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This book examines how nature is constructed through law, building on the constructivist concept that 'nature' is a self-perpetuating, self-reinforcing social creation.
Has the concept of sustainability as we know it reached the end of its useful life? It is a term that means many things to many people, but it has been a positive driving force across all levels of society in a broad-based effort--either through laws and treaties or voluntary action--to keep our planet and our people healthy. But none of those efforts have managed to prevent climate change. It's a reality that's here to stay, and it's bigger than we would have imagined even 20 years ago. This volume presents a collection of papers from experts in the field articulating a wide range of thoughtful ways in which various conceptions of sustainability need to be re-examined, refined, or articulat...
We (as humans subject to climate change) have been unsuccessful at using law to address climate change. Our use of law to engage individuals, industry, and states in climate mitigation has appeared as a drip rather than the flood that is needed. Climate adaptation efforts have likewise been lackluster, when engaged at all, and have lacked support of law. Law must play some role in our response to climate change, even if social, economic, and ecological disruptions serve as the catalyst that gets us there.The essays in this collaborative collection address disruption from a variety of influences and perspectives. Some essays consider the disruptive effects of environmental changes on human an...
In 2011, a handful of young environmental law professors strategized on ways to bring together academics to share their research and collaborate on important environmental issues of the day. The vision led to the founding of the Environmental Law Collaborative (ELC). Inspired by early conferences at Airlie House, the group created a forum to bring together our fellow researchers to discuss and make progress on pressing environmental concerns. The Environmental Law Collaborative facilitates dialog among thought leaders on sustainable policy priorities, practical implementation strategies, assessment mechanisms, and cooperative analysis of science, economics, and ethics. This preface launches ...
In the early decades of modern environmental law, local governments retained their prerogative over community design and other essentially local matters, but were largely excluded from the debate on national environmental policy. More recently, environmental lawyers have reignited the question of how and where the local government regulation of land use impacts intersects with environmental quality. It is interesting to note that as the national dialogue has turned to the important role of local governments in achieving our environmental quality goals, there has been a corresponding emergence of an "ecosystem services" approach to understanding nature. It is more interesting to note how many...
On April 20, 2010, an explosion on the Deepwater Horizon oil rig resulted in the release of substantial amounts of oil into the Gulf of Mexico, threatening the viability of some of the world's most essential ecosystems. Due to both the scale of the damage and the circumstances regarding the risks involved, the event has been appropriately labeled as a disaster. However, the Deepwater Horizon incident has also mobilized a large-scale investigation into the living technology through which the Gulf of Mexico and its ecosystems provide essential, life-supporting ecosystem services. This essay explores the manner in which environmental disasters require us to adapt our understanding of nature to a changed environment, forcing us to face the loss of valuable services provided by functioning ecosystems. This essay discusses the role of environmental disasters in the development of environmental law, then focuses on the opportunities provided by ecosystem services research in calculating the ecological, social, and economic value of natural resources impaired in such circumstances.
This comprehensive Research Handbook sets out a systematic analysis of the Paris Agreement taking into account developments since it entered into force in 2016. It explores the treaty’s capacity, as an instrument of international law, to compel state action to address the universal threat of climate change.
This thoroughly revised Research Handbook on Climate Change Adaptation Law brings together leading scholars in the field to summarise and assess key topics including tort and insurance law, disaster law, water law and marine law as well as biodiversity law and pollution control.
This significant book addresses the most important legal issues that cities face when attempting to adapt to the changing climate. This includes how to become more resilient against the impacts of climate change such as sea level rise, increases in the intensity and frequency of storms, floods, droughts, and extreme temperatures.