Global Environmental Constitutionalism in the Anthropocene

Author: Louis J Kotzé
Publisher: Bloomsbury Publishing
ISBN: 1509907599
Format: PDF, Kindle
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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.

Global Environmental Constitutionalism

Author: James R. May
Publisher: Cambridge University Press
ISBN: 1107022258
Format: PDF, ePub, Mobi
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Examines the increasing recognition that the environment is a subject for protection in constitutional texts and for vindication by constitutional courts.

The Anthropocene and the Global Environmental Crisis

Author: Clive Hamilton
Publisher: Routledge
ISBN: 1317589084
Format: PDF
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The Anthropocene, in which humankind has become a geological force, is a major scientific proposal; but it also means that the conceptions of the natural and social worlds on which sociology, political science, history, law, economics and philosophy rest are called into question. The Anthropocene and the Global Environmental Crisis captures some of the radical new thinking prompted by the arrival of the Anthropocene and opens up the social sciences and humanities to the profound meaning of the new geological epoch, the ‘Age of Humans’. Drawing on the expertise of world-recognised scholars and thought-provoking intellectuals, the book explores the challenges and difficult questions posed by the convergence of geological and human history to the foundational ideas of modern social science. If in the Anthropocene humans have become a force of nature, changing the functioning of the Earth system as volcanism and glacial cycles do, then it means the end of the idea of nature as no more than the inert backdrop to the drama of human affairs. It means the end of the ‘social-only’ understanding of human history and agency. These pillars of modernity are now destabilised. The scale and pace of the shifts occurring on Earth are beyond human experience and expose the anachronisms of ‘Holocene thinking’. The book explores what kinds of narratives are emerging around the scientific idea of the new geological epoch, and what it means for the ‘politics of unsustainability’.

Environmental Law and Governance for the Anthropocene

Author: Louis Kotzé
Publisher: Bloomsbury Publishing
ISBN: 150990655X
Format: PDF, ePub, Mobi
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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.

Environmental Law and Governance for the Anthropocene

Author: Louis Kotzé
Publisher: Bloomsbury Publishing
ISBN: 150990655X
Format: PDF, Kindle
Download Now
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.

Rule of Law for Nature

Author: Christina Voigt
Publisher: Cambridge University Press
ISBN: 1107513219
Format: PDF
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'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.

The Environmental Rights Revolution

Author: David R. Boyd
Publisher: UBC Press
ISBN: 0774821639
Format: PDF
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The right to a healthy environment has been the subject of extensive philosophical debates that revolve around the question: Should rights to clean air, water, and soil be entrenched in law? David Boyd answers this by moving beyond theoretical debates to measure the practical effects of enshrining the right in constitutions. His pioneering analysis of 193 constitutions and the laws and court decisions of more than 100 nations in Europe, Latin America, Asia, and Africa reveals a positive correlation between constitutional protection and stronger environmental laws, smaller ecological footprints, superior environmental performance, and improved quality of life.

Research Handbook on Human Rights and the Environment

Author: Anna Grear
Publisher: Edward Elgar Publishing
ISBN: 1782544437
Format: PDF, ePub
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Bringing together leading international scholars in the field, this Research Handbook interrogates, from various angles and positions, the fractious relationship between human rights and the environment and between human rights and environmental law.

The History of Global Climate Governance

Author: Joyeeta Gupta
Publisher: Cambridge University Press
ISBN: 1107040515
Format: PDF
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What has happened globally on the climate change issue? How have countries' positions differed over time, and why? How are problems and politics developing on an increasingly globalised planet, and can we find a solution? This book explores these questions and more, explaining the key underlying issues of the conflicts between international blocs. The negotiation history is systematically presented in five phases, demonstrating the evolution of decision-making. The book discusses the coalitions, actors and potential role of the judiciary, as well as human rights issues in addressing the climate change problem. It argues for a methodical solution through global law and constitutionalism, which could provide the quantum jump needed in addressing the problem of climate governance. This fascinating and accessible account will be a key resource for policymakers and NGOs, and also for researchers and graduate students in climate policy, geopolitics, climate change, environmental policy and law, and international relations.

Environmental Principles and the Evolution of Environmental Law

Author: Eloise Scotford
Publisher: Bloomsbury Publishing
ISBN: 1782252908
Format: PDF, Kindle
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Environmental principles – from the polluter pays and precautionary principles to the principles of integration and sustainability – proliferate in domestic and international legal and policy discourse, reflecting key goals of environmental protection and sustainable development on which there is apparent political consensus. Environmental principles also have a high profile in environmental law, beyond their popularity as policy and political concepts, as ideas that might unify the subject and provide it with conceptual foundations or boost its delivery of environmental outcomes. However, environmental principles are elusive legal concepts. This book deepens the legal understanding of environmental principles in light of recent legal developments. It analyses the increasing legal effects of environmental principles in different jurisdictions and demonstrates how they are shaping and revealing innovative and evolving bodies of environmental law. This analysis is a step forward in understanding a key feature of modern environmental law and presents a robust methodology for dealing with novel legal concepts in the subject. It also makes a contribution to environmental policy debates and discussions internationally that rely heavily on environmental principles, including their supposed legal effects.