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.
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.
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.
Anthropocene is the proposed name for the new geological epoch in which humans have overwhelming impact on planetary processes. This edited volume invites reflection on the meaning and role of law in light of changing planetary realties. Taking the concept of the Anthropocene as a starting point, the contributions to this book address emerging legal issues from a transnational environmental law perspective. How law interacts with, and how law governs, global environmental problems is a challenge that legal scholars have approached with vigour over the last decade. More recently, the concept of the Anthropocene has become a topic that researchers have also begun to grapple with by engaging with disciplines beyond legal scholarship. One avenue of research that has emerged to address global environmental problems is transnational environmental law. Adopting ‘transnational law’ as a lens or framework through which to analyse environmental law takes a broader approach to the ways in which law may be assessed and deployed to meet planetary challenges. The chapters within this book provide a timely intervention into the theoretical and practical approaches of transnational environmental law in a time of significant uncertainty and environmental and human crises. The chapters in this book were originally published as a special issue of Transnational Legal Theory.
In the groundbreaking Food, Agriculture, and Environmental Law, leading environmental legal scholars Mary Jane Angelo, Jason Czarnezki, and Bill Eubanks, along with five distinguished contributing authors, undertake an exploration of the challenging political and societal issues facing agricultural policy and modern food systems through the lens of environmental protection laws. Through this exploration, the authors seek to answer difficult questions about the need for new approaches to agricultural policy and environmental law to meet 21st Century concerns surrounding climate change, sustainable agriculture, accessibility to healthy foods, and the conservation of natural resources and ecosystem services. This is the first book to examine both the impact of agricultural policy on the environment and the influence of environmental law on food and agriculture. The authors present a brief historical overview of agricultural policy as it has adapted to satisfy shifting demands and new technologies, and its role in shaping not only the current farming system and the rural economy, but also the value which we ascribe to our natural resources relative to agricultural production. The authors then explain in detail the components of the current farm bill; analyze the ecological impacts of the modern farming system encouraged by our nation s agricultural policy; and examine the interplay between agriculture, food production and distribution, and existing environmental and related laws. They conclude with several concrete proposals to reform agricultural policy that serve as models of how to enhance sustainability in our farming and food system. This book supplies a comprehensive, timely, and cohesive guide on the intersection of agriculture and the natural environment. It achieves this goal through an interdisciplinary lens, engaging diverse perspectives to provide both a practical and academic examination of the environmental impacts of current farm policy, the applicability of environmental regulatory mechanisms to agriculture and food, and reform proposals to combat environmental harms while protecting farmers economic interests as well as the rural communities they bolster. As a result, this work serves as the quintessential text for bringing these issues to the classroom in a variety of fields, including law, public policy, agricultural economics, and environmental science.
Addressing law's relationship to land and natural resources through its property regime, Lawscape: Property, Environment, Law considers the ways in which property law transforms both natural environments and social economies.
This book presents a series of "ecological law" case studies, designed to illustrate in concrete, real-world ways how ecological law would transform law in a range of diverse contexts. Ecological law is an emerging, and currently mostly theoretical, discipline grounded in the need to shift away from anthropocentric legal systems, which aim to promote economic growth using strong protections of private property regimes and state sovereignty, to ecological approaches, which emphasize ecocentrism, the primacy of ecological limits, and intragenerational, intergenerational, and interspecies fairness and justice. The ecological law case studies presented in this book apply the theoretical principles and concepts of ecological law to diverse real-world situations or activities in several countries and contexts. Taking up a range of examples from Brazil, Canada, Germany, Mexico, Nigeria, the United States, and internationally, the book demonstrates the concrete relevance of ecological law to contemporary sustainability challenges, as it reveals pathways for overcoming real-world challenges in the implementation and public acceptance of ecological law. This book will appeal to researchers, scholars, and policy makers working in the area of environmental law and governance, as well as others with relevant interests in sociolegal studies, human geography, political science, and environmental studies.
The book examines the genesis and development of environmental rights (or the Right to Environment) in international law and discusses their philosophical, theoretical and legal underpinnings in the context of sustainable development and the notion of solidarity rights.
This book examines the relationship between man and nature through different cultural approaches to encourage new environmental legislation as a means of fostering acceptance at a local level. In 2019, the International Union of Geological Sciences (IUGS) recognized that we have entered a new era, the Anthropocene, specifically characterized by the impact of one species, mankind, on environmental change. Anthropocene is penetrating the discourse of both hard sciences and humanities and social sciences, by posing new epistemological as well as practical challenges to many disciplines. Legal sciences have so far been at the margins of this intellectual renewal, with few contributions on the central role that the notion of Anthropocene could play in forging a more effective and just environmental law. By applying a multidisciplinary approach and adopting a Law as culture paradigm to the study of law, this book explores new paths of investigation and possible solutions to be applied. New perspectives for the constitutional framing of environmental policies, rights, and alternative methods for bottom-up participatory law-making and conflict resolution are investigated, showing that environmental justice is not just an option, but an objective within reach. The book will be essential reading for students, academics, and policymakers in the areas of Law, Environmental Studies and Anthropology.
