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The Foundations of the Aarhus Convention
This important new monograph offers an innovative new analysis of the Aarhus Convention. Environmental law is dense with monolithic concepts, from environmental democracy to intergenerational justice, from sustainable development to stewardship. Each concept generates its own mythology about what environmental law should aspire to. Sometimes these ideas become so big that we lose hold of their meaning and therefore what we allude to when we describe environmental law in such terms. No more so is this true than in relation to the Aarhus Convention – an ambitious instrument of environmental law that promotes public participation and access to justice in relation to the environment. Since its...
SMELL
Although somewhat marginal in relation to the other senses, smell is the most potent way of anchoring ourselves to the world. We subconsciously find our place in it by sniffing our body, the body of the one next to us, the room in which we are, the culture with which we are familiar. There is an incessant olfactory flow consisting of bodies, human and nonhuman, that are agents of generation, consumption, diffusion, reproduction and dissolution of odours. As they move or pause, as they cluster with others or try to move away, these bodies constantly partake in this olfactory flow, this dense planetary swirl that leaves nothing outside. The law aims at presenting itself as rational and objecti...
Law, Ecology, and the Management of Complex Systems
This book addresses the role of law in the adaptive management of socio-ecological systems. Recent years have witnessed a rise in discussion over the relation between adaptivity and law, as if after decades of insouciance, legal scholars have finally started to understand the impacts of the scientific paradigm called ‘adaptive management’ on the legal sphere. Even though the complicated relations between law and the adaptive management of socio-ecological systems have become more debated, a thorough examination of the scientific and theoretical fundamentals of such endeavours has yet to be presented. Using the illustrative example of European Union water governance and its path toward em...
Law, Time and Historical Injustices
This book provides a critical assessment of how judges reason in the adjudication of historical injustices. The practice of adjudication in historical cases of injustice require that, in determining collective responsibility, judges impart meaning to past injuries. This book analyses the narrative mechanisms through which this meaning is produced. Focusing on three areas of adjudication–racial discrimination, post-colonial extractivism and the climate crisis–the book’s analysis focuses on the issue of time. It considers the interplay of how historical injustice adjudication is shaped by temporal presuppositions and how it enacts a particular idea of temporality. As experiences of injus...
Research Handbook on Transnational Environmental Law
This illuminating Research Handbook offers a detailed overview and critical discussion of the key themes and perspectives that characterize the burgeoning research area of transnational environmental law. Varied perspectives from leading and emerging scholars are brought together to deliver methodological and conceptual frameworks for future research, whilst providing an original view on this emerging field of law.
Human Rights Approaches to Planetary Crises
This book analyses over 20 years of rights-based litigation in the areas of climate change and plastic pollution in order to assess the value of rights in confronting and overcoming planetary crises. We live in an age of planetary crises such as climate change, biodiversity loss, and plastic pollution, which take a huge toll on communities all around the world, endangering their fundamental interests. But can the lack of government action on these crises – or action that worsens them – amount to violations of human rights? Many courts are grappling with this question, as rights-based litigation becomes increasingly common. By focusing on climate change and plastic pollution as case studi...
Debating Climate Law
An innovative volume that covers all the common topics of climate law currently debated in the global academic community.
The Ethics of Exile
Exiles have long been transformative actors in their homelands: they foment revolution, sustain dissent, and work to create renewed political institutions and identities back home. Ongoing waves of migration ensure that they will continue to play these vital roles. Rather than focus on what exiles mean for the countries they enter--a perspective that often treats them as passive victims--The Ethics of Exile recognises their political and moral agency, and explores their rich and vital relationship to the communities they have left. It offers a rare view of the other side of the migration story. Engaging with a series of case studies, this book identifies the responsibilities and rights exile...
Intellectual Property, Climate Change and Technology
Exploring the potential for alignment as well as conflict between IP and climate change Intellectual Property, Climate Change and Technology encourages a coherent and integrated approach to decision making across the IP, climate change and technology landscape. This groundbreaking book identifies and challenges the lack of intersection between intellectual property law and climate change law at national level. p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial}
Posthuman Legalities
How might law address the multiple crises of meaning intrinsic to global crises of climate, poverty, mass displacements, ecological breakdown, species extinctions and technological developments that increasingly complicate the very notion of 'life' itself? How can law embrace — in other words —the 'posthuman' condition — a condition in which non-human forces such as climate change and Covid-19 signal the impossibility of clinging to the existing imaginaries of Western legal systems and international law? This carefully curated book addresses these and related questions, bringing 'law beyond the human' (drawing on Indigenous legalities, life ways and ontologies) and New Materialist and Posthuman/ist approaches into stimulating proximity to each other.
