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Author: Michelle Lim
Publisher: Springer
ISBN: 9789811390678
Category : Law
Languages : en
Pages : 245
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Book Description
This book explores a range of plausible futures for environmental law in the new era of the Earth’s history: the Anthropocene. The book discusses multiple contemporary and future challenges facing the planet and humanity. It examines the relationship between environmental law and the Anthropocene at governance scales from the global to the local. The breadth of issues and jurisdictions covered by the book, its forward-looking nature, and the unique generational perspective of the contributing authors means that this publication appeals to a wide audience from specialist academics and policy-makers to a broader lay readership.
Author: Michelle Lim
Publisher: Springer
ISBN: 9789811390678
Category : Law
Languages : en
Pages : 245
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Book Description
This book explores a range of plausible futures for environmental law in the new era of the Earth’s history: the Anthropocene. The book discusses multiple contemporary and future challenges facing the planet and humanity. It examines the relationship between environmental law and the Anthropocene at governance scales from the global to the local. The breadth of issues and jurisdictions covered by the book, its forward-looking nature, and the unique generational perspective of the contributing authors means that this publication appeals to a wide audience from specialist academics and policy-makers to a broader lay readership.
Author: Louis J Kotzé
Publisher: Bloomsbury Publishing
ISBN: 1509907599
Category : Law
Languages : en
Pages : 352
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Book Description
There is persuasive evidence suggesting we are on the brink of human-induced ecological disaster that could change life on Earth as we know it. There is also a general consensus among scientists about the pace and extent of global ecological decay, including a realisation that humans are central to causing the global socio-ecological crisis. This new epoch has been called the Anthropocene. Considering the many benefits that constitutional environmental protection holds out in domestic legal orders, it is likely that a constitutionalised form of global environmental law and governance would be better able to counter the myriad exigencies of the Anthropocene. This book seeks to answer this central question: from the perspective of the Anthropocene, what is environmental constitutionalism and how could it be extrapolated to formulate a global framework? In answering this question, this book offers the first systematic conceptual framework for global environmental constitutionalism in the epoch of the Anthropocene.
Author: Kirsten Anker
Publisher: Routledge
ISBN: 1000328627
Category : Law
Languages : en
Pages : 311
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Book Description
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: Emily Webster
Publisher: Routledge
ISBN: 1000373002
Category : Law
Languages : en
Pages : 375
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Book Description
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.
Author: Timothy Cadman
Publisher: Routledge
ISBN: 1000482499
Category : Political Science
Languages : en
Pages : 300
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Book Description
This book systematically explores the emerging legal discipline of Earth System Law (ESL), challenging the closed system of law and marking a new era in law and society scholarship. Law has historically provided stability, certainty, and predictability in the ordering of social relations (predominantly between humans). However, in recent decades the Earth’s relationship in law has changed with increasing recognition of the standing of Mother Earth, inherent rights of the environment (such as flora and fauna, rivers), and now recognition of the multiple relations of the Anthropocene. This book questions the fundamental assumption that ‘the law’ only applies to humans, and that the earth, as a system, has intrinsic rights and responsibilities. In the last ten years the planet has experienced its hottest period since human evolution, and by the year 2100, unless substantive action is taken, many species will be lost, and planetary conditions will be intolerable for human civilisation as it currently exists. Relationships between humans, the biosphere, and all planetary systems must change. The authors address these challenging topics, setting the groundwork of ESL to ensure sustainable development of the coupled socio-ecological system that the Earth has become. Earth System Law is an interdisciplinary and transdisciplinary research project, and, as such, this book will be of great interest to researchers and stakeholders from a wide range of disciplines, including political science, anthropology, economics, law, ethics, sociology, and psychology.
Author: Melinda Harm Benson
Publisher: University Press of Kansas
ISBN: 070062516X
Category : Nature
Languages : en
Pages : 256
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Book Description
The time has come for us to collectively reexamine—and ultimately move past—the concept of sustainability in environmental and natural resources law and management. The continued invocation of sustainability in policy discussions ignores the emerging reality of the Anthropocene, which is creating a world characterized by extreme complexity, radical uncertainty, and unprecedented change. From a legal and policy perspective, we must face the impossibility of even defining—let alone pursuing—a goal of “sustainability” in such a world. Melinda Harm Benson and Robin Kundis Craig propose resilience as a more realistic and workable communitarian approach to environmental governance. American environmental and natural resources laws date to the early 1970s, when the steady-state “Balance of Nature” model was in vogue—a model that ecologists have long since rejected, even before adding the complication of climate change. In the Anthropocene, a new era in which humans are the key agent of change on the planet, these laws (and American culture more generally) need to embrace new narratives of complex ecosystems and humans’ role as part of them—narratives exemplified by cultural tricksters and resilience theory. Updating Aldo Leopold’s vision of nature and humanity as a single community for the Anthropocene, Benson and Craig argue that the narrative of resilience integrates humans back into the complex social and ecological system known as Earth. As such, it empowers humans to act for a better future through law and policy despite the very real challenges of climate change.
Author: Louis Kotzé
Publisher: Bloomsbury Publishing
ISBN: 150990655X
Category : Law
Languages : en
Pages : 587
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Book Description
The era of eco-crises signified by the Anthropocene trope is marked by rapidly intensifying levels of complexity and unevenness, which collectively present unique regulatory challenges to environmental law and governance. This volume sets out to address the currently under-theorised legal and consequent governance challenges presented by the emergence of the Anthropocene as a possible new geological epoch. While the epoch has yet to be formally confirmed, the trope and discourse of the Anthropocene undoubtedly already confront law and governance scholars with a unique challenge concerning the need to question, and ultimately re-imagine, environmental law and governance interventions in the light of a new socio-ecological situation, the signs of which are increasingly apparent and urgent. This volume does not aspire to offer a univocal response to Anthropocene exigencies and phenomena. Any such attempt is, in any case, unlikely to do justice to the multiple implications and characteristics of Anthropocene forebodings. What it does is to invite an unrivalled group of leading law and governance scholars to reflect upon the Anthropocene and the implications of its discursive formation in an attempt to trace some initial, often radical, future-facing and imaginative implications for environmental law and governance.
Author: Duncan French
Publisher: Edward Elgar Publishing
ISBN: 1789902746
Category : Law
Languages : en
Pages : 416
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Book Description
This comprehensive Research Handbook is the first study to link law and Earth system science through the epistemic lens of the planetary boundaries framework. It critically examines the legal and governance aspects of the framework, considering not only each planetary boundary, but also a range of systemic issues, including the ability of law to keep us within the planetary boundaries’ safe operating space.
Author: Jesse L. Reynolds
Publisher: Cambridge University Press
ISBN: 1107161959
Category : Business & Economics
Languages : en
Pages : 277
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Book Description
Solar geoengineering could reduce climate change, but poses risks. This volume explores how it is, could, and should be governed.
Author: Vito De Lucia
Publisher: Routledge
ISBN: 1351366521
Category : Law
Languages : en
Pages : 257
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Book Description
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.
