This chapter traces the development of environmental law in Zimbabwe, focusing on how recently enacted environmental legislation provides a framework for the balancing of competing interests, interests that often must coexist and reinforce each other, namely, development and the protection of...

Given the absence of comprehensive, economy-wide regulation of greenhouse gas emissions, the National Environmental Policy Act (NEPA) and its state-level counterparts have been on the frontline of the climate change fight. Indeed, the issue of when and how project proponents must evaluate (1) a...

This paper examines two important themes of EU environmental law: the preoccupation with the generation of detailed environmental information and knowledge; and an emphasis on participatory modes of decision-making. Exploring a number of areas of EU environmental law, this paper details the...

The Covenant of Mayors-Sustainable Energy Action Plan (SEAP) is a crucial tool for local authorities to face climate change, starting by addressing the specific problem of CO2 emissions reduction through a comprehensive approach involving several local activities. At the same time, the Covenant...

The crime of ‘ecocide’ has been discussed for almost 50 years and is of increasing relevance. Starting as scientific and biological debates during the Vietnam War, ecocide arguments became foremost political and then juridical. Recently in 2021, the ‘Stop Ecocide Foundation’ proposed to...

The Bangladesh Environment Conservation Act (BECA) was enacted in 1995 containing certain recognized and valued principles of environmental law. Despite the incorporation of such principles, the provisions themselves contained in this Act are in contradiction. This writing aims to highlight...

Litigation which Abram Chayes labeled “public law litigation” grew especially quickly in the decade immediately before Chayes wrote his landmark article. This growth was due, in no small part, to the 1966 amendments to the Federal Rules of Civil Procedure. These amendments introduced a more...

This chapter from a forthcoming Cambridge Press book, Beyond Environmental Law, proposes emulating free market dynamics with a new regulatory instrument, the Environmental Competition Statute. This statute would authorize any polluter making a pollution reduction to require a dirtier competitor...

In this paper, we argue that the joint use of ex-ante regulation and ex-post liability rules is efficient when there are uncertainty surrounding causal investigations and regulatory myopia. As these conditions are generally met in environmental cases, we provide an explanation for the frequent...