Sustainability through Participation?: Perspectives from National, European and International Law

ISBN-13: 9789004509375 / Angielski / Twarda / 2023 / 540 str.

Birgit Peters;Eva Julia Lohse

Opis

Can—and should—participation be a means of achieving sustainability? The concepts of sustainability and participation are both in vogue, and many international, supranational and national legal texts and standards refer to these two concepts. However, there are still several unanswered questions that invite legal inquiry: which sustainability? Which kinds of participation? Participation by whom? How are the two concepts of sustainability and participation effectively interlinked in legal provisions? This book approaches the interconnection between sustainability and participation inductively and precisely in areas of law which are commonly associated with sustainability and sustainable development: national, European and international environmental and economic law.

Spis treści

Series Editor's Preface
Acknowledgements
List of Tables and Figures
Notes on Contributors

Introduction: "Sustainability through Participation? - National, Supranational and International Legal Perspectives"
Eva Julia Lohse and Birgit Peters

Part 1: Fundamentals

1 The Historical Perspective
Birgit Peters
2 Re-imagining Participation in the Anthropocene: The Potential of the Rights of Nature Paradigm
Paola Villavicencio-Calzadilla and Louis Kotzé

Part 2: National Perspectives

3 Comparative Administrative Law Perspectives - Europe, Latin-America, Africa
Eva Julia Lohse
4 Comparative Administrative Law Perspectives: China
Daniele Brombal

Part 3: The European Union Perspective

5 The Scope and Requirements of Public Participation in EU Environmental Law
Giacomo Gattinara and Magnus Noll-Ehlers
6 Impact of Supranational Concepts of Participation and Sustainability on National Administrative Law
Cristina Fraenkel-Haeberle
7 The Law of Public Finance
Matthias Valta
8 State Aid Law
Julius Buckler
9 Competition Law
Matthias Uffer

Part 4: International Legal Perspectives

10 The Human Rights Dimension
Angela Schwerdtfeger
11 The Case of Biodiversity Protection
Federica Cittadino and Emma Mitrotta
12 Climate Change Law
Omondi R. Owino
13 The Law of the High Seas
Violeta S. Radovich
14 The Law of Multilateral Development Banks
Michael Riegner
15 International Investment Law
Paolo Turrini
Conclusions
Margherita Paola Poto

Annex
Index

O autorze

Birgit Peters, Prof. Dr., LL.M. (London), University of Trier, Germany, is Professor of Public Law, Public International and European Law. She is co-founder of the SustaiNet network. She has published broadly on European and International (environmental and human rights) Law. She is the author of several books, including Developments in Customary International Law (Brill 2010).

Eva Julia Lohse, Prof. Dr., LLM (Kent), University of Bayreuth, Germany, is Professor of Public, European and Comparative Law at this university. She is co-founder of the network SustaiNet and has published broadly on comparative and EU-law aspects of participation and environment.