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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. The expert contributors investigate the current
and potential role of law in relation to the complex task and
regulatory challenges of governing the Earth system. They explore
three thematic areas: the overarching legal, ethical and governance
dimensions of the planetary boundaries; their diverse international
law dimensions and the challenges they raise for international law;
and the extent to which the law already provides for some of the
aspects illuminated by each planetary boundary, alongside
opportunities for legal reform. Lawyers, Earth system scientists
and governance experts will benefit from the mapping of the next
stage of international environmental law included in the chapters.
The book will also be a key resource for regulators, legislators
and policy-makers looking for an in-depth study of the relationship
between law and each of the nine planetary boundaries.
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. The expert contributors investigate the current
and potential role of law in relation to the complex task and
regulatory challenges of governing the Earth system. They explore
three thematic areas: the overarching legal, ethical and governance
dimensions of the planetary boundaries; their diverse international
law dimensions and the challenges they raise for international law;
and the extent to which the law already provides for some of the
aspects illuminated by each planetary boundary, alongside
opportunities for legal reform. Lawyers, Earth system scientists
and governance experts will benefit from the mapping of the next
stage of international environmental law included in the chapters.
The book will also be a key resource for regulators, legislators
and policy-makers looking for an in-depth study of the relationship
between law and each of the nine planetary boundaries.
'In summary, the book provides an interesting mix of energy topics
and perspectives that appears somewhat eclectic at first glance. .
. . the book is a very useful and scholarly addition to the
literature on energy governance and is recommended reading for all
those who need to be better informed on the challenges and some of
the solutions available at the current time.' - David Grinlinton,
Journal of Energy & Natural Resources Law This timely book
makes an original and in-depth contribution to the debate about how
to transform our energy governance systems into ones that support a
fair, safe and sustainable society. It combines perspectives from
leading scholars to provide a global outlook on alternative
approaches to energy governance and innovative experiences. Taken
as a whole, it offers a unique overview of some of the innovative
and novel ways in which law can support the shift to sustainable
and equitable energy systems. The first section lays the conceptual
and theoretical foundations for alternative approaches to energy
governance, including its constitutional foundations, the role of
human rights, and an environmentally just system that seeks
universal access to energy for all. The second section showcases
concrete innovative experiences in energy governance from around
the globe, including smart cities, the role of the courts, energy
efficiency of buildings and the harnessing of energy from waste.
Finally, the authors consider the social justice dimension,
discussing the exploitation of energy resources by multinational
companies in developing countries and the importance of
agricultural production, distribution and consumption in energy
transformation. This unique overview of state-of-the-art approaches
to transformation of energy governance is vital reading for policy
makers and both legal and non-legal scholars concerned with energy
law, sustainability and justice, and global governance.
Contributors: K. Bosselmann, J. Bowie, N. Chalifour, E. Daly, T.
Daya-Winterbottom, C. Derani, A. Guerry, J. Jaria I Manzano, L.
Kotze, E. Le Gal, L. Lin-Heng, M. Low, J.R. May, E.C. Okonkwo, R.L.
Ottinger, C. Pappalardo, T. Parejo-Navajas, M.P. Samonte Solis,
M.K. Scanlan, J. Wentz
'In summary, the book provides an interesting mix of energy topics
and perspectives that appears somewhat eclectic at first glance. .
. . the book is a very useful and scholarly addition to the
literature on energy governance and is recommended reading for all
those who need to be better informed on the challenges and some of
the solutions available at the current time.' - David Grinlinton,
Journal of Energy & Natural Resources Law This timely book
makes an original and in-depth contribution to the debate about how
to transform our energy governance systems into ones that support a
fair, safe and sustainable society. It combines perspectives from
leading scholars to provide a global outlook on alternative
approaches to energy governance and innovative experiences. Taken
as a whole, it offers a unique overview of some of the innovative
and novel ways in which law can support the shift to sustainable
and equitable energy systems. The first section lays the conceptual
and theoretical foundations for alternative approaches to energy
governance, including its constitutional foundations, the role of
human rights, and an environmentally just system that seeks
universal access to energy for all. The second section showcases
concrete innovative experiences in energy governance from around
the globe, including smart cities, the role of the courts, energy
efficiency of buildings and the harnessing of energy from waste.
Finally, the authors consider the social justice dimension,
discussing the exploitation of energy resources by multinational
companies in developing countries and the importance of
agricultural production, distribution and consumption in energy
transformation. This unique overview of state-of-the-art approaches
to transformation of energy governance is vital reading for policy
makers and both legal and non-legal scholars concerned with energy
law, sustainability and justice, and global governance.
Contributors: K. Bosselmann, J. Bowie, N. Chalifour, E. Daly, T.
Daya-Winterbottom, C. Derani, A. Guerry, J. Jaria I Manzano, L.
Kotze, E. Le Gal, L. Lin-Heng, M. Low, J.R. May, E.C. Okonkwo, R.L.
Ottinger, C. Pappalardo, T. Parejo-Navajas, M.P. Samonte Solis,
M.K. Scanlan, J. Wentz
Professors Grear and Kotze have masterfully fashioned a landmark
work on human rights and the natural environment. This Research
Handbook is more than just a library of current ideas about this
important topic; it is an intellectual tour de force that
stimulates new thinking on the place of social justice and moral
responsibility in the Anthropocene.' - Benjamin J. Richardson,
University of Tasmania, Australia'As the connections between human
rights and the environment become deeper and broader, this Handbook
offers an indispensable point of reference. A seriously impressive
group of scholars addresses a seriously interesting range of themes
that inform and challenge the totality of our understanding.' -
Philippe Sands, University College London, UK Bringing together
leading international scholars in the field, this authoritative
Handbook combines critical and doctrinal scholarship to illuminate
some of the challenging tensions in the legal relationships between
humans and the environment, and human rights and environment law.
The accomplished contributors provide researchers and students with
a rich source of reflection and engagement with the topic. Split
into five parts, the book covers epistemologies, core values and
closures, constitutionalisms, universalisms and regionalisms, with
a final concluding section exploring major challenges and
alternative futures. An essential resource for students and
scholars of human rights law, the volume will also be of
significant interest to those in the fields of environmental and
constitutional law. Contributors: S. Adelman, U. Beyerlin, K.
Bosselmann, D.R Boyd, P.D. Burdon, L. Code, L. Collins, S. Coyle,
C.G Gonzalez, E. Grant, A. Grear, E. Hey, C.J. Iorns Magallanes, B.
Jessup, A. Jones, A. A. Khavari, L.J. Kotze, R. Lyster, K. Morrow,
A. Philippopoulos-Mihalopoulos, W. Scholtz, P. Simons, S.
Theriault, F. Venter
This book is a novel, sophisticated, broad ranging and insightful
study of the idea of global environmental governance but from a
legal dimension and perspective. While recognizing that concepts
and ideas used to describe governance are generally abstract, vague
and slippery, this project brings clarity to the field by being
theoretically informed, contextually sensitive and pragmatically
circumscribed. Its conclusions and arguments open up a field of
inquiry that has to be genuinely interdisciplinary and in that
sense has great potential to contribute to a better understanding
of environmental themes and issues. This book is destined to become
a landmark for legal academics who will write about environmental
governance in that its concern is with the global governance of
nature rather than a text that uses the environment as a pretext
for understanding governance. It is well written, easy and
enjoyable to read and while it traverses through diverse bodies of
literature it manages to effectively communicate with a variety of
scholarly communities.' - Afshin Akhtarkhavari, Griffith Law
School, Australia'Fourth generation global environmental regulation
attempts to address the complex realities of an interconnected
environment, global environmental problems and collective
regulatory responses. It merits conceptual clarity. Louis Kotze
reveals the legal contours and content of global environmental
governance by chipping away such parts of the conceptual marble
block as are not needed. For the environmental lawyer, it is a
welcome - and much needed - process of elimination. This book
provides a toolkit for lawyers to engage critically with the
extra-legal concept of environmental governance. Its scrutiny and
careful analysis contribute meaningfully to the environmental
discourse.' - Christine Voigt, University of Oslo, Norway 'Global
Environmental Governance is a truly important book. Drawing on a
multitude of disciplines, award-winning environmental law Professor
Louis Kotze masterfully explains the emerging concept of 'global
environmental governance' and its elements of globalism,
environmental law, regulation, and governance theory. He makes a
compelling case that the world has outgrown the 'sustainability'
model and moved toward this more all-encompassing approach to
environmental regulation. This admirable book makes global
environmental governance theory understandable and pertinent so
environmental leaders, lawyers, and regulators can engage
comfortably with this new vision for an ecologically and
economically healthy world.' - George (Rock) Pring, University of
Denver Sturm College of Law, US This timely book brings much-needed
clarity to the concept of 'environmental governance' as manifested
in the global regulatory domain. The author argues that despite
being used as a fashionable term by many - including economists,
political scientists, environmentalists and, increasingly, lawyers
- its theoretical contours and conceptual content remain unclear,
incoherent, and inconsistent. In addressing this problem, the book
begins by describing globalization as a general context of
governance. It comprehensively interrogates and clarifies both the
governance and global governance concepts, and then explains
aspects and components of global environmental governance. Finally
it investigates the role of law in global environmental governance.
Providing a much-needed definition of environmental governance and
global environmental governance, this comprehensive study will
appeal to academics and researchers, post-graduate and
under-graduate students, intergovernmental organizations such as
UNEP, WTO, IUCN, as well as governments and governmental agencies
involved with environmental regulation.
Compliance and enforcement are critical elements of assuring that
international environmental treaties and domestic environmental
laws actually produce desired environmental outcomes. This timely
work provides a comprehensive worldwide perspective on how to
assure compliance with and enforcement of environmental laws more
effectively. Bringing together both leading academics and
environmental professionals from 15 countries, the book addresses a
range of key issues including the enforcement of multilateral
agreements, compliance strategies and tools, the role of courts and
citizens, protection of natural resources, and compliance issues
related to economic instruments. This comprehensive resource will
strongly appeal to environmental enforcement professionals working
for governments or international organizations, who are seeking new
ideas for compliance and enforcement programs. Academics
researching environmental law and international affairs will also
find this book valuable.
Compliance and enforcement are critical elements of assuring that
international environmental treaties and domestic environmental
laws actually produce desired environmental outcomes. This timely
work provides a comprehensive worldwide perspective on how to
assure compliance with and enforcement of environmental laws more
effectively. Bringing together both leading academics and
environmental professionals from 15 countries, the book addresses a
range of key issues including the enforcement of multilateral
agreements, compliance strategies and tools, the role of courts and
citizens, protection of natural resources, and compliance issues
related to economic instruments. This comprehensive resource will
strongly appeal to environmental enforcement professionals working
for governments or international organizations, who are seeking new
ideas for compliance and enforcement programs. Academics
researching environmental law and international affairs will also
find this book valuable.
Building on the previously established Millennium Development
Goals, which ran from 2000-2015, the 2015 Sustainable Development
Goals (SDGs) provide the UN with a roadmap for development until
2030. This topical book explores the associated legal and normative
implications of these SDGs, which in themselves are not legally
binding. The 17 goals and 169 targets of the SDGs cover areas as
crucial as poverty reduction, climate change, clean water and
access to justice. Combining both thematic and goal-specific
analysis, expert contributors establish the relevance not just of
international law, but also of a broader range of normative
frameworks including constitutional norms, domestic regulatory law
and human rights. Connecting the SDGs to wider debates in
international law and politics, this book ultimately demonstrates
that law has an important constitutive and instrumental role to
play in both implemention and analysis. The first of its kind to
offer a specific focus on the relationship between law and the
SDGs, this much-needed book will prove invaluable for scholars in
the field of international sustainable development. Its insightful
observations will also provide food for thought for both related
international organizations and national government officials.
Contributors include: S. Adelman, H. Aust, M. Barnard, L. Collins,
N. Cooper, A. du Plessis, D. French, L. Kotze, G. Long, O. McIntyre
, K. Morrow, N. Sanchez Castillo-Winckels, W. Scholtz, N. Soininen
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.
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.
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.
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