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This research collection offers a comprehensive investigation into
ecological approaches into environmental law. It brings together a
kaleidoscope of different articles to examine the critique of
environmental law, the ethical dimensions, and methodology before
exploring the key issues focusing on rights and responsibilities,
property and the commons, governance and constitutionalism. It also
presents work that looks into the theory of Earth Jurisprudence.
Together with an original introduction, this collection is an
indispensable reference for anyone interested in ecological
approaches to environmental law.36 articles, dating from 1949 to
2015 Contributors include: D. Boyd, A. Boyle, C. Cullinan, S.
Gaines, L. Kotze, R. Lazarus, A. Leopold, H. Rolston II, M. Sagoff,
C. Stone
This book investigates how sustainability informs the universal
principles used in domestic and international law. It calls for the
acceptance of sustainability as a recognized legal principle which
could be applied to the entire legal system rather than just
environmental law and regardless of its international or domestic
levels. To this end, the book makes a contribution to a theory of
global law by discussing whether, as a universally shared concern,
environmental protection and the principle of sustainability should
contribute to the 'greening' of the fundamental principles of law
and governance. The book will be a valuable resource for students,
researchers and policy makers working in the areas of environmental
law and governance.
'The ecological challenge demands a paradigm shift in our thinking
about the human-environment relation. Reconciling Human Existence
with Ecological Integrity provides a 'state of the art account of
work on ecological integrity - and offers a compelling vision for
the future. Derek Bell, Senior Lecturer at the School of Geography,
Politics and Sociology, University of Newcastle A book of vast
scope and richness ... If policymakers around the world took notice
of this insightful set of messages, we would all live with greater
happiness, health, and wellbeing, with a brighter future for our
children and grandchildren. Lawrence O. Gostin, O'Neill Professor
of Global Health Law, Georgetown University Law Center This book
attempts to do in theory what the world needs to do in practice. It
is an ecological master plan that shows how we can not only survive
but also flourish. James P. Sterba, President of the American
Philosophical Association, Central Division Ecosystems have been
compared to a house of cards: remove or damage a part and you risk
destroying or fundamentally and irreversibly altering the whole.
Protecting ecological integrity means maintaining that whole - an
aim which is increasingly difficult to achieve given the
ever-growing dominance of humanity. This book is the definitive
examination of the state of the field now, and the way things may
(and must) develop in the future. Written and edited by members of
the Global Ecological Integrity Group - an international collection
of the worlds most respected authorities in the area - the book
considers the extent to which human rights (such as the rights to
food, energy, health, clean air or water) can be reconciled with
the principles of ecological integrity. The issue is approached
from a variety of economic, legal, ethical and ecological
standpoints, providing an essential resource for researchers,
students and those in government or business in a wide range of
disciplines.
Written by one of the most prolific and provocative thinkers of our
time, Klaus Bosselmann's latest book is set to reaffirm his rank
among the leading environmental law scholars in the world.
Bosselmann cogently argues that we live in deeply troubling times,
characterized as they are by unprecedented socio-ecological
upheaval. His vision is of a global governance order that is
centred on the Earth as an integrated whole and that seeks to
protect the Earth's ecological integrity, especially insofar as the
global commons are concerned. This book is an original, timely and
very welcome (juridical) addition to the growing body of Earth
system governance literature.' - Louis J. Kotze, North-West
University, South Africa, University of Lincoln, UK and
Deputy-Director of the Global Network for the Study of Human Rights
and the Environment'Klaus Bosselmann provides a subtle and
masterful overview of the limits of contemporary law and
nation-state governance in solving our planetary ecological
catastrophes. Even better, he offers a range of practical and
attractive alternatives, most notably the commons and new forms of
trusteeship. We must promptly adopt these new/old legal forms in
order to overcome compulsive economic growth and the delusions of
national sovereignty, and to honor our actual dependence on the
more-than-human world. This book points the way forward.' - David
Bollier, author of Think Like a Commoner and cofounder of the
Commons Strategies Group 'This book takes a fresh look at
governance of the environment, from the long-neglected perspective
of international trusteeship: What if sovereign states were not the
legal 'owners' of our planet's common natural resources, but mere
'trustees' on behalf of people (present and future) as the ultimate
beneficiaries? Thoroughly documented and brilliantly pleaded,
Bosselmann's work opens a whole new research agenda on how to hold
governments and international organizations accountable to citizens
in an age of global environmental democracy.' - Peter H. Sand,
University of Munich, Germany The predicament of uncontrolled
growth in a finite world puts the global commons - such as oceans,
atmosphere, and biosphere - at risk. So far, states have not found
the means to protect what, essentially, is outside their
jurisdiction. However, the jurisprudence of international law has
matured to a point that makes global governance beyond
state-negotiated compromises both possible and desirable. This book
makes an ambitious, yet well-researched and convincing, case for
trusteeship governance. Earth Governance shows how the United
Nations, together with states, can draw from their own traditions
to develop new, effective regimes of environmental trusteeship.
Klaus Bosselmann argues that the integrity of the earth's
ecological system depends on institutional reform, and that only an
ethic of stewardship and trusteeship will create the institutions,
laws and policies powerful enough to reclaim and protect the global
commons. This comprehensive exploration of environmental governance
will appeal to scholars and students of environmental law, and
international law and relations, as well as to UN and government
officials and policymakers.
This thought-provoking book stimulates dialogue and action on the
role of global ethics in the governance of both individual
societies and the international order. Such inquiry is imperative
given the extraordinary challenges that face the world today.
Calling for a renewed discussion on global ethics, this unique book
responds to two seminal texts on global ethics and the promise of
the Earth Charter written by J. Ronald Engel whose pioneering work
continues to influence the debate over democracy's place in the
Anthropocene. It aims to inspire an active movement that can
reclaim the moral high ground and motivate the vision of a just,
sustainable future. Leading figures in environmental ethics,
philosophy and law approach questions surrounding global ethics and
governance from a range of cultural and philosophical perspectives.
Emphasis is placed on the role that ''declarations'' such as the
Earth Charter can play in this work, alongside the importance of
deepening global dialogues. The Crisis in Global Ethics and the
Future of Global Governance will appeal to students and academics
working in the fields of law, philosophy and the social sciences,
as well as community groups endorsing the Earth Charter and global
initiatives.
This book investigates how sustainability informs key principles
and concepts of domestic and international law. It calls for the
recognition of ecological sustainability as a fundamental principle
to guide the entire legal system rather than just environmental
legislation. To this end, the book makes a contribution to global
environmental constitutionalism, a rapidly growing area within
comparative and international environmental law and constitutional
law. This 2nd edition has been fully revised and updated to take
account of recent developments and new case law. The book will be a
valuable resource for students, researchers and policy makers
working in the areas of environmental law and governance.
'The ecological challenge demands a paradigm shift in our thinking
about the human-environment relation. Reconciling Human Existence
with Ecological Integrity provides a state of the art account of
work on ecological integrity - and offers a compelling vision for
the future. Derek Bell, Senior Lecturer at the School of Geography,
Politics and Sociology, University of Newcastle A book of vast
scope and richness ... If policymakers around the world took notice
of this insightful set of messages, we would all live with greater
happiness, health, and wellbeing, with a brighter future for our
children and grandchildren. Lawrence O. Gostin, O Neill Professor
of Global Health Law, Georgetown University Law Center This book
attempts to do in theory what the world needs to do in practice. It
is an ecological master plan that shows how we can not only survive
but also flourish. James P. Sterba, President of the American
Philosophical Association, Central Division Ecosystems have been
compared to a house of cards: remove or damage a part and you risk
destroying or fundamentally and irreversibly altering the whole.
Protecting ecological integrity means maintaining that whole - an
aim which is increasingly difficult to achieve given the
ever-growing dominance of humanity. This book is the definitive
examination of the state of the field now, and the way things may
(and must) develop in the future. Written and edited by members of
the Global Ecological Integrity Group - an international collection
of the world s most respected authorities in the area - the book
considers the extent to which human rights (such as the rights to
food, energy, health, clean air or water) can be reconciled with
the principles of ecological integrity. The issue is approached
from a variety of economic, legal, ethical and ecological
standpoints, providing an essential resource for researchers,
students and those in government or business in a wide range of
disciplines."
Ecological integrity is concerned with protecting the planet in a
holistic way, while respecting ethics and human rights. Over recent
years it has been introduced directly and indirectly in several
legal regimes, culminating in international law with the 2016
expanded remit of the International Criminal Court, which now
includes "environmental disasters". This book celebrates the 25th
anniversary of the Global Ecological Integrity Group (GEIG), which
includes more than 250 scholars and independent researchers
worldwide, from diverse disciplines, including ecology, biology,
philosophy, epidemiology, public health, ecological economics, and
international law. It reviews the role of ecological integrity
across a number of fields through inter- and trans-disciplinary
engagement on matters affecting and governing the sustainability of
life for both present and future generations. These include,
ethics, environmental disasters, crimes against humanity and
environmental health, and how such issues can be subject to sound
governance and be incorporated into international law. The book
also looks forward to new applications of the concept of ecological
integrity, such as crimes that result in the exploitation of
natural resources and the illegal dispossession of land.
Ecological integrity is concerned with protecting the planet in a
holistic way, while respecting ethics and human rights. Over recent
years it has been introduced directly and indirectly in several
legal regimes, culminating in international law with the 2016
expanded remit of the International Criminal Court, which now
includes "environmental disasters". This book celebrates the 25th
anniversary of the Global Ecological Integrity Group (GEIG), which
includes more than 250 scholars and independent researchers
worldwide, from diverse disciplines, including ecology, biology,
philosophy, epidemiology, public health, ecological economics, and
international law. It reviews the role of ecological integrity
across a number of fields through inter- and trans-disciplinary
engagement on matters affecting and governing the sustainability of
life for both present and future generations. These include,
ethics, environmental disasters, crimes against humanity and
environmental health, and how such issues can be subject to sound
governance and be incorporated into international law. The book
also looks forward to new applications of the concept of ecological
integrity, such as crimes that result in the exploitation of
natural resources and the illegal dispossession of land.
This book investigates how sustainability informs key principles
and concepts of domestic and international law. It calls for the
recognition of ecological sustainability as a fundamental principle
to guide the entire legal system rather than just environmental
legislation. To this end, the book makes a contribution to global
environmental constitutionalism, a rapidly growing area within
comparative and international environmental law and constitutional
law. This 2nd edition has been fully revised and updated to take
account of recent developments and new case law. The book will be a
valuable resource for students, researchers and policy makers
working in the areas of environmental law and governance.
This book offers recent insights into some of the burning issues of
our times: climate change, exposure to chemicals, refugee issues
and the ecological harm that accompanies conflict situations. It
brings together a group of pioneering scholars, mostly legal
experts but also thinkers from various scientific disciplines, to
discuss concerns from around the globe - from Australia and New
Zealand, to Canada and the United States, European countries
including Germany, Italy, Britain and the Czech Republic, as well
as the African continent. Presenting the latest climate and
ecology-related case law, as well as analyses of the conceptual
issues that underlie international problems, it covers the
extinction of species, the basic role of women and Indigenous
peoples in protecting the environment, the failure of today's
states to protect the human right to a safe environment and public
health, the harm arising from industrial food production, and the
problems resulting from a growth-oriented economy. Lastly, the book
examines various international legal principles and regulations
that have been proposed to defend global ecological rights.
This book offers recent insights into some of the burning issues of
our times: climate change, exposure to chemicals, refugee issues
and the ecological harm that accompanies conflict situations. It
brings together a group of pioneering scholars, mostly legal
experts but also thinkers from various scientific disciplines, to
discuss concerns from around the globe - from Australia and New
Zealand, to Canada and the United States, European countries
including Germany, Italy, Britain and the Czech Republic, as well
as the African continent. Presenting the latest climate and
ecology-related case law, as well as analyses of the conceptual
issues that underlie international problems, it covers the
extinction of species, the basic role of women and Indigenous
peoples in protecting the environment, the failure of today's
states to protect the human right to a safe environment and public
health, the harm arising from industrial food production, and the
problems resulting from a growth-oriented economy. Lastly, the book
examines various international legal principles and regulations
that have been proposed to defend global ecological rights.
The Law and Politics of Sustainability explores efforts made to
address pressing environmental concerns through legislation,
conventions, directives, treaties, and protocols. Articles explain
the mechanics of environmental law, the concepts that shape
sustainable development, case studies and rulings that have set
precedents, approaches to sustainable development taken by legal
systems around the world, and more. Experts and scholars in the
field raise provocative questions about the effectiveness of
international law versus national law in protecting the
environment, and about the effect of current laws on future
generations. They analyze the successes and shortcomings of present
legal instruments, corporate and public policies, social movements,
and conceptual strategies, offering readers a preview of the steps
necessary to develop laws and policies that will promote genuine
sustainability.
As global warming, famine, and environmental catastrophes have
become daily news items, achieving a sustainable environment to
maintain the future of life on Earth has become a global concern.
Sustaining Life on Earth is an important contribution toward
assessing such problems and making the Earth hospitable to life for
generations to come. With an interdisciplinary team of
international scholars, this masterfully edited collection
approaches the problems facing sustainability from a perspective of
global governance. To date, powerful economic forces have misguided
decision-making processes in favor of short-term gain rather than
long-term sustainability. As global awareness has increased and
individual citizens have begun to alter their lifestyles to be more
environmentally conscious, it is also necessary for governing
bodies to take these concerns seriously. Sustaining Life on Earth
makes the case that, for all the recent neo-liberal emphasis on the
autonomous individual, humanity has collective problems, and it is
only through collective action that solutions will be found. It
shows that the global community is beginning to acknowledge the
interdependencies among population, affluence, and technology. In
the book, analysts from many disciplines advance solutions that
could shift us away from growth-bound status quo development
approaches toward more ecologically responsible and socially
equitable ways of living. They suggest ways to move forward that
would ensure health and well-being for all in both present and
future generations. While success necessarily entails many changes
at all levels, the book highlights one soft-law instrument that
reflects many of the values and principles necessary to set
humanity onto a sustainable path: The Earth Charter of 2002.
Sustaining Life on Earth is a ground-breaking contribution to the
burgeoning study of sustainability. Designed for a general
non-specialist readership in the first year of university or
beyond, this book will be of interest to anyone concerned with the
impacts of global change on human well-being and the ecosphere,
including people in environmental NGOs and those working in public
policy.
Democracy, Ecological Integrity and International Law is the latest
product of research by the Global Ecological Integrity Group
(www.globalecointegrity.net), an organisation that has been meeting
annually since 1992 to discuss scientific, philosophical, political
and legal aspects of ecological integrity.This collection examines
various aspects of governance from the standpoint of integrity:
from democracy, to forms of Native governance, from globalization
and neocolonialism to specific human rights to food, water and
climate.
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