Rule of Law for Nature: New Dimensions and Ideas in Environmental Law

ISBN-13: 9781107043268 / Angielski / Twarda / 2013 / 408 str.

Christina Voigt

Opis

'Human laws must be reformulated to keep human activities in harmony with the unchanging and universal laws of nature.' This 1987 statement by the World Commission on Environment and Development has never been more relevant and urgent than it is today. Despite the many legal responses to various environmental problems, more greenhouse gases than ever before are being released into the atmosphere, biological diversity is rapidly declining and fish stocks in the oceans are dwindling. This book challenges the doctrinal construction of environmental law and presents an innovative legal approach to ecological sustainability: a rule of law for nature which guides and transcends ordinary written laws and extends fundamental principles of respect, integrity and legal security to the non-human world.

Recenzje

'Rule of Law for Nature is 'kaleidoscopic', brimming with ideas for re-imagining environmental law that should inspire the diverse set of actors - states, non-governmental organizations, corporates, and individuals - who are shaping both the future of law and the future of the planet.' Robert V. Percival, Transnational Environmental Law

Spis treści

Part I. Environmental Law at the Cross-Roads: Achievements, Shortcomings and Challenges: 1. Twelve fundamental challenges in environmental law: an introduction to the concept of rule of law for nature Hans Christian Bugge; 2. Rule of law for nature in a kaleidoscopic world Edith Brown Weiss; 3. Evolved norms: a canon for the anthropocene Nicholas A. Robinson; Part II. A Rule of Law for Nature: Theories and Reflection: 4. Grounding the rule of law Klaus Bosselmann; 5. The rule of nature's law Cormac Cullinan; Part III. Designing a Rule of Law for Nature: New Dimensions and Ideas: 6. Eco-logical proportionality - an emerging principle of law for nature? Gerd Winter; 7. Sustainable development and the rule of law for nature: a constitutional reading Louis Kotze; 8. The principle of sustainable development: integration and ecological integrity Christina Voigt; 9. The need to recognize a coherent legal system as an important element of the ecosystem approach Froukje M. Platjouw; 10. An emerging legal principle to restore large scale ecoscapes Anastasia Telesetsky; 11. Traditional norms and environmental law: the sub-Saharan African case study Chinweze Chizoba, Jideani Chukwuemeka and Gwen Z. Abiola-Oloke; Part IV. Nature's Rights: 12. Rules of law for nature's use and nonuse Jan G. Laitos; 13. Realizing nature's rule of law through rights of waterways Linda Sheehan; Part V. Procedural Dimensions of a Rule for Law for Nature: 14. Towards a new instrument for promoting sustainability beyond the EIA and SIA: the Holistic Impact Assessment Massimiliano Montini; 15. Enforcing environmental responsibilities. An environmental perspective on the rule of law and administrative enforcement Annika K. Nilsson; 16. Mechanisms for reviewing compliance with international environmental law open to private parties Christina Verones; Part VI. Rule of Law for Nature and the Role of Companies and Markets: 17. The green economy will not build the rule of law for nature Rebecca M. Bratspies; 18. Taking nature seriously: can the UN guiding principles tame corporate profiteering? Surya Deva; Part VII. A Rule of Law for the Oceans: 19. Conservation of marine biodiversity and the International Maritime Organization Tore Henriksen; 20. Implementing the rule of law for nature in the Global Marine Commons: developing environmental assessment frameworks Robin Warner; 21. Using the public trust doctrine to achieve ocean stewardship Mary Turnipseed, Michael C. Blumm, Duncan E. J. Currie, Kristina M. Gjerde, Peter Sand, Mary C. Wood, Julie A. Hambrook Berkman, Ryke Longest, Gail Osherenko, Stephen E. Roady, Raphael D. Sagarin and Larry B. Crowder.