Transnational Environmental Law in the Anthropocene

Transnational Environmental Law in the Anthropocene PDF 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.

Transnational Environmental Law in the Anthropocene

Transnational Environmental Law in the Anthropocene PDF 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.

Charting Environmental Law Futures in the Anthropocene

Charting Environmental Law Futures in the Anthropocene PDF 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.

Global Environmental Constitutionalism in the Anthropocene

Global Environmental Constitutionalism in the Anthropocene PDF 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.

From Environmental to Ecological Law

From Environmental to Ecological Law PDF 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.

Earth System Law: Standing on the Precipice of the Anthropocene

Earth System Law: Standing on the Precipice of the Anthropocene PDF 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.

International Environmental Law and the Global South

International Environmental Law and the Global South PDF Author: Shawkat Alam
Publisher: Cambridge University Press
ISBN: 1107055695
Category : Law
Languages : en
Pages : 657

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Book Description
Situating the global poverty divide as an outgrowth of European imperialism, this book investigates current global divisions on environmental policy.

Global Environmental Constitutionalism

Global Environmental Constitutionalism PDF Author: James R. May
Publisher: Cambridge University Press
ISBN: 1107022258
Category : Business & Economics
Languages : en
Pages : 427

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Book Description
Reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water, and land and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights, and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.

Our Earth Matters

Our Earth Matters PDF Author: B.H. Desai
Publisher: IOS Press
ISBN: 1643681796
Category : Science
Languages : en
Pages : 244

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Book Description
On 21 May 2019, it was officially recognized that we are now living in the Anthropocene, our earth’s latest geological epoch, named for the 'unmistakable imprint of human activities'. This announcement came almost 60 years after the publication of Rachel Carson’s landmark work of environmental writing, Silent Spring, and next year (2022) it will be 50 years since the first UN Conference on the Human Environment, held in Stockholm in June 1972. This book, Our Earth Matters: Pathways to a Better Common Environmental Future, is a special issue of the journal Environmental Policy and Law, which was first published in 1975. It presents 21 invited contributions by outstanding scholars from around the world, which examine existing global regulatory approaches, processes, instruments and institutions for the protection of the global environment. The articles are grouped under four headings: Prognoses, Processes, Problematique and Prospects, and in them the authors have sought to explore answers to the existential environmental crisis. They urge us to ponder our reckless destruction of natural spaces, endangering of plant and animal species, poisoning of the environment, and general disturbance of our essential ecological processes. The primary objective of the book is to raise the awareness of the global audience by inspiring scholars and decision-makers to re-examine current global approaches to environmental issues and explore the future trajectory with new ideas and frameworks for international environmental governance in the 21st century and beyond. The book will be of interest to all those working to secure the sustainable future of the human race on our only abode, planet Earth. Bharat H. Desai is Professor of International Law and Jawaharlal Nehru Chair in International Environmental Law, Centre for International Legal Studies, School of International Studies, Jawaharlal Nehru University, New Delhi; Editor-in-Chief of the journal Environmental Policy & Law (Amsterdam: IOS Press) and of the Yearbook of International Environmental Law (Oxford: OUP).

Perspectives on Environmental Law Scholarship

Perspectives on Environmental Law Scholarship PDF Author: Ole W. Pedersen
Publisher: Cambridge University Press
ISBN: 1108475248
Category : Law
Languages : en
Pages : 255

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Book Description
Presents the first comprehensive reflection on the nature of environmental law scholarship from the perspectives of leading scholars in the field.

The Ecological Constitution

The Ecological Constitution PDF Author: Lynda Collins
Publisher: Routledge
ISBN: 1000418316
Category : Law
Languages : en
Pages : 114

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Book Description
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.