1st Edition
Ecological Systems Integrity Governance, law and human rights
Environmental law and governance are the cornerstones of global efforts to conserve the environment, protect resources and ensure fair and equitable outcomes for all of the planet's inhabitants. This book presents a series of thought-provoking chapters which consider the place of governance and law in the defence against imminent and ongoing threats to ecological, social and cultural integrity.
Written by an international team of both established and early-career scholars from various disciplines and backgrounds, the chapters cover the most pressing and contemporary issues in environmental law and governance. These include access and benefit-sharing; the right to food and water; climate change coping and adaptation; human rights; the rights of indigenous communities; public and environmental health; and many more. The book has a general focus on environmental governance and law in the European Union and offers points of comparison with Canada and North and South America.
Part 1: Biological Integrity, Ecology and the Law
1. Environmental and Ecological Concerns in Europe and North America Contrasted
Laura Westra
2. Access to Genetic Resources and Traditional Knowledge and the Fair Sharing of Benefits: The Way Forward in the EU
Sandra Jen
3.A Regional Alternative to the Ineffective Global Response to Biological Invasions: the Case of the European Union
Donato Gualtieri
4. Redefining the Relationship between CBD (Convention on Biological Diversity) and the TRIPS Agreement: The First Step towards Confronting Biopiracy?
Anastasia Fotinakopoulou
5. The Emerging Right to Land in new Soft Law Instruments
Margherita Brunori
Part 2: The Right to Water and to Food – Climate Change
6 Right to Water: Intersection between International and Constitutional Law
Antonio D'Aloia
7. Law and the Provision of Water for Megacities
Joseph W. Dellapenna
8. A Critique of Subsidies for Industrial Livestock Production in the EU and the US
Constanz Frank Oster
9. Promoting the Ecological Sustainability of Climate Change Related Investments through the Holistic Impact Assessment (HIA)
Massimiliano Montini
Part 3: Environmental Legal Issues in Europe and Beyond
10. Evaluation and Development of Small Island Communities with Special Reference to Uninhabited Insular Areas
Grigoris Tsaltas, Alexopoulos Aristotelis, Gerasimos Rodotheatos and Tilemachos Bourtzis
11. Access to Justice in Environmental Matters in the EU Legal Order: Is there a Need for a More Coherent and Harmonized Approach?
Vasiliki (Vicky) Karageorgou
12. Unconventional Gas Mining: what a Fracking Story! Policy, Regulation and Law
Janice Gray
13. Hidden and Indirect Effects of War and Political Violence
Yuliya Lyamzina
14. Commonly Unrecognized Benefits of a Human Rights Approach to Climate Change
Benjamin A. Brown and Donald A. Brown
15. Reconciliation and the Indian Residential School Settlement: Canada’s Coming of Age?
Kathleen Mahoney
Part 4: Democracy, Ecological Concerns and the Perils of Environmental Defence
16. Public Health and Environmental Health Risk Assessment: Which Paradigm and in Whose Best Interests?
Colin L. Soskolne
17. Radical Changes in Canadian Democracy for Ecology and the "Public Good"
Peter Venton
18. Corporate Media, Ecological Challenges and Social Upheaval
Rose A. Dyson
19. A Complex Adaptive Legal System for the Challenges of the Anthropocene
Geoffrey Garver
20. Seeking Justice in a Land without Justice: The Application of Anti-Corruption Principles to Environmental Law
Kathryn Gwiazdon
21. Environmental Defenders: The Green Peaceful Resistance
Susana Borràs and Antoni Pigrau
22. Mind the Gap: State Governance and Ecological Integrity
Klaus Bosselmann
Biography
Laura Westra is professor emerita (philosophy), University of Windsor, Canada, a sessional instructor at the Faculty of Law, University of Milano (Bicocca), Italy, and visiting professor at the University of Trento, Italy.
Janice Gray is senior lecturer at UNSW Law, University of New South Wales, Australia.
Vasiliki (Vicky) Karageorgou is assistant professor in European Administrative and Environmental Law at the Panteion University of Social and Political Sciences in Athens, Greece.