From Environmental To Ecological Law

Author : Kirsten Anker,Peter D. Burdon,Geoffrey Garver,Michelle Maloney,Carla Sbert
Publisher : Routledge
Page : 311 pages
File Size : 45,7 Mb
Release : 2020-12-30
Category : Law
ISBN : 9781000328622

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From Environmental to Ecological Law by Kirsten Anker,Peter D. Burdon,Geoffrey Garver,Michelle Maloney,Carla Sbert Pdf

This book increases the visibility, clarity and understanding of ecological law. Ecological law is emerging as a field of law founded on systems thinking and the need to integrate ecological limits, such as planetary boundaries, into law. Presenting new thinking in the field, this book focuses on problem areas of contemporary law including environmental law, property law, trusts, legal theory and First Nations law and explains how ecological law provides solutions. Written by ecological law experts, it does this by 1) providing an overview of shortcomings of environmental law and other areas of contemporary law, 2) presenting specific examples of these shortcomings, 3) explaining what ecological law is and how it provides solutions to the shortcomings of contemporary law, and 4) showing how society can overcome some key challenges in the transition to ecological law. Drawing on a diverse range of case study examples including Indigenous law, ecological restoration and mining, this volume will be of great interest to students, scholars and policymakers of environmental and ecological law and governance, political science, environmental ethics and ecological and degrowth economics.

Author : Geoffrey Garver
Publisher : Routledge
Page : 262 pages
File Size : 44,7 Mb
Release : 2020-10-29
Category : Law
ISBN : 9781000210804

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Ecological Law and the Planetary Crisis by Geoffrey Garver Pdf

This book uses a transdisciplinary systems approach to examine how Earth’s human-caused ecological crisis arose and presents a new legal approach for overcoming it. Ecological Law and the Planetary Crisis first examines how the history of humanity’s social metabolism, along with the history of human inventions and ideas, led to the human-Earth dilemma we see today and explains why contemporary law is inadequate for confronting this dilemma. The book goes on to propose ecological law—law that maintains human activity within ecological limits such as planetary boundaries while ensuring social justice and equity—as an essential element of an urgently needed radical pathway of change toward a perpetual, mutually enhancing human-Earth relationship. Finally, it offers a systems-based analytical tool for organizing actions to promote the transition from environmental to ecological law. Increasing the visibility, clarity and development of ecological law, this book will be of great interest to students and scholars of ecological and environmental law and governance.

Author : Carla Sbert
Publisher : Edward Elgar Publishing
Page : 240 pages
File Size : 55,6 Mb
Release : 2020-04-24
Category : Law
ISBN : 9781839102134

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The Lens of Ecological Law by Carla Sbert Pdf

Containing an in-depth study of the emerging theory and core of ecological law, this book insightfully proposes a 'lens of ecological law' through which the disparity between current laws and ecological law can be assessed. The lens consists of three principles: ecocentrism, ecological primacy and ecological justice. These principles are used within the book to explore and analyse the challenges and opportunities related to the transition to ecological law and to examine three key mining case studies.

Author : Froukje Maria Platjouw
Publisher : Routledge
Page : 220 pages
File Size : 53,8 Mb
Release : 2016-05-05
Category : Law
ISBN : 9781317293774

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Environmental Law and the Ecosystem Approach by Froukje Maria Platjouw Pdf

The ecosystem approach embodies a concept of the environment which emphasizes the integrated components of nature as complex adaptive systems. This book examines the relationship between the architecture and design of environmental law and the implementation of the ecosystem approach as a means to maintain ecological integrity. The main issue addressed is: in which manner and to what extent does fragmentation and administrative discretion in environmental law impede the implementation of an ecosystem approach? This is explored through analysis of several questions: what is an ecosystem approach and how could it be implemented; how can economic evaluation of ecosystem services contribute to the debate; to what extent is environmental law fragmented and how does this affect the implementation of the ecosystem approach; to what extent does environmental law contain administrative discretion and how does this affect the implementation of the ecosystem approach; is there a need for greater consistency, coherence and a stronger rule of law in environmental law in light of the ecosystem approach? The main focus is on Europe, with additional international comparisons where appropriate. The book concludes by providing a normative portrayal of future environmental law as protective, systemic and predictable.

Author : KEITH. OWLEY HIROKAWA (JESSICA.),Jessica Owley
Publisher : Unknown
Page : 336 pages
File Size : 50,9 Mb
Release : 2021-12-14
Category : Electronic
ISBN : 1585762350

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Environmental Law, Disrupted by KEITH. OWLEY HIROKAWA (JESSICA.),Jessica Owley Pdf

To date, U.S. law has largely served as an obstacle to an honest assessment of our preparedness to face the climate change challenge. Given that society has become comfortable amidst mild climatic conditions, and given a pervasive reluctance to change, extreme and abrupt climatic changes will hit hard. Our current legal structure maintains a dangerous status quo and it is time to unleash the potential of communities and the private sector to produce innovative solutions. This book, the fourth in a series by the Environmental Law Collaborative, addresses disruption from a variety of influences and perspectives. Some essays consider the disruptive effects of environmental changes on human and ecological safety, security, and well-being, suggesting that the impacts of climate changes are not accounted for in the current legal system. Some identify key changes needed to respond to climatic challenges, social inequities, and dwindling grey and green resources. Others deconstruct social, political, and professional frameworks to understand how such influences might be used to disrupt the current regime, or even ones where expectations are being disrupted with the endorsement of law. Taken together, these essays provide an understanding of the cause, effect, and opportunity that environmental disruption presents in the climate change era.

Author : Andreas Philippopoulos-Mihalopoulos
Publisher : Routledge
Page : 254 pages
File Size : 46,9 Mb
Release : 2011-03-03
Category : Law
ISBN : 9781136817113

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Law and Ecology by Andreas Philippopoulos-Mihalopoulos Pdf

Law and Ecology: New Environmental Foundations contains a series of theoretical and applied perspectives on the connection between law and ecology, which together offer a radical and socially responsive foundation for environmental law. While its legal corpus grows daily, environmental law has not enjoyed the kind of jurisprudential underpinning generally found in other branches of law. This book forges a new ecological jurisprudential foundation for environmental law – where ‘ecological' is understood both in the narrow sense of a more ecosystemic perspective on law, and in the broad sense of critical self-reflection of the mechanisms of environmental law as they operate in a context where boundaries between the human and the non-human are collapsing, and where the traditional distinction between ecocentrism and anthropocentrism is recast. Addressing current debates, including the intellectual property of bioresources; the protection of biodiversity in view of tribal land demands; the ethics of genetically modified organisms; the redefinition of the 'human' through feminist and technological research; the spatial/geographical boundaries of environmental jurisdiction; and the postcolonial geographies of pollution – Law and Ecology redefines the way environmental law is perceived, theorised and applied. It also constitutes a radical challenge to the traditionally human-centred frameworks and concerns of legal theory.

Author : Prue Taylor
Publisher : Routledge
Page : 464 pages
File Size : 44,9 Mb
Release : 2008-01-28
Category : Science
ISBN : 9781134715862

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An Ecological Approach to International Law by Prue Taylor Pdf

An Ecological Approach to International Law shows that international environmental law is fundamentally flawed and not equipped to meet global challenges. The book examines international legal responses to global climate change by analysing key concepts such as the doctrine of state sovereignty, the law on state responsibility, environmental rights and common heritage of mankind.

Author : Geoffrey Garver
Publisher : Routledge
Page : 267 pages
File Size : 52,6 Mb
Release : 2020-10-29
Category : Law
ISBN : 9781000210705

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Ecological Law and the Planetary Crisis by Geoffrey Garver Pdf

This book uses a transdisciplinary systems approach to examine how Earth’s human-caused ecological crisis arose and presents a new legal approach for overcoming it. Ecological Law and the Planetary Crisis first examines how the history of humanity’s social metabolism, along with the history of human inventions and ideas, led to the human-Earth dilemma we see today and explains why contemporary law is inadequate for confronting this dilemma. The book goes on to propose ecological law—law that maintains human activity within ecological limits such as planetary boundaries while ensuring social justice and equity—as an essential element of an urgently needed radical pathway of change toward a perpetual, mutually enhancing human-Earth relationship. Finally, it offers a systems-based analytical tool for organizing actions to promote the transition from environmental to ecological law. Increasing the visibility, clarity and development of ecological law, this book will be of great interest to students and scholars of ecological and environmental law and governance.

Author : Anastasia Telesetsky,An Cliquet,Afshin Akhtar-Khavari
Publisher : Routledge
Page : 328 pages
File Size : 44,9 Mb
Release : 2016-12-01
Category : Law
ISBN : 9781317633662

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Ecological Restoration in International Environmental Law by Anastasia Telesetsky,An Cliquet,Afshin Akhtar-Khavari Pdf

Human activities are depleting ecosystems at an unprecedented rate. In spite of nature conservation efforts worldwide, many ecosystems including those critical for human well-being have been damaged or destroyed. States and citizens need a new vision of how humans can reconnect with the natural environment. With its focus on the long-term holistic recovery of ecosystems, ecological restoration has received increasing attention in the past decade from both scientists and policymakers. Research on the implications of ecological restoration for the law and law for ecological restoration has been largely overlooked. This is the first published book to examine comprehensively the relationship between international environmental law and ecological restoration. While international environmental law (IEL) has developed significantly as a discipline over the past four decades, this book enquires whether IEL can now assist states in making a strategic transition from not just protecting and maintaining the natural environment but also actively restoring it. Arguing that states have international duties to restore, this book offers reflections on the philosophical context of ecological restoration and the legal content of a duty to restore from an international law, European Union law and national law perspective. The book concludes with a discussion of several contemporary themes of interest to both lawyers and ecologists including the role of private actors, protected areas and climate change in ecological restoration.

Author : Lynda Collins
Publisher : Routledge
Page : 114 pages
File Size : 50,8 Mb
Release : 2021-05-20
Category : Law
ISBN : 9781000418316

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The Ecological Constitution by Lynda Collins Pdf

The Ecological Constitution integrates the insights of environmental constitutionalism and ecological law in a concise, engaging and accessible manner. This book sets out the necessary components of any constitution that could be considered "ecological" in nature. In particular, it argues that an ecological constitution is one that codifies the following key principles, at a minimum: the principle of sustainability; intergenerational equity and the public trust doctrine; environmental human rights; rights of nature; the precautionary principle and non-regression; and rights and obligations relating to a healthy climate. In the context of the global environmental crisis that characterises the current Anthropocene era, these principles are important tools for changing consciousness and driving pragmatic policy reforms around the world. Re-imagining constitutions along these lines could play a vital role in the collective project of building a sustainable future for humans, animals, ecosystems and the biosphere we all share. This book will be of great interest to students and scholars of environmental law, ecological law, environmental constitutionalism, sustainability and rights of nature.

Author : Ahjond S. Garmestani,Craig R. Allen
Publisher : Columbia University Press
Page : 417 pages
File Size : 51,8 Mb
Release : 2014-02-25
Category : Nature
ISBN : 9780231536356

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Social-Ecological Resilience and Law by Ahjond S. Garmestani,Craig R. Allen Pdf

Environmental law envisions ecological systems as existing in an equilibrium state, reinforcing a rigid legal framework unable to absorb rapid environmental changes and innovations in sustainability. For the past four decades, "resilience theory," which embraces uncertainty and nonlinear dynamics in complex adaptive systems, has provided a robust, invaluable foundation for sound environmental management. Reforming American law to incorporate this knowledge is the key to sustainability. This volume features top legal and resilience scholars speaking on resilience theory and its legal applications to climate change, biodiversity, national parks, and water law.

Author : Mary Christina Wood
Publisher : Cambridge University Press
Page : 461 pages
File Size : 51,8 Mb
Release : 2014
Category : Law
ISBN : 9780521195133

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Nature's Trust by Mary Christina Wood Pdf

This book exposes the dysfunction of environmental law and offers a transformative approach based on the public trust doctrine. An ancient and enduring principle, the public trust doctrine empowers citizens to protect their inalienable property rights to crucial resources. This book shows how a trust principle can apply from the local to global level to protect the planet.

Author : Jan Schneider
Publisher : Toronto ; Buffalo : University of Toronto Press
Page : 344 pages
File Size : 47,9 Mb
Release : 1979
Category : Environmental law, International
ISBN : UCAL:B3179663

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World Public Order of the Environment by Jan Schneider Pdf

Author : Laura Westra,Klaus Bosselmann,Janice Gray,Kathryn Gwiazdon
Publisher : Routledge
Page : 253 pages
File Size : 51,8 Mb
Release : 2018-04-27
Category : Law
ISBN : 9781351185455

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Ecological Integrity, Law and Governance by Laura Westra,Klaus Bosselmann,Janice Gray,Kathryn Gwiazdon Pdf

Ecological integrity is concerned with protecting the planet in a holistic way, while respecting ethics and human rights. Over recent years it has been introduced directly and indirectly in several legal regimes, culminating in international law with the 2016 expanded remit of the International Criminal Court, which now includes "environmental disasters". This book celebrates the 25th anniversary of the Global Ecological Integrity Group (GEIG), which includes more than 250 scholars and independent researchers worldwide, from diverse disciplines, including ecology, biology, philosophy, epidemiology, public health, ecological economics, and international law. It reviews the role of ecological integrity across a number of fields through inter- and trans-disciplinary engagement on matters affecting and governing the sustainability of life for both present and future generations. These include, ethics, environmental disasters, crimes against humanity and environmental health, and how such issues can be subject to sound governance and be incorporated into international law. The book also looks forward to new applications of the concept of ecological integrity, such as crimes that result in the exploitation of natural resources and the illegal dispossession of land.

Author : Jane Holder,Donald McGillivary
Publisher : Routledge
Page : 390 pages
File Size : 55,6 Mb
Release : 2019-01-15
Category : Social Science
ISBN : 9780429832130

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Locality and Identity by Jane Holder,Donald McGillivary Pdf

First published in 1999, this volume is concerned with how issues of identity and locality – globalization and ethics, valuing the environment, environmental justice and the use of traditional and new legal forms – cross the disciplines of law, ethics, geography, political science and social theory. Necessarily diverse, the collection both explores and confronts the limitations of law that prevent recognition of the relationship between humans and nature.