Environmental Law and the Ecosystem Approach

Environmental Law and the Ecosystem Approach PDF Author: Froukje Maria Platjouw
Publisher: Routledge
ISBN: 1317293762
Category : Law
Languages : en
Pages : 252

Get Book

Book Description
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.

Environmental Law and the Ecosystem Approach

Environmental Law and the Ecosystem Approach PDF Author: Froukje Maria Platjouw
Publisher: Routledge
ISBN: 1317293762
Category : Law
Languages : en
Pages : 252

Get Book

Book Description
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.

The 'Ecosystem Approach' in International Environmental Law

The 'Ecosystem Approach' in International Environmental Law PDF Author: Vito De Lucia
Publisher: Routledge
ISBN: 1351366521
Category : Law
Languages : en
Pages : 272

Get Book

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.

Environmental Law and the Ecosystem Approach

Environmental Law and the Ecosystem Approach PDF Author: Froukje Maria Platjouw
Publisher: Routledge
ISBN: 1317293770
Category : Law
Languages : en
Pages : 220

Get Book

Book Description
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.

Law and Ecology

Law and Ecology PDF Author: Richard O. Brooks
Publisher: Routledge
ISBN: 1351922904
Category : Law
Languages : en
Pages : 450

Get Book

Book Description
In 1970 Earth Day was first celebrated marking the dawn of worldwide environmental consciousness and the passing of many environmental laws. In part, these events were the result of the maturing of the science of ecology which recognized the interdependence of the web and cycles of nature. This volume explores the relationship between ecology and environmental law, beginning with a description of the two very different disciplines. This description is followed by a history of their episodic interactions: the early period of origin, the mid-century formative period from 1950 to 1970, the initial serious period of interaction after Earth Day in 1970 and the testing of the relationship during the next two decades. Utilizing a number of case studies, examinations of the key 'linkage persons', legal instruments and the migration of ecological concepts and frameworks, this book analyzes the final flowering of an ecosystem regime which embraces the connections between the two disciplines of ecology and environmental law. Concluding with an inventory of the problems posed by the relationship between the two disciplines and an agenda for future research, this clearly structured, comprehensive and stringent book is an essential resource for all serious scholars and students of ecology and environmental law.

Rule of Law for Nature

Rule of Law for Nature PDF Author: Christina Voigt
Publisher: Cambridge University Press
ISBN: 1107043263
Category : Business & Economics
Languages : en
Pages : 409

Get Book

Book Description
Questions the doctrinal construction of environmental law and looks for innovative legal approaches to ecological sustainability.

The Ecosystem Approach in Ocean Planning and Governance

The Ecosystem Approach in Ocean Planning and Governance PDF Author: David Langlet
Publisher:
ISBN: 9789004389977
Category : Environmental management
Languages : en
Pages : 0

Get Book

Book Description
Applying much needed legal and social sciences perspectives, the book provides in depth analyses of lessons learned and remaining challenges associated with making the Ecosystem Approach fully relevant and operational in various fields of marine governance.

International Environmental Law, Policy, and Ethics

International Environmental Law, Policy, and Ethics PDF Author: Alexander Gillespie
Publisher: OUP Oxford
ISBN: 0191022470
Category : Law
Languages : en
Pages : 278

Get Book

Book Description
This second edition of International Environmental Law, Policy, and Ethics revises and expands this groundbreaking study into the question of why the environment is protected in the international arena. This question is rarely asked because it is assumed that each member of the international community wants to achieve the same ends. However, in his innovative study of international environmental ethics, Alexander Gillespie explodes this myth. He shows how nations, like individuals, create environmental laws and policies which are continually inviting failure, as such laws can often be riddled with inconsistencies, and be ultimately contradictory in purpose. Specifically, he seeks a nexus between the reasons why nations protect the environment, how these reasons are reflected in law and policy, and what complications arise from these choices. This book takes account of the numerous developments in international environmental law and policy that have taken place the publication of the first edition, most notably at the 2002 World Summit on Sustainable Development and the 2012 'Rio + 20' United Nations Conference on Sustainable Development. Furthermore, it addresses recent debates on the economic value of nature, and the problems of the illegal trade in species and toxic waste. The cultural context has also been considerably advanced in the areas of both intangible and tangible heritage, with increasing attention being given to conservation, wildlife management, and the notion of protected areas. The book investigates the ways in which progress has been made regarding humane trapping and killing of animals, and how, in contrast, the Great Apes initiative, and similar work with whales, have failed. Finally, the book addresses the fact that while the notion of ecosystem management has been embraced by a number of environmental regimes, it has thus far failed as an international philosophy.

An Ecological Approach to International Law

An Ecological Approach to International Law PDF Author: Prue Taylor
Publisher: Routledge
ISBN: 1134715862
Category : Science
Languages : en
Pages : 464

Get Book

Book Description
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.

Environmental Law, Disrupted

Environmental Law, Disrupted PDF Author: KEITH. OWLEY HIROKAWA (JESSICA.)
Publisher:
ISBN: 9781585762354
Category :
Languages : en
Pages : 336

Get Book

Book Description
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.

An Ecological Approach to Environmental Law

An Ecological Approach to Environmental Law PDF Author: Jennifer Caldwell
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 180

Get Book

Book Description