Rights Of Nature In Europe

Author : Jenny García Ruales,Katarina Hovden,Helen Kopnina,Colin D. Robertson,Hendrik Schoukens
Publisher : Taylor & Francis
Page : 349 pages
File Size : 55,5 Mb
Release : 2024-04-09
Category : Law
ISBN : 9781040013014

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Rights of Nature in Europe by Jenny García Ruales,Katarina Hovden,Helen Kopnina,Colin D. Robertson,Hendrik Schoukens Pdf

This book addresses the recognition of the Rights of Nature (RoN) in Europe, examining their conceptualisation and implementation. RoN refers to a diverse set of legal developments that seek to redefine Nature's status within the law, gradually emerging as a novel template for environmental protection. Countries like Ecuador and New Zealand, each with distinct histories and ways of dwelling in the world, have pioneered a new era in environmental governance by legally acknowledging rights or personhood for nature, ecosystems, and more-than-human populations. In recent years, Europe has witnessed growing interest in RoN, with academic, legislative, and political initiatives gaining momentum. A significant development is the September 2022 passage of a law in the Spanish Parliament, granting legal personhood and rights to the Mar Menor, a saltwater lagoon severely affected by environmental degradation. Given the diversity in interpretations and articulations of ‘Rights of Nature’, this edited volume argues that their arrival in Europe fosters different kinds of interactions across distinct areas of law, knowledge, practices, and societal domains. The book employs a multidisciplinary approach, exploring these interactions in law and policy, anthropology, Indigenous worldviews and jurisprudence, philosophy, spiritual traditions, critical theory, animal communication, psychology, and social work. This book is tailored for scholars in law, political science, environmental studies, anthropology and cultural studies; as well as legal practitioners, NGOs, activists and policy-makers interested in ecology and environmental protection.

Author : Cameron La Follette,Chris Maser
Publisher : CRC Press
Page : 436 pages
File Size : 40,7 Mb
Release : 2019-09-30
Category : Law
ISBN : 9780429000393

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Sustainability and the Rights of Nature in Practice by Cameron La Follette,Chris Maser Pdf

Sustainability and the Rights of Nature in Practice is the much-needed complementary volume to Sustainability and the Rights of Nature: An Introduction (CRC Press, May 2017). The first book laid out the international precursors for the Rights of Nature doctrine and described the changes required to create a Rights of Nature framework that supports Nature in a sustainable relationship rather than as an exploited resource. This follow-up work provides practitioners from diverse cultures around the world an opportunity to describe their own projects, successes, and challenges in moving toward a legal personhood for Nature. It includes contributions from Nepal, New Zealand, Canadian Native American cultures, Kiribati, the United States and Scotland, amongst others, by practitioners working on projects that can be integrated into a Rights of Nature framework. The authors also tackle required changes to shift the paradigm, such as thinking of Nature in a sacred manner, reorienting Nature’s rights and human rights, the conceptualization of restoration, and the removal of large-scale energy infrastructure. Curated by experts in the field, this expansive collection of papers will prove invaluable to a wide array of policymakers and administrators, environmental advocates and conservation groups, tribal land managers, and communities seeking to create or maintain a sustainable relationship with Nature. Features: Addresses existing projects that are successfully implementing a Rights of Nature legal framework, including the difference it makes in practice Presents the voices of practitioners not often recognized who are working in innovative ways towards sustainability and the need to grant a voice to Nature in human decision-making Explores new ideas from the insights of a diverse range of cultures on how to grant legal personhood to Nature, restrain damaging human activity, create true sustainability, and glimpse how a Rights of Nature paradigm can work in different societies Details the potential pitfalls to Rights of Nature governance and land use decisions from people doing the work, as well as their solutions Discusses the basic human needs for shelter, food, and community in entirely new ways: in relationship with Nature, rather than in conquest of it

Author : Michael Stolleis
Publisher : Routledge
Page : 457 pages
File Size : 51,8 Mb
Release : 2016-04-22
Category : History
ISBN : 9781317089766

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Natural Law and Laws of Nature in Early Modern Europe by Michael Stolleis Pdf

This impressive volume is the first attempt to look at the intertwined histories of natural law and the laws of nature in early modern Europe. These notions became central to jurisprudence and natural philosophy in the seventeenth century; the debates that informed developments in those fields drew heavily on theology and moral philosophy, and vice versa. Historians of science, law, philosophy, and theology from Europe and North America here come together to address these central themes and to consider the question; was the emergence of natural law both in European jurisprudence and natural philosophy merely a coincidence, or did these disciplinary traditions develop within a common conceptual matrix, in which theological, philosophical, and political arguments converged to make the analogy between legal and natural orders compelling. This book will stimulate new debate in the areas of intellectual history and the history of philosophy, as well as the natural and human sciences in general.

Author : Hendrik Schoukens,Farah Bouquelle
Publisher : Edward Elgar Publishing
Page : 381 pages
File Size : 55,6 Mb
Release : 2024-03-14
Category : Law
ISBN : 9781035300426

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The Right to a Healthy Environment in and Beyond the Anthropocene by Hendrik Schoukens,Farah Bouquelle Pdf

In light of the UN General AssemblyÕs recognition of the human right to a clean, healthy, and sustainable environment, this erudite book presents in-depth analyses of the concrete operationalization of this right at the regional, national, and international level.

Author : Paul Keal
Publisher : Cambridge University Press
Page : 284 pages
File Size : 54,5 Mb
Release : 2003-08-28
Category : History
ISBN : 0521531799

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European Conquest and the Rights of Indigenous Peoples by Paul Keal Pdf

Paul Keal examines the historical role of international law and political theory in justifying the dispossession of indigenous peoples as part of the expansion of international society. He argues that, paradoxically, law and political theory can now underpin the recovery of indigenous rights. At the heart of contemporary struggles is the core right of self-determination, and Keal argues for recognition of indigenous peoples as 'peoples' with the right of self-determination in constitutional and international law, and for adoption of the Draft Declaration on the Rights of Indigenous Peoples by the General Assembly. He asks whether the theory of international society can accommodate indigenous peoples and considers the political arrangements needed for states to satisfy indigenous claims. The book also questions the moral legitimacy of international society and examines notions of collective guilt and responsibility.

Author : Joana Castro Pereira,André Saramago
Publisher : Springer Nature
Page : 348 pages
File Size : 41,7 Mb
Release : 2020-08-26
Category : Political Science
ISBN : 9783030494964

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Non-Human Nature in World Politics by Joana Castro Pereira,André Saramago Pdf

This book explores the interconnections between world politics and non-human nature to overcome the anthropocentric boundaries that characterize the field of international relations. By gathering contributions from various perspectives, ranging from post-humanism and ecological modernization, to new materialism and post-colonialism, it conceptualizes the embeddedness of world politics in non-human nature, and proposes a reorientation of political practice to better address the challenges posed by climate change and the deterioration of the Earth’s ecosystems. The book is divided into two main parts, the first of which addresses new ways of theoretically conceiving the relationship between non-human nature and world politics. In turn, the second presents empirical investigations into specific case studies, including studies on state actors and international organizations and bodies. Given its scope and the new perspectives it shares, this edited volume represents a uniquely valuable contribution to the field.

Author : Erin O'Donnell
Publisher : Routledge
Page : 202 pages
File Size : 54,7 Mb
Release : 2018-10-17
Category : Law
ISBN : 9780429889608

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Legal Rights for Rivers by Erin O'Donnell Pdf

In 2017 four rivers in Aotearoa New Zealand, India, and Colombia were given the status of legal persons, and there was a recent attempt to extend these rights to the Colorado River in the USA. Understanding the implications of creating legal rights for rivers is an urgent challenge for both water resource management and environmental law. Giving rivers legal rights means the law can see rivers as legal persons, thus creating new legal rights which can then be enforced. When rivers are legally people, does that encourage collaboration and partnership between humans and rivers, or establish rivers as another competitor for scarce resources? To assess what it means to give rivers legal rights and legal personality, this book examines the form and function of environmental water managers (EWMs). These organisations have legal personality, and have been active in water resource management for over two decades. EWMs operate by acquiring water rights from irrigators in rivers where there is insufficient water to maintain ecological health. EWMs can compete with farmers for access to water, but they can also strengthen collaboration between traditionally divergent users of the aquatic environment, such as environmentalists, recreational fishers, hunters, farmers, and hydropower. This book explores how EWMs use the opportunities created by giving nature legal rights, such as the ability to participate in markets, enter contracts, hold property, and enforce those rights in court. However, examination of the EWMs unearths a crucial and unexpected paradox: giving legal rights to nature may increase its legal power, but in doing so it can weaken community support for protecting the environment in the first place. The book develops a new conceptual framework to identify the multiple constructions of the environment in law, and how these constructions can interact to generate these unexpected outcomes. It explores EWMs in the USA and Australia as examples, and assesses the implications of creating legal rights for rivers for water governance. Lessons from the EWMs, as well as early lessons from the new ‘river persons,’ show how to use the law to improve river protection and how to begin to mitigate the problems of the paradox.

Author : Elia Apostolopoulou,Jose A. Cortes-Vazquez
Publisher : Routledge
Page : 323 pages
File Size : 45,6 Mb
Release : 2018-12-07
Category : Law
ISBN : 9780429763090

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The Right to Nature by Elia Apostolopoulou,Jose A. Cortes-Vazquez Pdf

Since the 2008 financial crash the expansion of neoliberalism has had an enormous impact on nature-society relations around the world. In response, various environmental movements have emerged opposing the neoliberal restructuring of environmental policies using arguments that often bridge traditional divisions between the environmental and labour agendas. The Right to Nature explores the differing experiences of a number of environmental-social movements and struggles from the point of view of both activists and academics. This collection attempts to both document the social-ecological impacts of neoliberal attempts to exploit non-human nature in the post-crisis context and to analyse the opposition of emerging environmental movements and their demands for a radically different production of nature based on social needs and environmental justice. It also provides a necessary space for the exchange of ideas and experiences between academics and activists and aims to motivate further academic-activist collaborations around alternative and counter-hegemonic re-thinking of environmental politics. This book will be of great interest to students, scholars and activists interested in environmental policy, environmental justice, social and environmental movements.

Author : Matteo Bonelli,Mariolina Eliantonio,Giulia Gentile
Publisher : Bloomsbury Publishing
Page : 329 pages
File Size : 47,9 Mb
Release : 2022-12-15
Category : Political Science
ISBN : 9781509947959

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Article 47 of the EU Charter and Effective Judicial Protection, Volume 1 by Matteo Bonelli,Mariolina Eliantonio,Giulia Gentile Pdf

This ambitious, innovative project examines the principle of effective judicial protection in EU law over two volumes. The principle of effective judicial protection is a cornerstone of the EU's judicial system and is re-affirmed in Article 47 of the Charter of Fundamental Rights of the European Union. Since the 1980s the Court of Justice has used the principle to shape EU and national procedural rules; more recently, the principle has acquired an even more central role in the EU constitutional structure. In this first volume, an expert team explores how the Court of Justice has interpreted the principle, as expressed in particular by Article 47 of the Charter, in selected policy areas, and reflects on the impact of the principle on the EU's constitutional structure. Addressing key questions such as legal certainty, judicial independence and procedural autonomy, this volume significantly adds to our understanding of judicial protection within the multi-level EU judicial architecture.

Author : Francesca Ippolito
Publisher : Springer Nature
Page : 346 pages
File Size : 53,8 Mb
Release : 2022-11-07
Category : Law
ISBN : 9789462655478

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Children’s Environmental Rights Under International and EU Law by Francesca Ippolito Pdf

This book is dedicated to a topic which has for a long time lacked the attention it deserves within the academic world. It intends to address in a coherent and comprehensive manner the problem of the environmental rights of the child, which are not identical to the ones of adults whose environmental rights have been appraised from a general point of view. In the absence of any international law instrument explicitly granting a child the right to a clean environment, drawing on an extensive and original analysis of the UN Convention on the Rights of the Child and the practice of its monitoring body, this book undertakes an assessment of the extent to which these challenges may be overcome through a greater engagement between international law on the rights of the child and international environmental law. The result is the first comprehensive study on the manner in which these two mutually reinforcing legal regimes can interact to strengthen the protection of children’s environmental human rights at stake in the increased strategic environmental and climate litigations at both the national and international level. The book is recommended reading for, amongst others, policy makers, international environmental lawyers and human rights lawyers and practitioners. Additionally, lecturers, students and researchers from a range of disciplines will also gain from seeing how new legal scholarship and intertwined branches of international law contribute to the continual development of the living rights of the human rights conventions. Francesca Ippolito is Associate Professor of International Law in the Department of Political and Social Science of the University of Cagliari, Italy. She holds the Jean Monnet Chair on European Climate of Change - REACT for 2021-2024.

Author : Mihnea Tanasescu
Publisher : transcript Verlag
Page : 169 pages
File Size : 55,5 Mb
Release : 2022-01-31
Category : Political Science
ISBN : 9783839454312

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Understanding the Rights of Nature by Mihnea Tanasescu Pdf

Rivers, landscapes, whole territories: these are the latest entities environmental activists have fought hard to include in the relentless expansion of rights in our world. But what does it mean for a landscape to have rights? Why would anyone want to create such rights, and to what end? Is it a good idea, and does it come with risks? This book presents the logic behind giving nature rights and discusses the most important cases in which this has happened, ranging from constitutional rights of nature in Ecuador to rights for rivers in New Zealand, Colombia, and India. Mihnea Tanasescu offers clear answers to the thorny questions that the intrusion of nature into law is sure to raise.

Author : Workshop on Nature Conservation in Central and Eastern Europe,Council of Europe
Publisher : Council of Europe
Page : 138 pages
File Size : 46,7 Mb
Release : 1994-01-01
Category : Political Science
ISBN : 9287124728

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Workshop on Nature Conservation in Central and Eastern Europe by Workshop on Nature Conservation in Central and Eastern Europe,Council of Europe Pdf

On title page: Convention on the Conservation of European Wildlife and Natural Habitats

Author : Peter Bromley
Publisher : Taylor & Francis
Page : 364 pages
File Size : 43,5 Mb
Release : 2012-12-06
Category : Architecture
ISBN : 9781135158606

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Nature Conservation in Europe by Peter Bromley Pdf

The Rio Summit has pointed to the urgency for the development of an international conservation policy; and the post-Maastricht debates in Europe have highlighted the need for the EU to reassess structural funding in nature conservation, as well as the influences on policy and practice. This book is a 'route map' through the legislative and policy frameworks and explains how conservation works in Europe. It goes through the policies for nature conservation in the European Community and its constituent member states and sets out the mechanisms for delivering this policy. An understanding of the European legislative framework is now vital as its influence on local practice increases. Practitioners in the fields of countryside conservation and general land management will find the book an essential guide to the working of the EU, as well as helping an appreciation of their local role within the wider community objectives. This will, for example allow a better understanding of the grant system which many managers are now using.

Author : Guillaume Futhazar,Sandrine Maljean-Dubois,Jona Razzaque,Professor of Environmental Law Jona Razzaque
Publisher : Oxford University Press
Page : 449 pages
File Size : 49,8 Mb
Release : 2023-03-29
Category : Law
ISBN : 9780192865465

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Biodiversity Litigation by Guillaume Futhazar,Sandrine Maljean-Dubois,Jona Razzaque,Professor of Environmental Law Jona Razzaque Pdf

Biodiversity is in accelerated decline and urgent action is needed. In 2020, the Strategic Plan for Biodiversity ended, and none of its Aichi Targets were met. Despite the legally disappointing situation on a global level, the role of national courts in adjudicating climate change litigation is showing potential for effective mitigation and adaptation, and judges have become key actors in linking internationally agreed goals with tangible national commitments to mitigate climate change. Can this pursuit of globally agreed goals at a local level be transposed and lead a similar trend for biodiversity governance? This edited collection gives readers an overview of the shape and reach of biodiversity litigation, drawing on specific case studies from countries such as Brazil, China, India and Canada. It considers two questions: Firstly, what is the influence of international biodiversity law on biodiversity litigation? Secondly, what are the trends of biodiversity litigation? Leading experts discuss these questions from the perspective of developing, developed and mega bio-diverse countries, promoting the concept of biodiversity litigation as a common notion of environmental law, and arguing for more creative legal thinking when dealing with and analysing biodiversity-related disputes.

Author : Lothar Gündling,Council of Europe
Publisher : Council of Europe
Page : 28 pages
File Size : 49,5 Mb
Release : 1997-01-01
Category : Political Science
ISBN : 9287133034

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Legal Obstacles to the Application of Nature Conservation Legislation by Lothar Gündling,Council of Europe Pdf