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Rule of Law for Nature
New Dimensions and Ideas in Environmental Law

£82.00

Hans Christian Bugge, Edith Brown Weiss, Nicholas A. Robinson, Klaus Bosselmann, Cormac Cullinan, Gerd Winter, Louis Kotze, Christina Voigt, Froukje M. Platjouw, Anastasia Telesetsky, Chinweze Chizoba, Jideani Chukwuemeka, Gwen Z. Abiola-Oloke, Jan G. Laitos, Linda Sheehan, Massimiliano Montini, Annika K. Nilsson, Christina Verones, Rebecca M. Bratspies, Surya Deva, Tore Henriksen, Robin Warner, Mary Turnipseed, Michael C. Blumm, Duncan E. J. Currie, Kristina M. Gjerde, Peter Sand, Mary C. Wood, Julie A. Hambrook Berkman, Ryke Longest, Gail Osherenko, Stephen E. Roady, Raphael D. Sagarin, Larry B. Crowder
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  • Date Published: November 2013
  • availability: Available
  • format: Hardback
  • isbn: 9781107043268
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About the Authors
  • '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.

    • Analyses the shortcomings of environmental law and proposes remedies which will appeal to those interested in the gap between innumerable environmental laws and the reality of environmental degradation
    • Introduces new approaches and ideas intended to strengthen environmental protection by law and provides an overview of the state of constructive legal theories on environmental law
    • Uses examples and case law in order to illustrate the application of proposed reforms
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    Reviews & endorsements

    'Rule of Law for Nature is 'kaleidoscopic', brimming with ideas for re-imagining environmental law that should inspire the diverse set of actors - states, non-governmental organizations, corporates, and individuals - who are shaping both the future of law and the future of the planet.' Robert V. Percival, Transnational Environmental Law

    Customer reviews

    06th Dec 2013 by RStafursky

    On the face of it this book appears to be another environmental law review for people. That is not necessarily bad, but the title is telling. Im not sure if I want to spend a hundred dollars only to find out that the authors do not understand that the 21st century is the century of, by and for the Species Planet. The problem is that the evolution of the Rights of Nature or the Rights of Mother Earth must include native species occupancy. For example, one must instinctively know that a forest is actually the species forest. A species forest is a forest of, by and for all the other native species that occupy or have occupied that forest. It is their forest and it is arrogant for us to give it rights which it already posses. This planet not our planet is not a natures trust which requires the management of people it is actually the Species Planet. This book does not appear to be it. We await a book on the Species Planet.

    Review was not posted due to profanity

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    Product details

    • Date Published: November 2013
    • format: Hardback
    • isbn: 9781107043268
    • length: 408 pages
    • dimensions: 231 x 152 x 28 mm
    • weight: 0.7kg
    • contains: 8 b/w illus.
    • availability: Available
  • Table of Contents

    Part I. Environmental Law at the Cross-Roads: Achievements, Shortcomings and Challenges:
    1. Twelve fundamental challenges in environmental law: an introduction to the concept of rule of law for nature Hans Christian Bugge
    2. Rule of law for nature in a kaleidoscopic world Edith Brown Weiss
    3. Evolved norms: a canon for the anthropocene Nicholas A. Robinson
    Part II. A Rule of Law for Nature: Theories and Reflection:
    4. Grounding the rule of law Klaus Bosselmann
    5. The rule of nature's law Cormac Cullinan
    Part III. Designing a Rule of Law for Nature: New Dimensions and Ideas:
    6. Eco-logical proportionality - an emerging principle of law for nature? Gerd Winter
    7. Sustainable development and the rule of law for nature: a constitutional reading Louis Kotze
    8. The principle of sustainable development: integration and ecological integrity Christina Voigt
    9. The need to recognize a coherent legal system as an important element of the ecosystem approach Froukje M. Platjouw
    10. An emerging legal principle to restore large scale ecoscapes Anastasia Telesetsky
    11. Traditional norms and environmental law: the sub-Saharan African case study Chinweze Chizoba, Jideani Chukwuemeka and Gwen Z. Abiola-Oloke
    Part IV. Nature's Rights:
    12. Rules of law for nature's use and nonuse Jan G. Laitos
    13. Realizing nature's rule of law through rights of waterways Linda Sheehan
    Part V. Procedural Dimensions of a Rule for Law for Nature:
    14. Towards a new instrument for promoting sustainability beyond the EIA and SIA: the Holistic Impact Assessment Massimiliano Montini
    15. Enforcing environmental responsibilities. An environmental perspective on the rule of law and administrative enforcement Annika K. Nilsson
    16. Mechanisms for reviewing compliance with international environmental law open to private parties Christina Verones
    Part VI. Rule of Law for Nature and the Role of Companies and Markets:
    17. The green economy will not build the rule of law for nature Rebecca M. Bratspies
    18. Taking nature seriously: can the UN guiding principles tame corporate profiteering? Surya Deva
    Part VII. A Rule of Law for the Oceans:
    19. Conservation of marine biodiversity and the International Maritime Organization Tore Henriksen
    20. Implementing the rule of law for nature in the Global Marine Commons: developing environmental assessment frameworks Robin Warner
    21. Using the public trust doctrine to achieve ocean stewardship Mary Turnipseed, Michael C. Blumm, Duncan E. J. Currie, Kristina M. Gjerde, Peter Sand, Mary C. Wood, Julie A. Hambrook Berkman, Ryke Longest, Gail Osherenko, Stephen E. Roady, Raphael D. Sagarin and Larry B. Crowder.

  • Editor

    Christina Voigt, Universitetet i Oslo
    Christina Voigt is a professor in the Department of Public and International Law, University of Oslo, Norway, where she works in particular on legal issues of climate change, sustainability and the interface between environmental and trade law.

    Contributors

    Hans Christian Bugge, Edith Brown Weiss, Nicholas A. Robinson, Klaus Bosselmann, Cormac Cullinan, Gerd Winter, Louis Kotze, Christina Voigt, Froukje M. Platjouw, Anastasia Telesetsky, Chinweze Chizoba, Jideani Chukwuemeka, Gwen Z. Abiola-Oloke, Jan G. Laitos, Linda Sheehan, Massimiliano Montini, Annika K. Nilsson, Christina Verones, Rebecca M. Bratspies, Surya Deva, Tore Henriksen, Robin Warner, Mary Turnipseed, Michael C. Blumm, Duncan E. J. Currie, Kristina M. Gjerde, Peter Sand, Mary C. Wood, Julie A. Hambrook Berkman, Ryke Longest, Gail Osherenko, Stephen E. Roady, Raphael D. Sagarin, Larry B. Crowder

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