Thesis Abstract

Environmental decision-making is a complex process influenced by a myriad of factors, including legal considerations. The role of law in shaping and guiding environmental decisions is crucial in ensuring sustainable development and protection of the environment. This research project delves into the intersection of law and environmental decision-making, exploring the various ways in which legal frameworks influence and impact the outcomes of environmental decisions. One key aspect of the relationship between law and environmental decision-making is the framework provided by environmental laws and regulations. These laws set the legal parameters within which environmental decisions must be made, outlining requirements, limitations, and procedures that decision-makers must adhere to. Environmental impact assessments, permitting processes, and enforcement mechanisms are all examples of legal tools that play a significant role in shaping environmental decisions. Moreover, the interpretation and application of environmental laws by courts and regulatory agencies also play a critical role in environmental decision-making. Legal precedents, judicial decisions, and administrative rulings can have far-reaching implications for how environmental decisions are made in practice. The consistency, clarity, and effectiveness of legal interpretations can impact the predictability and outcomes of environmental decisions. Furthermore, the involvement of stakeholders and the public in environmental decision-making processes is often mandated by law. Public participation requirements can vary widely depending on the legal framework in place, but they generally aim to enhance transparency, accountability, and legitimacy in environmental decision-making. By providing opportunities for public input and engagement, legal requirements for stakeholder involvement can help ensure that diverse perspectives and interests are considered in the decision-making process. In addition to domestic laws, international environmental agreements and treaties also play a significant role in shaping environmental decision-making at the national level. Countries that are party to international agreements are often required to align their domestic laws and policies with the obligations set forth in these agreements. This can influence the direction and priorities of environmental decision-making, as well as promote cooperation and coordination among countries on transboundary environmental issues. In conclusion, the role of law in environmental decision-making is multifaceted and complex, with legal frameworks, interpretations, and international agreements all playing important roles. By understanding and analyzing the impact of law on environmental decisions, policymakers, practitioners, and stakeholders can work towards more effective and sustainable environmental outcomes.

Thesis Overview

INTRODUCTION

This collection draws together a range of approaches to environmental legal issues, covering a broad spectrum from domestic to international law. The contributors investigate aspects of law’s influence in environmental decision-making and consider whether legal institutions and theory can respond adequately to the challenge of environmental change.

`it is a book which provides an example of the way forward – a positive step in the right direction for environmental law … a book that is wide-ranging in its scope but which at the same time offers some valuable discussion of the significant key issues which are raised in these assorted jurisdictions and varied legal areas … this book provides a valuable contribution to the progress towards a more mature approach to enviromental law, as well as a collection that sign posts the way for other environmental lawyers.’ Fiona Donson, Law Quarterly Review, Oct 1999