Rule of Law for Nature


Book Description

'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.




Environmental Law & Policy


Book Description




Nature's Trust


Book Description

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.




The Philosophical Foundations of Environmental Law


Book Description

This book argues that environmental law must be seen as a historical product of surprising antiquity and considerable sophistication.




Nature and Value


Book Description

Today, as we confront an unprecedented environmental crisis of our own making, it is more urgent than ever to consider the notion of nature and our place within it. This book brings together essays that individually and as a whole present a detailed and rigorous multidisciplinary exploration of the concept of nature and its wider ethical and political implications. A distinguished list of scholars take up a broad range of questions regarding the relations between the human subject and its natural environment: when and how the concept of nature gave way to the concept of natural resources; the genealogy of the concept of nature through political economy, theology, and modern science; the idea of the Anthropocene; the prospects for green growth; and the deep alienation of human beings in the modern period from both nature and each other. By engaging with a wide range of scholarship, they ultimately converge on a common outlook that is both capacious and original. The essays together present a revaluation of the natural world that seeks to reshape political and ethical ideals and practice with a view to addressing some of the fundamental concerns of our time. Nature and Value features widely known scholars in a broad swath of disciplines, ranging from philosophy, politics, and political economy to geology, law, literature, and psychology. They include Jonathan Schell, David Bromwich, James Tully, Jedediah Purdy, Robert Pollin, Jan Zalasiewicz, Carol Rovane, Sanjay Reddy, Joanna Picciotto, Anthony Laden, Nikolas Kompridis, Bina Gogineni, Kyle Nichols, and the editor, Akeel Bilgrami.




Environmental Law and the Values of Nature


Book Description

This casebook provides students in introductory environmental law courses with the broad understanding necessary to practice in the field and a firm foundation for subsequent course work in specialized environmental subjects. In addition to covering many standard topics such as NEPA and the Clean Water Act, this book emphasizes natural resources law, including water allocation, species conservation, and federal public land management. Unlike many casebooks, it also examines energy issues, climate change, sustainable development, and the environmental movement. This distinctive book uses the historical development of environmental and natural resources law as a helpful context within which to understand the modern law in these fields. It also incorporates eight engaging case studies showing the application of environmental law in the real world. The volume includes significant excerpts from the major environmental statutes so that it is not necessary to assign a statutory supplement. Thought-provoking readings from, for example, Lewis and Clark, Marsh, Muir, Udall, Wilkinson, Sax, Lazarus, Rodgers, Shabecoff, Hays, E.O. Wilson, Leopold, Reisner, and Speth, enhance student insight. One theme of the casebook -- which promotes enthusiastic class discussion -- is that the environment possesses a wide range of values, or characteristics of worth, and that an appreciation of these values illuminates the objectives, strengths, and limitations of contemporary law.




The Law and Policy of Ecosystem Services


Book Description

The Law and Policy of Ecosystem Services is the first comprehensive exploration of the status and future of natural capital and ecosystem services in American law and policy. The book develops a framework for thinking about ecosystem services across their ecologic, geographic, economic, social, and legal dimensions and evaluates the prospects of crafting a legal infrastructure that can help build an ecosystem service economy that is as robust as existing economies for manufactured goods, natural resource commodities, and human-provided services. The book examines the geographic, ecological, and economic context of ecosystem services and provides a baseline of the current status of ecosystem services in law and society. It identifies shortcomings of current law and policy and the critical areas for improvement and forges an approach for the design of new law and policy for ecosystem services. Included are a series of nine empirical case studies that explore the problems caused by society’s failure to properly value natural capital. Among the case study topics considered are water issues, The Conservation Reserve Program, the National Conservation Buffer Initiative, the agricultural policy of the European Union, wetland mitigation, and pollution trading. The Law and Policy of Ecosystem Services is a groundbreaking look at the question of whether and how law and policy can shape a sustainable system of ecosystem service management. It is an accessible and informative work for faculty, students, and policy makers concerned with ecology, economics, geography, political science, environmental studies, law, and related fields.




Environmental Law and Contrasting Ideas of Nature


Book Description

This book examines how nature is constructed through law, building on the constructivist concept that 'nature' is a self-perpetuating, self-reinforcing social creation.




Law's Environment


Book Description

John Copeland Nagle shows how our reliance on environmental law affects the natural environment through an examination of five diverse places in the American landscape: Alaska's Adak Island; the Susquehanna River; Colton in California's Inland Empire; Theodore Roosevelt National Park in the badlands of North Dakota; and Alamogordo in New Mexico. Nagle asks why some places are preserved by the law while others are not, and he finds that environmental laws often have unexpected results while other laws have surprising effects on the environment. Nagle argues that sound environmental policy requires better coordination among the many laws, regulations, and social norms that determine the values and uses of our scarce lands and waters.




Environmental Constitutionalism in the Anthropocene


Book Description

This book examines the relationship between man and nature through different cultural approaches to encourage new environmental legislation as a means of fostering acceptance at a local level. In 2019, the International Union of Geological Sciences (IUGS) recognized that we have entered a new era, the Anthropocene, specifically characterized by the impact of one species, mankind, on environmental change. Anthropocene is penetrating the discourse of both hard sciences and humanities and social sciences, by posing new epistemological as well as practical challenges to many disciplines. Legal sciences have so far been at the margins of this intellectual renewal, with few contributions on the central role that the notion of Anthropocene could play in forging a more effective and just environmental law. By applying a multidisciplinary approach and adopting a Law as culture paradigm to the study of law, this book explores new paths of investigation and possible solutions to be applied. New perspectives for the constitutional framing of environmental policies, rights, and alternative methods for bottom-up participatory law-making and conflict resolution are investigated, showing that environmental justice is not just an option, but an objective within reach. The book will be essential reading for students, academics, and policymakers in the areas of Law, Environmental Studies and Anthropology.