimensions. Aesthetic values have shaped the making of environmental law, and in turn such law governs many of our nature-based sensory experiences. Aesthetics is also integral to understanding the very fabric of environmental law, in its institutions, procedures and discourses. The Art of Environmental Law, the first book of its kind, brings new insights into the importance of aesthetic issues in a variety of domains of environmental governance around the world, from climate change to biodiversity conservation. It also argues for aesthetics, and relatedly the arts, to be taken more seriously in the practice of environmental law so as to improve our emotional and ethical capacities to address the upheavals of the Anthropocene.

This open access book unveils the history of defending Australia’s natural environment and examines the subject’s legal and political contexts from the birth of the nation in 1901 until the advent of the so-called modern era of environmental regulation in the late 1960s. It rejects the mythology that Australia lacked environmental law before the late 1960s in revealing how many of today’s environmental laws, from pollution control to nature conservation, emerged from precedents or events much earlier in the 20th century.This history however reveals a discrepancy between lawmakers’ greater efficacy to exploit rather than protect the environment, a discrepancy that grew as nature’s backlash intensified in a rapidly degrading continent colonised to build the Australian nation. In exploring these dynamics, the book offers a rich tapestry of case studies illustrated with historic photographs that show the origins of Australia’s environmental laws and how they borrowed from international precedents or furnished lessons for other nations.Through its multi-disciplinary enquiry, the book offers scholars and students of environmental law, legal history and the environmental humanities a unique story about the failures and successes in the making of environmental law.The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

This open access book unveils the history of defending Australia’s natural environment and examines the subject’s legal and political contexts from the birth of the nation in 1901 until the advent of the so-called modern era of environmental regulation in the late 1960s. It rejects the mythology that Australia lacked environmental law before the late 1960s in revealing how many of today’s environmental laws, from pollution control to nature conservation, emerged from precedents or events much earlier in the 20th century.This history however reveals a discrepancy between lawmakers’ greater efficacy to exploit rather than protect the environment, a discrepancy that grew as nature’s backlash intensified in a rapidly degrading continent colonised to build the Australian nation. In exploring these dynamics, the book offers a rich tapestry of case studies illustrated with historic photographs that show the origins of Australia’s environmental laws and how they borrowed from international precedents or furnished lessons for other nations.Through its multi-disciplinary enquiry, the book offers scholars and students of environmental law, legal history and the environmental humanities a unique story about the failures and successes in the making of environmental law.The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Across the world, millions of people are taking to the streets demanding urgent action on climate breakdown and other environmental emergencies. Extinction Rebellion, Fridays for Future and Climate Strikes are part of a new lexicon of environmental protest advocating civil disobedience to leverage change. This groundbreaking book -- also a Special Issue of the Journal of Human Rights and the Environment -- critically unveils the legal and political context of this new wave of eco-activisms. It illustrates how the practise of dissent builds on a long tradition of grassroots activism, such as the Anti-Nuclear movement, but brings into focus new participants, such as school children, and new distinctive aesthetic tactics, such as the mass ‘die-ins’ and ‘discobedience’ theatrics in public spaces.Expert international authors offer fresh insights into the strategies and goals of these protest movements, the changing vocabulary of environmental activism, such as the ‘climate emergency’, and the contribution of specific protest actors, particularly youth and Indigenous peoples. They also consider how some governments have responded to these actions with draconian anti-protest legislation, and by using the Covid-19 pandemic as cover to keep protesters off the streets. The scholarly analyses are complemented with first-hand interviews of some leading protagonists, including Extinction Rebellion leaders and Green Party politicians. The result is an unrivalled analysis of the role of new environmental protest movements seeking to drive a new generation of policies and laws for climate action and social justice.This impressive book will prove an important and insightful read for students and scholars interested in environmental law, climate law, and grass roots activism specifically.

This volume of new essays presents critical new scholarship on law for sustainable development. Its contributors provide international and comparative perspectives on the current state of environmental law and its future directions. Aimed at both students and scholars in law and other social sciences, it goes beyond conventional descriptions of environmental law and policy to a theoretical and interdisciplinary analysis of the role of law in sustainable development. Starting from the premise that ecological sustainability requires environmental law systems to be sensitive to a wide array of institutional, social and economic issues and to emerging forms of environmental governance beyond conventional legal regulation, the book explores: future directions in command regulation; changing forms of public administration; risk assessment and precautionary regulation; ecological justice; public participation in environmental decision-making; indigenous peoples and the environment; industry self-regulation; economic instruments; sustainable finance; the state of international environmental law; and environmental law in developing countries.Contributors include Carolyn Abbot (Manchester), Klaus Bosselmann (Auckland), David Driesen (Syracuse), Steve Dovers (ANU), Jaye Ellis (McGill), Elizabeth Fisher (Oxford), Benjamin Richardson (Osgoode) and Stepan Wood (Osgoode).

This timely book examines the legal and policy challenges in international, regional and national settings, faced by developing countries in mitigating and adapting to climate change.With contributions from over 20 international scholars from developing and developed countries, the book tackles both long-standing concerns and current controversies. It considers the positions of developing countries in the negotiation of a new international legal regime to replace the Kyoto Protocol and canvasses various domestic issues, including implementation of CDM projects, governance of adaptation measures and regulation of the biofuels industry.Through a unique focus on the developing world, this book makes a significant contribution to understanding current challenges and future directions of climate law. It will prove a stimulating read for legal academics, undergraduate and graduate law students as well as policymakers interested in the role of developing countries in climate change law. The book originates from an international conference on Climate Law in Developing Countries Post-2012, co-sponsored by the IUCN Academy of Environmental Law, the University of Ottawa Faculty of Law and Osgoode Hall Law School. The book is part of the ongoing mandate of the IUCN Academy of Environmental Law to generate collaborative research on the most pressing issues in environmental law.

This timely book examines the legal and policy challenges in international, regional and national settings, faced by developing countries in mitigating and adapting to climate change.With contributions from over 20 international scholars from developing and developed countries, the book tackles both long-standing concerns and current controversies. It considers the positions of developing countries in the negotiation of a new international legal regime to replace the Kyoto Protocol and canvasses various domestic issues, including implementation of CDM projects, governance of adaptation measures and regulation of the biofuels industry.Through a unique focus on the developing world, this book makes a significant contribution to understanding current challenges and future directions of climate law. It will prove a stimulating read for legal academics, undergraduate and graduate law students as well as policymakers interested in the role of developing countries in climate change law. The book originates from an international conference on Climate Law in Developing Countries Post-2012, co-sponsored by the IUCN Academy of Environmental Law, the University of Ottawa Faculty of Law and Osgoode Hall Law School. The book is part of the ongoing mandate of the IUCN Academy of Environmental Law to generate collaborative research on the most pressing issues in environmental law.