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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.
Book Synopsis An Ecological Approach to International Law by : Prue Taylor
Download or read book An Ecological Approach to International Law written by Prue Taylor and published by Routledge. This book was released on 2008-01-28 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis An Ecological Approach to Environmental Law by : Jennifer Caldwell
Download or read book An Ecological Approach to Environmental Law written by Jennifer Caldwell and published by . This book was released on 1988 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt:
The ecosystem approach, broadly understood as a legal and governance strategy for integrated environmental and biodiversity management, has been adopted within a wide variety of international environmental legal regimes and provides a narrative, a policy approach and in some cases legally binding obligations for States to implement what has been called a ‘new paradigm’ of environmental management. In this last respect, the ecosystem approach is also often considered to offer an opportunity to move beyond the outdated anthropocentric framework underpinning much of international environmental law, thus helping re-think law in the Anthropocene. Against this background, this book addresses the question of whether the ecosystem approach represents a paradigm shift in international environmental law and governance, or whether it is in conceptual and operative continuity with legal modernity. This central question is explored through a combined genealogical and biopolitical framework, which reveals how the ecosystem approach is the result of multiple contingencies and contestations, and of the interplay of divergent and sometimes irreconcilable ideological projects. The ecosystem approach, this books shows, does not have a univocal identity, and must be understood as both signalling the potential for a decisive shift in the philosophical orientation of law and the operationalisation of a biopolitical framework of control that is in continuity with, and even intensifies, the eco-destructive tendencies of legal modernity. It is, however, in revealing this disjunction that the book opens up the possibility of moving beyond the already tired assessment of environmental law through the binary of anthropocentrism and ecocentrism.
Book Synopsis The 'Ecosystem Approach' in International Environmental Law by : Vito De Lucia
Download or read book The 'Ecosystem Approach' in International Environmental Law written by Vito De Lucia and published by Routledge. This book was released on 2019-03-28 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ecosystem approach, broadly understood as a legal and governance strategy for integrated environmental and biodiversity management, has been adopted within a wide variety of international environmental legal regimes and provides a narrative, a policy approach and in some cases legally binding obligations for States to implement what has been called a ‘new paradigm’ of environmental management. In this last respect, the ecosystem approach is also often considered to offer an opportunity to move beyond the outdated anthropocentric framework underpinning much of international environmental law, thus helping re-think law in the Anthropocene. Against this background, this book addresses the question of whether the ecosystem approach represents a paradigm shift in international environmental law and governance, or whether it is in conceptual and operative continuity with legal modernity. This central question is explored through a combined genealogical and biopolitical framework, which reveals how the ecosystem approach is the result of multiple contingencies and contestations, and of the interplay of divergent and sometimes irreconcilable ideological projects. The ecosystem approach, this books shows, does not have a univocal identity, and must be understood as both signalling the potential for a decisive shift in the philosophical orientation of law and the operationalisation of a biopolitical framework of control that is in continuity with, and even intensifies, the eco-destructive tendencies of legal modernity. It is, however, in revealing this disjunction that the book opens up the possibility of moving beyond the already tired assessment of environmental law through the binary of anthropocentrism and ecocentrism.
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.
Book Synopsis From Environmental to Ecological Law by : Kirsten Anker
Download or read book From Environmental to Ecological Law written by Kirsten Anker and published by Routledge. This book was released on 2020-12-30 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
This research collection offers a comprehensive investigation into ecological approaches into environmental law. It brings together a kaleidoscope of different articles to examine the critique of environmental law, the ethical dimensions, and methodology before exploring the key issues focusing on rights and responsibilities, property and the commons, governance and constitutionalism. It also presents work that looks into the theory of Earth Jurisprudence. Together with an original introduction, this collection is an indispensable reference for anyone interested in ecological approaches to environmental law.
Book Synopsis Ecological Approaches to Environmental Law by : Klaus Bosselmann
Download or read book Ecological Approaches to Environmental Law written by Klaus Bosselmann and published by . This book was released on 2017-08-25 with total page 992 pages. Available in PDF, EPUB and Kindle. Book excerpt: This research collection offers a comprehensive investigation into ecological approaches into environmental law. It brings together a kaleidoscope of different articles to examine the critique of environmental law, the ethical dimensions, and methodology before exploring the key issues focusing on rights and responsibilities, property and the commons, governance and constitutionalism. It also presents work that looks into the theory of Earth Jurisprudence. Together with an original introduction, this collection is an indispensable reference for anyone interested in ecological approaches to environmental law.
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.
Book Synopsis The Lens of Ecological Law by : Carla Sbert
Download or read book The Lens of Ecological Law written by Carla Sbert and published by Edward Elgar Publishing. This book was released on 2020-04-24 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
Book Synopsis Environmental Law and the Ecosystem Approach by : Froukje Maria Platjouw
Download or read book Environmental Law and the Ecosystem Approach written by Froukje Maria Platjouw and published by Routledge. This book was released on 2016-05-05 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Environmental Law, Disrupted by : Keith H. Hirokawa
Download or read book Environmental Law, Disrupted written by Keith H. Hirokawa and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Winner, IBPA Benjamin Franklin Award in Politics/Current Events: A systems theorist and a legal scholar present a new paradigm for protecting our planet. This is the first book to trace the fascinating parallel history of law and science from antiquity to modern times, showing how the two disciplines have always influenced each other—until recently. In the past few decades, science has shifted from seeing the natural world as a kind of cosmic machine best understood by analyzing each cog and sprocket to a systems perspective that views the world as a vast network of fluid communities and studies their dynamic interactions. The concept of ecology exemplifies this approach. But law is stuck in the old mechanistic paradigm: The world is simply a collection of discrete parts, and ownership of these parts is an individual right, protected by the state. Fritjof Capra, physicist, systems theorist, and bestselling author of The Tao of Physics, and distinguished legal scholar Ugo Mattei show that this obsolete worldview has led to overconsumption, pollution, and a general disregard on the part of the powerful for the common good. Capra and Mattei outline the basic concepts and structures of a legal order consistent with the ecological principles that sustain life on Earth that better addresses many of the economic and social crises we face today. This is a visionary reconceptualization of the very foundations of the Western legal system, a kind of Copernican revolution in the law, with profound implications for the future of our planet. “Thoughtful . . . The authors propose a philosophy and jurisprudence that is deeply radical—upending centuries of Western tradition and culture—but possibly crucial to solving looming environmental problems.” —Publishers Weekly
Book Synopsis The Ecology of Law by : Fritjof Capra
Download or read book The Ecology of Law written by Fritjof Capra and published by Berrett-Koehler Publishers. This book was released on 2015-10-05 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner, IBPA Benjamin Franklin Award in Politics/Current Events: A systems theorist and a legal scholar present a new paradigm for protecting our planet. This is the first book to trace the fascinating parallel history of law and science from antiquity to modern times, showing how the two disciplines have always influenced each other—until recently. In the past few decades, science has shifted from seeing the natural world as a kind of cosmic machine best understood by analyzing each cog and sprocket to a systems perspective that views the world as a vast network of fluid communities and studies their dynamic interactions. The concept of ecology exemplifies this approach. But law is stuck in the old mechanistic paradigm: The world is simply a collection of discrete parts, and ownership of these parts is an individual right, protected by the state. Fritjof Capra, physicist, systems theorist, and bestselling author of The Tao of Physics, and distinguished legal scholar Ugo Mattei show that this obsolete worldview has led to overconsumption, pollution, and a general disregard on the part of the powerful for the common good. Capra and Mattei outline the basic concepts and structures of a legal order consistent with the ecological principles that sustain life on Earth that better addresses many of the economic and social crises we face today. This is a visionary reconceptualization of the very foundations of the Western legal system, a kind of Copernican revolution in the law, with profound implications for the future of our planet. “Thoughtful . . . The authors propose a philosophy and jurisprudence that is deeply radical—upending centuries of Western tradition and culture—but possibly crucial to solving looming environmental problems.” —Publishers Weekly
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.
Book Synopsis Social-Ecological Resilience and Law by : Ahjond S. Garmestani
Download or read book Social-Ecological Resilience and Law written by Ahjond S. Garmestani and published by Columbia University Press. This book was released on 2014-02-25 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
