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.







Social-Ecological Resilience and Law


Book Description

Environmental law envisions ecological systems as existing in an equilibrium state, reinforcing a rigid legal framework unable to absorb rapid environmental changes and innovations in sustainability. For the past four decades, "resilience theory," which embraces uncertainty and nonlinear dynamics in complex adaptive systems, has provided a robust, invaluable foundation for sound environmental management. Reforming American law to incorporate this knowledge is the key to sustainability. This volume features top legal and resilience scholars speaking on resilience theory and its legal applications to climate change, biodiversity, national parks, and water law.




Ecosystem Services – Concept, Methods and Case Studies


Book Description

Nature provides us with many services seemingly for free: recharged groundwater, fertile soil and plant biomass created by photosynthesis. We human beings draw extensive benefits from these “ecosystem services,” or ES – food, water supply, recreation and protection from natural hazards. Major international studies, such as the Millennium Ecosystem Assessment, have addressed the enormous role of biodiversity and ecosystems to human well-being, and they draw particular attention to the consequences resulting from the reduction or loss of these services. These very topical issues are being addressed by authors/scientists in a wide variety of disciplines – and their approaches, terminologies and methodological specifics are just as diverse. What, for example, does the efficacy of nature or natural capital mean? Which values of nature are particularly important, how are they distributed in space and time and how can they be assessed and the relevant knowledge promoted? Can all ecosystem services be quantified and even monetarised? What should be done to ensure that the multiple services of nature will be available also in future? This book explains the multifaceted concept of ecosystem services, provides a methodological framework for its analysis and assessment, and discusses case examples, particularly from Germany. It is addressed to scientists and practitioners in the administrative, volunteer and professional spheres, especially those who deal with environment, landscape management and nature conservation and regional and land-use planning. The target group includes experts from the business community, politicians and decision makers, students and all those interested in fundamental ecological, economic, ethical and environmental issues.




Natural Capital


Book Description

In 2005, The Millennium Ecosystem Assessment (MA) provided the first global assessment of the world's ecosystems and ecosystem services. It concluded that recent trends in ecosystem change threatened human wellbeing due to declining ecosystem services. This bleak prophecy has galvanized conservation organizations, ecologists, and economists to work toward rigorous valuations of ecosystem services at a spatial scale and with a resolution that can inform public policy. The editors have assembled the world's leading scientists in the fields of conservation, policy analysis, and resource economics to provide the most intensive and best technical analyses of ecosystem services to date. A key idea that guides the science is that the modelling and valuation approaches being developed should use data that are readily available around the world. In addition, the book documents a toolbox of ecosystem service mapping, modeling, and valuation models that both The Nature Conservancy and the World Wide Fund for Nature (WWF) are beginning to apply around the world as they transform conservation from a biodiversity only to a people and ecosystem services agenda. The book addresses land, freshwater, and marine systems at a variety of spatial scales and includes discussion of how to treat both climate change and cultural values when examining tradeoffs among ecosystem services.




The Justices and Injustices of Ecosystem Services


Book Description

Humankind benefits from a multitude of resources and processes that are supplied by ecosystems, and collectively these benefits are known as ecosystem services. Interest in this topic has grown exponentially over the last decade, as biologists and economists have tried to quantify these benefits to justify management interventions. Yet, as this book demonstrates, the implications for justice and injustice have rarely been explored and works on environmental justice are only now addressing the importance of ecosystem services. The authors establish important new middle ground in arguments between conservationists and critics of market-based interventions such as Payment for Ecosystem Services. Neither can environmental management be separated from justice concerns, as some conservationists like to believe, nor is it in fundamental opposition to justice, as critics like to put it. The book develops this novel interpretation of justice in environmental management through analyses of prominent governance interventions and the conceptual underpinnings of the ecosystem services framework. Key examples described are revenue-sharing around protected areas and REDD+ for forest ecosystems. The analyses demonstrate that interventions create opportunities for enhancing social justice, yet also reveal critical design features that cause ostensibly technical interventions to generate injustices.




The 'Ecosystem Approach' in International Environmental Law


Book Description

The ecosystem approach, broadly understood as a legal and governance strategy for integrated environmental and biodiversity management, has been adopted within a wide variety of international environmental legal regimes and provides a narrative, a policy approach and in some cases legally binding obligations for States to implement what has been called a ‘new paradigm’ of environmental management. In this last respect, the ecosystem approach is also often considered to offer an opportunity to move beyond the outdated anthropocentric framework underpinning much of international environmental law, thus helping re-think law in the Anthropocene. Against this background, this book addresses the question of whether the ecosystem approach represents a paradigm shift in international environmental law and governance, or whether it is in conceptual and operative continuity with legal modernity. This central question is explored through a combined genealogical and biopolitical framework, which reveals how the ecosystem approach is the result of multiple contingencies and contestations, and of the interplay of divergent and sometimes irreconcilable ideological projects. The ecosystem approach, this books shows, does not have a univocal identity, and must be understood as both signalling the potential for a decisive shift in the philosophical orientation of law and the operationalisation of a biopolitical framework of control that is in continuity with, and even intensifies, the eco-destructive tendencies of legal modernity. It is, however, in revealing this disjunction that the book opens up the possibility of moving beyond the already tired assessment of environmental law through the binary of anthropocentrism and ecocentrism.




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.




The Ecology of Law


Book Description

Winner, IBPA Benjamin Franklin Award in Politics/Current Events: A systems theorist and a legal scholar present a new paradigm for protecting our planet. This is the first book to trace the fascinating parallel history of law and science from antiquity to modern times, showing how the two disciplines have always influenced each other—until recently. In the past few decades, science has shifted from seeing the natural world as a kind of cosmic machine best understood by analyzing each cog and sprocket to a systems perspective that views the world as a vast network of fluid communities and studies their dynamic interactions. The concept of ecology exemplifies this approach. But law is stuck in the old mechanistic paradigm: The world is simply a collection of discrete parts, and ownership of these parts is an individual right, protected by the state. Fritjof Capra, physicist, systems theorist, and bestselling author of The Tao of Physics, and distinguished legal scholar Ugo Mattei show that this obsolete worldview has led to overconsumption, pollution, and a general disregard on the part of the powerful for the common good. Capra and Mattei outline the basic concepts and structures of a legal order consistent with the ecological principles that sustain life on Earth that better addresses many of the economic and social crises we face today. This is a visionary reconceptualization of the very foundations of the Western legal system, a kind of Copernican revolution in the law, with profound implications for the future of our planet. “Thoughtful . . . The authors propose a philosophy and jurisprudence that is deeply radical—upending centuries of Western tradition and culture—but possibly crucial to solving looming environmental problems.” —Publishers Weekly




A Guide to U.S. Environmental Law


Book Description

Written by two internationally respected authors, this unique primer distills the environmental law and policy of the United States into a practical guide for a nonlegal audience, as well as for lawyers trained in other regions. The first part of the book explains the basics of the American legal system: key actors, types of laws, and overarching legal strategies for environmental management. The second part delves into specific environmental issues (pollution, ecosystem management, and climate change) and how American law addresses each. Chapters include summaries of key concepts, discussion questions, and a glossary of terms, as well as informative "spotlights"—brief overviews of topics. With a highly accessible structure and useful illustrative features, A Guide to U.S. Environmental Law is a long-overdue synthetic reference on environmental law for students and for those who work in environmental policy or environmental science. Pairing this book with its companion, A Guide to EU Environmental Law, allows for a comparative look at how two of the most important jurisdictions in the world deal with key environmental problems.