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Across the world, millions of people are taking to the streets
demanding urgent action on climate breakdown and other
environmental emergencies. Extinction Rebellion, Fridays for Future
and Climate Strikes are part of a new lexicon of environmental
protest advocating civil disobedience to leverage change. This
groundbreaking book -- also a Special Issue of the Journal of Human
Rights and the Environment -- critically unveils the legal and
political context of this new wave of eco-activisms. It illustrates
how the practise of dissent builds on a long tradition of
grassroots activism, such as the Anti-Nuclear movement, but brings
into focus new participants, such as school children, and new
distinctive aesthetic tactics, such as the mass 'die-ins' and
'discobedience' theatrics in public spaces. Expert international
authors offer fresh insights into the strategies and goals of these
protest movements, the changing vocabulary of environmental
activism, such as the 'climate emergency', and the contribution of
specific protest actors, particularly youth and Indigenous peoples.
They also consider how some governments have responded to these
actions with draconian anti-protest legislation, and by using the
Covid-19 pandemic as cover to keep protesters off the streets. The
scholarly analyses are complemented with first-hand interviews of
some leading protagonists, including Extinction Rebellion leaders
and Green Party politicians. The result is an unrivalled analysis
of the role of new environmental protest movements seeking to drive
a new generation of policies and laws for climate action and social
justice. This impressive book will prove an important and
insightful read for students and scholars interested in
environmental law, climate law, and grass roots activism
specifically.
This landmark book unveils the history of defending Australia’s
natural environment and examines the subject’s legal and
political contexts from the birth of the nation in 1901 until the
advent of the so-called modern era of environmental regulation in
the late 1960s. It rejects the mythology that Australia lacked
environmental law before the late 1960s in revealing how many of
today’s environmental laws, from pollution control to nature
conservation, emerged from precedents or events much earlier in the
20th century. This history however reveals a discrepancy between
lawmakers’ greater efficacy to exploit rather than protect the
environment, a discrepancy that grew as nature’s backlash
intensified in a rapidly degrading continent colonised to build the
Australian nation. In exploring these dynamics, the book offers a
rich tapestry of case studies illustrated with historic photographs
that show the origins of Australia’s environmental laws and how
they borrowed from international precedents or furnished lessons
for other nations. Through its multi-disciplinary enquiry, the book
offers scholars and students of environmental law, legal history
and the environmental humanities a unique story about the failures
and successes in the making of environmental law.
Ecological restoration is as essential as sustainable development
for the health of the biosphere. Restoration, however, has been a
low priority of most countries' environmental laws, which tend to
focus narrowly on rehabilitation of small, discrete sites rather
than the more ambitious recovery of entire ecosystems and
landscapes. Through critical theoretical perspectives and topical
case studies, this book's diverse contributors explore a more
ambitious agenda for ecological restoration law. Not only do they
investigate current laws and other governance mechanisms; they also
consider the philosophical and methodological bases for the law to
take ecological restoration more seriously. Through exploration of
themes relating to time, space, geography, semiotics, social
justice, and scientific knowledge, this book offers innovative and
critical insights into ecological restoration law.
Ecological restoration is as essential as sustainable development
for the health of the biosphere. Restoration, however, has been a
low priority of most countries' environmental laws, which tend to
focus narrowly on rehabilitation of small, discrete sites rather
than the more ambitious recovery of entire ecosystems and
landscapes. Through critical theoretical perspectives and topical
case studies, this book's diverse contributors explore a more
ambitious agenda for ecological restoration law. Not only do they
investigate current laws and other governance mechanisms; they also
consider the philosophical and methodological bases for the law to
take ecological restoration more seriously. Through exploration of
themes relating to time, space, geography, semiotics, social
justice, and scientific knowledge, this book offers innovative and
critical insights into ecological restoration law.
'This book is a useful addition to our literature on climate change
law, with its focus on climate change at the local level. It
examines how local governments, municipalities and city authorities
address climate change through law and policy, and the
problems/constraints faced in mitigation and adaptation at the
local level. The 15 contributors have thoughtfully and critically
analysed the issues from intellectual as well as practical
perspectives, drawing on the experiences of North America as well
as the EU, China, Australia and South Africa. The reader is left
with deeper insights and suggestions for the way forward.' - Irene
Lin Heng Lye, National University of Singapore 'This volume offers
a thorough exploration of the challenges and opportunities for
local governments in many parts of the world to mitigate and adapt
to climate change.' - Laura Watchmann, LEED AP-ND, Executive
Director, NALGEP 'As the international climate consensus is fading,
the focus has shifted from the global to the local. This book is
timely and ground-breaking as it frames a new subject of legal
study and proves the dramatic surge of local climate action. A
must-read.' - Klaus Bosselmann, University of Auckland, New Zealand
Local Climate Change Law examines the role of local government,
especially within cities, in addressing climate change through
legal, policy, planning and other tools. This timely study offers a
multi-jurisdictional perspective, featuring international
contributors who examine both theoretical and practical dimensions
of how localities are addressing climate mitigation and adaptation
in Australia, Canada, China, Europe, South Africa and the United
States, as well as considering the place of localities in global
climate law agreements and transnational networks. Written from a
multi-disciplinary perspective, this book will appeal to academics,
post graduate and undergraduate students in law and political
science, local and national government policy makers and
politicians, as well as practising local government lawyers. Anyone
with a general interest in environmental issues will also find much
to interest them in this insightful study. Contributors: M. Doelle,
A. du Plessis, L. Godden, J. Lin, J. Moore, K.B. Munroe, H.M.
Osofsky, S. Pasternack, M. Peeters, M. Powers, B.J. Richardson, E.
Schwartz, S. Theriault, K. Thompson, S. Wood
This book is about fiduciary law's influence on the financial
economy's environmental performance, focusing on how the law
affects responsible investing and considering possible legal
reforms to shift financial markets closer towards sustainability.
Fiduciary law governs how trustees, fund managers or other
custodians administer the investment portfolios owned by
beneficiaries. Written for a diverse audience, not just legal
scholars, the book examines in a multi-jurisdictional context an
array of philosophical, institutional and economic issues that have
shaped the movement for responsible investing and its legal
framework. Fiduciary law has acquired greater influence in the
financial economy in tandem with the extraordinary recent growth of
institutional funds such as pension plans and insurance company
portfolios. While the fiduciary prejudice against responsible
investing has somewhat waned in recent years, owing mainly to
reinterpretations of fiduciary and trust law, significant barriers
remain. This book advances the notion of 'nature's trust' to
metaphorically signal how fiduciary responsibility should
accommodate society's dependence on long-term environmental
well-being. Financial institutions, managing vast investment
portfolios on behalf of millions of beneficiaries, should manage
those investments with regard to the broader social interest in
sustaining ecological health. Even for their own financial
self-interest, investors over the long-term should benefit from
maintaining nature's capital. We should expect everyone to act in
nature's trust, from individual funds to market regulators. The
ancient public trust doctrine could be refashioned for stimulating
this change, and sovereign wealth funds should take the lead in
pioneering best practices for environmentally responsible
investing.
This timely book examines the legal and policy challenges in
international, regional and national settings, faced by developing
countries in mitigating and adapting to climate change. With
contributions from over 20 international scholars from developing
and developed countries, the book tackles both long-standing
concerns and current controversies. It considers the positions of
developing countries in the negotiation of a new international
legal regime to replace the Kyoto Protocol and canvasses various
domestic issues, including implementation of CDM projects,
governance of adaptation measures and regulation of the biofuels
industry. Through a unique focus on the developing world, this book
makes a significant contribution to understanding current
challenges and future directions of climate law. It will prove a
stimulating read for legal academics, undergraduate and graduate
law students as well as policymakers interested in the role of
developing countries in climate change law. The book originates
from an international conference on Climate Law in Developing
Countries Post-2012, co-sponsored by the IUCN Academy of
Environmental Law, the University of Ottawa Faculty of Law and
Osgoode Hall Law School. The book is part of the ongoing mandate of
the IUCN Academy of Environmental Law to generate collaborative
research on the most pressing issues in environmental law.
Environmental Regulation through Financial Organisations examines
in the industrialised nations the emerging role of banks, insurers
and institutional investors as organisations for articulating and
strengthening environmental law and policy. Taking a comparative
perspective of practice in the European Union, North America, Japan
and Australia, the book argues that existing legal reforms to
promote sustainable development are unlikely to be successful
unless environmental policy can be diffused and embedded in the
financial services sector. This sector plays a crucial role in
creating the financial conditions that allow much economic
development to proceed. Financial markets are already highly
regulated in pursuance of various public policy objectives, and
there is scope to adapt existing regulation to incorporate
environmental aspects into the financial services sector. In terms
of specific reforms, the book focuses on the role of corporate
environmental reporting, economic instruments and liability rules
to provide a proper context for engaging financial organisations
with the environment, as well as reforms to the system of
prudential regulation that currently governs this sector. Beyond
the focus on the financial services sector, the book raises complex
questions regarding the relationship between the state and market
institutions in environmental policy, and will appeal to scholars
from a wide range of disciplines interested in problems of
environmental governance.
This timely book examines the legal and policy challenges in
international, regional and national settings, faced by developing
countries in mitigating and adapting to climate change. With
contributions from over 20 international scholars from developing
and developed countries, the book tackles both long-standing
concerns and current controversies. It considers the positions of
developing countries in the negotiation of a new international
legal regime to replace the Kyoto Protocol and canvasses various
domestic issues, including implementation of CDM projects,
governance of adaptation measures and regulation of the biofuels
industry. Through a unique focus on the developing world, this book
makes a significant contribution to understanding current
challenges and future directions of climate law. It will prove a
stimulating read for legal academics, undergraduate and graduate
law students as well as policymakers interested in the role of
developing countries in climate change law. The book originates
from an international conference on Climate Law in Developing
Countries Post-2012, co-sponsored by the IUCN Academy of
Environmental Law, the University of Ottawa Faculty of Law and
Osgoode Hall Law School. The book is part of the ongoing mandate of
the IUCN Academy of Environmental Law to generate collaborative
research on the most pressing issues in environmental law.
This investigation of the barriers to and opportunities for
promoting environmental sustainability in company law provides an
in-depth comparative analysis of company law regimes across the
world. The social norm of shareholder primacy is the greatest
barrier preventing progress, and it also helps explain why
voluntary action by companies and investors is insufficient. By
deconstructing the myth that shareholder primacy has a legal basis
and challenging the economic postulates on which mainstream
corporate governance debate is based, Company Law and
Sustainability reveals a surprisingly large unexplored potential
within current company law regimes for companies to reorient
themselves towards sustainability. It also suggests possible
methods of reforming the existing legal infrastructure for
companies and provides an important contribution to the broader
debate on how to achieve sustainability.
This book is about fiduciary law's influence on the financial
economy's environmental performance, focusing on how the law
affects responsible investing and considering possible legal
reforms to shift financial markets closer towards sustainability.
Fiduciary law governs how trustees, fund managers or other
custodians administer the investment portfolios owned by
beneficiaries. Written for a diverse audience, not just legal
scholars, the book examines in a multi-jurisdictional context an
array of philosophical, institutional and economic issues that have
shaped the movement for responsible investing and its legal
framework. Fiduciary law has acquired greater influence in the
financial economy in tandem with the extraordinary recent growth of
institutional funds such as pension plans and insurance company
portfolios. While the fiduciary prejudice against responsible
investing has somewhat waned in recent years, owing mainly to
reinterpretations of fiduciary and trust law, significant barriers
remain. This book advances the notion of 'nature's trust' to
metaphorically signal how fiduciary responsibility should
accommodate society's dependence on long-term environmental
well-being. Financial institutions, managing vast investment
portfolios on behalf of millions of beneficiaries, should manage
those investments with regard to the broader social interest in
sustaining ecological health. Even for their own financial
self-interest, investors over the long-term should benefit from
maintaining nature's capital. We should expect everyone to act in
nature's trust, from individual funds to market regulators. The
ancient public trust doctrine could be refashioned for stimulating
this change, and sovereign wealth funds should take the lead in
pioneering best practices for environmentally responsible
investing.
Indigenous Peoples and the Law provides an historical, comparative
and contextual analysis of various legal and policy issues
affecting Indigenous peoples. It focuses on the common law
jurisdictions of Australia, Canada, New Zealand and the United
States, as well as relevant international law developments. Edited
by Benjamin J Richardson, Shin Imai, and Kent McNeil, this
collection of new essays features 13 contributors including many
Indigenous scholars, drawn from around the world. The book provides
a pithy overview of the subject-matter, enabling readers to
appreciate the seminal issues, precedents and international legal
trends of most concern to Indigenous peoples. The first half of
Indigenous Peoples and the Law takes an historical perspective of
the principal jurisdictions, canvassing, in particular, themes of
Indigenous sovereignty, status and identity, and the movement for
Indigenous self-determination. It also examines these issues in an
international context, including the Inter-American human rights
regime and the 2007 UN Declaration on the Rights of Indigenous
Peoples. The second part of the book canvasses some contemporary
issues and claims of Indigenous peoples, including land rights,
mobility rights, community self-governance, environmental
governance, alternative dispute resolution processes, the legal
status of Aboriginal women and the place of Indigenous legal
traditions and legal theory. Although an introductory volume
designed primarily for readers without advanced understanding of
Indigenous legal issues, Indigenous Peoples and the Law should also
appeal to seasoned scholars, policy-makers, lawyers and others who
are knowledgeable of such issues in their own jurisdiction and wish
to learn more about developments in other places.
Environmental law has aesthetic dimensions. Aesthetic values have
shaped the making of environmental law, and in turn such law
governs many of our nature-based sensory experiences. Aesthetics is
also integral to understanding the very fabric of environmental
law, in its institutions, procedures and discourses. The Art of
Environmental Law, the first book of its kind, brings new insights
into the importance of aesthetic issues in a variety of domains of
environmental governance around the world, from climate change to
biodiversity conservation. It also argues for aesthetics, and
relatedly the arts, to be taken more seriously in the practice of
environmental law so as to improve our emotional and ethical
capacities to address the upheavals of the Anthropocene.
Disciplined by industrial clock time, modern life distances people
from nature's biorhythms such as its ecological, evolutionary, and
climatic processes. The law is complicit in numerous ways. It
compresses time through 'fast-track' legislation and accelerated
resource exploitation. It suffers from temporal inertia, such as
'grandfathering' existing activities that limits the law's
responsiveness to changing circumstances. Insouciance about past
ecological damage, and neglect of its restoration, are equally
serious temporal flaws: we cannot live sustainably while Earth
remains degraded and unrepaired. Applying international and
interdisciplinary perspectives on these issues, Time and
Environmental Law explores how to align law with the ecological
'timescape' and enable humankind to 'tell nature's time'. Lending
insight into environmental behaviour and impacts, this book
pioneers a new understanding of environmental law for all
societies, and makes recommendations for its reform. Minding
nature, not the clock, requires regenerating Earth, adapting to its
changes, and living more slowly.
Environmental law has aesthetic dimensions. Aesthetic values have
shaped the making of environmental law, and in turn such law
governs many of our nature-based sensory experiences. Aesthetics is
also integral to understanding the very fabric of environmental
law, in its institutions, procedures and discourses. The Art of
Environmental Law, the first book of its kind, brings new insights
into the importance of aesthetic issues in a variety of domains of
environmental governance around the world, from climate change to
biodiversity conservation. It also argues for aesthetics, and
relatedly the arts, to be taken more seriously in the practice of
environmental law so as to improve our emotional and ethical
capacities to address the upheavals of the Anthropocene.
Disciplined by industrial clock time, modern life distances people
from nature's biorhythms such as its ecological, evolutionary, and
climatic processes. The law is complicit in numerous ways. It
compresses time through 'fast-track' legislation and accelerated
resource exploitation. It suffers from temporal inertia, such as
'grandfathering' existing activities that limits the law's
responsiveness to changing circumstances. Insouciance about past
ecological damage, and neglect of its restoration, are equally
serious temporal flaws: we cannot live sustainably while Earth
remains degraded and unrepaired. Applying international and
interdisciplinary perspectives on these issues, Time and
Environmental Law explores how to align law with the ecological
'timescape' and enable humankind to 'tell nature's time'. Lending
insight into environmental behaviour and impacts, this book
pioneers a new understanding of environmental law for all
societies, and makes recommendations for its reform. Minding
nature, not the clock, requires regenerating Earth, adapting to its
changes, and living more slowly.
This volume of new essays presents critical new scholarship on law
for sustainable development. Its contributors provide international
and comparative perspectives on the current state of environmental
law and its future directions. Aimed at both students and scholars
in law and other social sciences, it goes beyond conventional
descriptions of environmental law and policy to a theoretical and
interdisciplinary analysis of the role of law in sustainable
development. Starting from the premise that ecological
sustainability requires environmental law systems to be sensitive
to a wide array of institutional, social and economic issues and to
emerging forms of environmental governance beyond conventional
legal regulation, the book explores: future directions in command
regulation; changing forms of public administration; risk
assessment and precautionary regulation; ecological justice; public
participation in environmental decision-making; indigenous peoples
and the environment; industry self-regulation; economic
instruments; sustainable finance; the state of international
environmental law; and environmental law in developing countries.
Contributors include Carolyn Abbot (Manchester), Klaus Bosselmann
(Auckland), David Driesen (Syracuse), Steve Dovers (ANU), Jaye
Ellis (McGill), Elizabeth Fisher (Oxford), Benjamin Richardson
(Osgoode) and Stepan Wood (Osgoode).
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