The 'Ecosystem Approach' in International Environmental Law
Title | The 'Ecosystem Approach' in International Environmental Law PDF eBook |
Author | Vito De Lucia |
Publisher | Routledge |
Total Pages | 272 |
Release | 2019-03-28 |
Genre | Law |
ISBN | 1351366521 |
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 In this last respect, the ecosystem approach is also often considered to offer an opportunity to move beyond the outdated anthropocentric framework underpinning much of international environmental law, thus helping re-think law in the Anthropocene.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.
Environmental Law and the Ecosystem Approach
Title | Environmental Law and the Ecosystem Approach PDF eBook |
Author | Froukje Maria Platjouw |
Publisher | Routledge |
Total Pages | 233 |
Release | 2016-05-05 |
Genre | Law |
ISBN | 1317293770 |
The ecosystem approach embodies a concept of the environment which emphasizes the integrated components of nature as complex adaptive systems. This book examines the relationship between the architecture and design of environmental law and the implementation of the ecosystem approach as a means to maintain ecological integrity. The main issue addressed is: in which manner and to what extent does fragmentation and administrative discretion in environmental law impede the implementation of an ecosystem approach? This is explored through analysis of several questions: what is an ecosystem approach and how could it be implemented; how can economic evaluation of ecosystem services contribute to the debate; to what extent is environmental law fragmented and how does this affect the implementation of the ecosystem approach; to what extent does environmental law contain administrative discretion and how does this affect the implementation of the ecosystem approach; is there a need for greater consistency, coherence and a stronger rule of law in environmental law in light of the ecosystem approach? The main focus is on Europe, with additional international comparisons where appropriate. The book concludes by providing a normative portrayal of future environmental law as protective, systemic and predictable.
An Ecological Approach to International Law
Title | An Ecological Approach to International Law PDF eBook |
Author | Prue Taylor |
Publisher | Routledge |
Total Pages | 461 |
Release | 2008-01-28 |
Genre | Science |
ISBN | 1134715862 |
An Ecological Approach to International Law shows that international environmental law is fundamentally flawed and not equipped to meet global challenges. The book examines international legal responses to global climate change by analysing key concepts such as the doctrine of state sovereignty, the law on state responsibility, environmental rights and common heritage of mankind.
Competing Narratives and Complex Genealogies
Title | Competing Narratives and Complex Genealogies PDF eBook |
Author | Vito De Lucia |
Publisher | |
Total Pages | |
Release | 2015 |
Genre | |
ISBN |
The ecosystem approach, broadly understood as a legal and governance 'strategy for the integrated management of land, water and living resources' is being increasingly adopted within a wide variety of international environmental legal regimes. From freshwater to oceans, from biodiversity to fisheries, from Antarctica to climate adaptation, the approach 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. Responding to hopes of arresting, and reversing, the increasingly negative trends of resource depletion and ecological degradation affecting most ecosystems in the world, the ecosystem approach promises to 'protect the environment, maintain healthy ecosystems, preserve biological diversity, and achieve sustainable development', all at once. This article problematises the ecosystem approach in order to highlight its complex genealogies, and its contested and slippery character, which makes it susceptible to discursive capture by competing narratives.
The Greening of Industrial Ecosystems
Title | The Greening of Industrial Ecosystems PDF eBook |
Author | National Academy of Engineering |
Publisher | National Academies Press |
Total Pages | 270 |
Release | 1994-01-01 |
Genre | Science |
ISBN | 0309049377 |
In the 1970s, the first wave of environmental regulation targeted specific sources of pollutants. In the 1990s, concern is focused not on the ends of pipes or the tops of smokestacks but on sweeping regional and global issues. This landmark volume explores the new industrial ecology, an emerging framework for making environmental factors an integral part of economic and business decision making. Experts on this new frontier explore concepts and applications, including: Bringing international law up to par with many national laws to encourage industrial ecology principles. Integrating environmental costs into accounting systems. Understanding design for environment, industrial "metabolism," and sustainable development and how these concepts will affect the behavior of industrial and service firms. The volume looks at negative and positive aspects of technology and addresses treatment of waste as a raw material. This volume will be important to domestic and international policymakers, leaders in business and industry, environmental specialists, and engineers and designers.
Preservation of Ecosystems of International Watercourses and the Integration of Relevant Rules
Title | Preservation of Ecosystems of International Watercourses and the Integration of Relevant Rules PDF eBook |
Author | Lee Jing |
Publisher | Martinus Nijhoff Publishers |
Total Pages | 447 |
Release | 2014-07-17 |
Genre | Law |
ISBN | 9004268391 |
In Preservation of Ecosystems of International Watercourses and the Integration of Relevant Rules: An Interpretative Mechanism to Address the Fragmentation of International Law, Lee Jing takes an innovative approach to developing an international legal framework for preserving ecosystems. Deploying Article 31(3)(c) of the 1969 Vienna Convention an analytical framework is devised that examines ‘the ecosystem approach’ under international law through the prism of Article 20 of the UN Watercourses Convention. The analysis provides an enhanced normative scope and content for the UN Watercourses Convention’s approach to the obligation to preserve, taking into account contemporary developments in international law. The work demonstrates the full potential of the Vienna Convention’s Article 31(3)(c) as an integration tool in addressing the fragmentation of international law.
Ecological Restoration in International Environmental Law
Title | Ecological Restoration in International Environmental Law PDF eBook |
Author | Anastasia Telesetsky |
Publisher | Taylor & Francis |
Total Pages | 329 |
Release | 2016-12-01 |
Genre | Law |
ISBN | 1317633679 |
Human activities are depleting ecosystems at an unprecedented rate. In spite of nature conservation efforts worldwide, many ecosystems including those critical for human well-being have been damaged or destroyed. States and citizens need a new vision of how humans can reconnect with the natural environment. With its focus on the long-term holistic recovery of ecosystems, ecological restoration has received increasing attention in the past decade from both scientists and policymakers. Research on the implications of ecological restoration for the law and law for ecological restoration has been largely overlooked. This is the first published book to examine comprehensively the relationship between international environmental law and ecological restoration. While international environmental law (IEL) has developed significantly as a discipline over the past four decades, this book enquires whether IEL can now assist states in making a strategic transition from not just protecting and maintaining the natural environment but also actively restoring it. Arguing that states have international duties to restore, this book offers reflections on the philosophical context of ecological restoration and the legal content of a duty to restore from an international law, European Union law and national law perspective. The book concludes with a discussion of several contemporary themes of interest to both lawyers and ecologists including the role of private actors, protected areas and climate change in ecological restoration.