This book uses a transdisciplinary systems approach to examine how Earth’s human-caused ecological crisis arose and presents a new legal approach for overcoming it. Ecological Law and the Planetary Crisis first examines how the history of humanity’s social metabolism, along with the history of human inventions and ideas, led to the human-Earth dilemma we see today and explains why contemporary law is inadequate for confronting this dilemma. The book goes on to propose ecological law—law that maintains human activity within ecological limits such as planetary boundaries while ensuring social justice and equity—as an essential element of an urgently needed radical pathway of change toward a perpetual, mutually enhancing human-Earth relationship. Finally, it offers a systems-based analytical tool for organizing actions to promote the transition from environmental to ecological law. Increasing the visibility, clarity and development of ecological law, this book will be of great interest to students and scholars of ecological and environmental law and governance.
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.
The era of eco-crises signified by the Anthropocene trope is marked by rapidly intensifying levels of complexity and unevenness, which collectively present unique regulatory challenges to environmental law and governance. This volume sets out to address the currently under-theorised legal and consequent governance challenges presented by the emergence of the Anthropocene as a possible new geological epoch. While the epoch has yet to be formally confirmed, the trope and discourse of the Anthropocene undoubtedly already confront law and governance scholars with a unique challenge concerning the need to question, and ultimately re-imagine, environmental law and governance interventions in the light of a new socio-ecological situation, the signs of which are increasingly apparent and urgent. This volume does not aspire to offer a univocal response to Anthropocene exigencies and phenomena. Any such attempt is, in any case, unlikely to do justice to the multiple implications and characteristics of Anthropocene forebodings. What it does is to invite an unrivalled group of leading law and governance scholars to reflect upon the Anthropocene and the implications of its discursive formation in an attempt to trace some initial, often radical, future-facing and imaginative implications for environmental law and governance.
What is the role of popular culture in shaping our discourse about the multifaceted system of material things, subjects and causal agents that we call "environment"? Ecocritical Geopolitics offers a new theoretical perspective and approach to the analysis of environmental discourse in popular culture. It combines ecocriticial and critical geopolitical approaches to explore three main themes: dystopian visions, the relationship between the human, post-human, and "nature" and speciesism and carnism. The importance of popular culture in the construction of geopolitical discourse is widely recognized. From ecocriticism, we also appreciate that literature, cinema, or theatre can offer a mirror of what the individual author wants to communicate about the relationship between the human being and what can be defined as non-human. This book provides an analysis of environmental discourses with the theoretical tools of critical geopolitics and the analytical methodology of ecocriticism. It develops and disseminates a new scientific approach, defined as "ecocritical geopolitics", to offer an idea of the power of popular culture in the realization of environmental discourse. Referencing sources as diverse as The Road, The Shape of Water, Lady and the Tramp, and TV cooking shows, this book will be of great interest to students and scholars of geography, environmental studies, film studies, and environmental humanities.
Anthropocene is the proposed name for the new geological epoch in which humans have overwhelming impact on planetary processes. This edited volume invites reflection on the meaning and role of law in light of changing planetary realties. Taking the concept of the Anthropocene as a starting point, the contributions to this book address emerging legal issues from a transnational environmental law perspective. How law interacts with, and how law governs, global environmental problems is a challenge that legal scholars have approached with vigour over the last decade. More recently, the concept of the Anthropocene has become a topic that researchers have also begun to grapple with by engaging with disciplines beyond legal scholarship. One avenue of research that has emerged to address global environmental problems is transnational environmental law. Adopting ‘transnational law’ as a lens or framework through which to analyse environmental law takes a broader approach to the ways in which law may be assessed and deployed to meet planetary challenges. The chapters within this book provide a timely intervention into the theoretical and practical approaches of transnational environmental law in a time of significant uncertainty and environmental and human crises. The chapters in this book were originally published as a special issue of Transnational Legal Theory.
Just Ecological Integrity presents a collection of revised and expanded essays originating from the international conference 'Connecting Environmental Ethics, Ecological Integrity, and Health in the New Millennium' held in San Jose, Costa Rica in June 2000. It is a cooperative venture of the Global Ecological Integrity Project and the Earth Charter Initiative. Beginning with an in depth look at the history and meaning of the Earth Charter itself, Just Ecological Integrity moves to consider the systems of measurement necessary to indicate progress in achieving the Earth Charter's goals. Contributors to the volume explore such issues as the reciprocal impacts between humans and nature; human destructiveness; and the various ways in which the revaluation of nature in terms of intrinsic qualities affects broader notions of justice. A rich collection of case studies enhances the volume and examines such issues as violence, risk, and the preservation of nature in local circumstances.
This book exposes the dysfunction of environmental law and offers a transformative approach based on the public trust doctrine. An ancient and enduring principle, the public trust doctrine empowers citizens to protect their inalienable property rights to crucial resources. This book shows how a trust principle can apply from the local to global level to protect the planet.
Economic development by American Bar Association. National Institute