The Transformation of Environmental Law and Governance

The Transformation of Environmental Law and Governance
Author: Sindico, Francesco
Publisher: Edward Elgar Publishing
Total Pages: 328
Release: 2021-10-19
Genre: Law
ISBN: 1800889372

This cutting-edge book considers the functional inseparability of risk and innovation within the context of environmental law and governance. Analysing both ‘hard’ and ‘soft’ innovation, the book argues that approaches to socio-ecological risk require innovation in order for society and the environment to become more resilient.

Sustainability

Sustainability
Author: Felix Ekardt
Publisher: Springer
Total Pages: 324
Release: 2019-07-29
Genre: Science
ISBN: 3030192776

This book proposes a holistic transdisciplinary approach to sustainability as a subject of social sciences. At the same time, this approach shows new ways, as perspectives of philosophy, political science, law, economics, sociology, cultural studies and others are here no longer regarded separately. Instead, integrated perspectives on the key issues are carved out: Perspectives on conditions of transformation to sustainability, on key instruments and the normative questions. This allows for a concise answer to urgent and controversial questions such as the following: Is the EU an environmental pioneer? Is it possible to achieve sustainability by purely technical means? If not: will that mean to end of the growth society? How to deal with the follow-up problems? How will societal change be successful? Are political power and capitalism the main barriers to sustainability? What is the role of emotions and conceptions of normality in the transformation process? To which degree are rebound and shifting effects the reason why sustainability politics fail? How much climate protection can be claimed ethically and legally e.g. on grounds of human rights? And what is freedom? Despite all rhetoric, the weak transition in energy, climate, agriculture and conservation serves as key example in this book. It is shown how the Paris Agreement is weak with regard to details and at the same time overrules the growth society by means of a radical 1,5-1,8 degrees temperature limit. It is shown how emissions trading must – and can – be reformed radically. It is shown why CSR, education, cooperation and happiness research are overrated. And we will see what an integrated politics on climate, biodiversity, nitrogen and soil might look like. This book deals with conditions of transformation, governance instruments, ethics and law of sustainability. The relevance of the humanities to sustainability has never before been demonstrated so vividly and broadly as here. And in every area it opens up some completely new perspectives. (Prof. Dr. Dr. h.c. mult. Ernst Ulrich von Weizsäcker, Club of Rome, Honorary President) Taking a transdisciplinary perspective, the book canvasses the entire spectrum of issues relevant to sustainability. A most valuable and timely contribution to the debate. (Prof. Dr. Klaus Bosselmann, University of Auckland, Author of “The Principle of Sustainability”) This books breathes life into the concept of sustainability. Felix Ekardt tears down the barriers between disciplines and builds a holistic fundament for sustainablility; fit to guide long-term decision-making on the necessary transformation and societal change. (Prof. Dr. Christina Voigt, Oslo University, Dept. of Public and International Law)

The Making of Environmental Law

The Making of Environmental Law
Author: Richard J. Lazarus
Publisher: University of Chicago Press
Total Pages: 335
Release: 2008-09-15
Genre: Law
ISBN: 0226470644

The unprecedented expansion in environmental regulation over the past thirty years—at all levels of government—signifies a transformation of our nation's laws that is both palpable and encouraging. Environmental laws now affect almost everything we do, from the cars we drive and the places we live to the air we breathe and the water we drink. But while enormous strides have been made since the 1970s, gaps in the coverage, implementation, and enforcement of the existing laws still leave much work to be done. In The Making of Environmental Law, Richard J. Lazarus offers a new interpretation of the past three decades of this area of the law, examining the legal, political, cultural, and scientific factors that have shaped—and sometimes hindered—the creation of pollution controls and natural resource management laws. He argues that in the future, environmental law must forge a more nuanced understanding of the uncertainties and trade-offs, as well as the better-organized political opposition that currently dominates the federal government. Lazarus is especially well equipped to tell this story, given his active involvement in many of the most significant moments in the history of environmental law as a litigator for the Justice Department's Environment and Natural Resources Division, an assistant to the Solicitor General, and a member of advisory boards of the U.S. Environmental Protection Agency, the World Wildlife Fund, and the Environmental Defense Fund. Ranging widely in his analysis, Lazarus not only explains why modern environmental law emerged when it did and how it has evolved, but also points to the ambiguities in our current situation. As the field of environmental law "grays" with middle age, Lazarus's discussions of its history, the lessons learned from past legal reforms, and the challenges facing future lawmakers are both timely and invigorating.

From Environmental to Ecological Law

From Environmental to Ecological Law
Author: Kirsten Anker
Publisher: Routledge
Total Pages: 311
Release: 2020-12-30
Genre: Law
ISBN: 1000328627

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
Author: Timothy Cadman
Publisher: Routledge
Total Pages: 300
Release: 2021-12-13
Genre: Political Science
ISBN: 1000482499

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 Governance

International Environmental Governance
Author: John Scanlon
Publisher: IUCN
Total Pages: 92
Release: 2004
Genre: Law
ISBN: 9782831707686

With 'good governance' firmly entrenched on the international agenda, this publication analyses the trends affecting protected area governance at the international level, and goes on to explore emerging issues concerning certification, standards, partnerships and funding mechanisms. It does not seek to prescribe the answers, rather it seeks to clearly articulate the issues, the competing arguments, and the challenges that all need to be addressed as we strive for the optimal protected area governance arrangements.

Social-Ecological Resilience and Law

Social-Ecological Resilience and Law
Author: Ahjond S. Garmestani
Publisher: Columbia University Press
Total Pages: 417
Release: 2014-02-25
Genre: Nature
ISBN: 0231536356

Environmental law envisions ecological systems as existing in an equilibrium state, reinforcing a rigid legal framework unable to absorb rapid environmental changes and innovations in sustainability. For the past four decades, "resilience theory," which embraces uncertainty and nonlinear dynamics in complex adaptive systems, has provided a robust, invaluable foundation for sound environmental management. Reforming American law to incorporate this knowledge is the key to sustainability. This volume features top legal and resilience scholars speaking on resilience theory and its legal applications to climate change, biodiversity, national parks, and water law.

Carbon Governance, Climate Change and Business Transformation

Carbon Governance, Climate Change and Business Transformation
Author: Adam Bumpus
Publisher: Routledge
Total Pages: 264
Release: 2014-07-17
Genre: Business & Economics
ISBN: 1135067864

Transformation to a low carbon economy is a central tenet to any discussion on the solutions to the complex challenges of climate change and energy security. Despite advances in policy, carbon management and continuing development of clean technology, fundamental business transformation has not occurred because of multiple political, economic, social and organisational issues. Carbon Governance, Climate Change and Business Transformation is based on leading academic and industry input, and three international workshops focused on low carbon transformation in leading climate policy jurisdictions (Canada, USA and the UK) under the international Carbon Governance Project (CGP) banner. The book pulls insights from this innovative collaborative network to identify the policy combinations needed to create transformative change. It explores fundamental questions about how governments and the private sector conceptualize the problem of climate change, the conditions under which business transformation can genuinely take place and key policy and business innovations needed. Broadly, the book is based on emerging theories of multi-levelled, multi-actor carbon governance, and applies these ideas to the real world implications for tackling climate change through business transformation. Conceptually and empirically, this book stimulates both academic discussion and practical business models for low carbon transformation.

Governing Climate Change

Governing Climate Change
Author: Andrew Jordan
Publisher: Cambridge University Press
Total Pages: 407
Release: 2018-05-03
Genre: Political Science
ISBN: 1108304745

Climate change governance is in a state of enormous flux. New and more dynamic forms of governing are appearing around the international climate regime centred on the United Nations Framework Convention on Climate Change (UNFCCC). They appear to be emerging spontaneously from the bottom up, producing a more dispersed pattern of governing, which Nobel Laureate Elinor Ostrom famously described as 'polycentric'. This book brings together contributions from some of the world's foremost experts to provide the first systematic test of the ability of polycentric thinking to explain and enhance societal attempts to govern climate change. It is ideal for researchers in public policy, international relations, environmental science, environmental management, politics, law and public administration. It will also be useful on advanced courses in climate policy and governance, and for practitioners seeking incisive summaries of developments in particular sub-areas and sectors. This title is also available as Open Access on Cambridge Core.