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Environmental Constitutionalism in the Anthropocene
Values, Principles and Actions



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ISBN 9781032007175
April 4, 2022 Forthcoming by Routledge
304 Pages

 
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Book Description

This book examines the relationship between man and nature through different cultural approaches to encourage new environmental legislation as a means of fostering acceptance at a local level.

In 2019, the International Union of Geological Sciences (IUGS) recognized that we have entered a new era, the Anthropocene, specifically characterized by the impact of one species, mankind, on environmental change. Anthropocene is penetrating the discourse of both hard sciences and humanities and social sciences, by posing new epistemological as well as practical challenges to many disciplines. Legal sciences have so far been at the margins of this intellectual renewal, with few contributions on the central role that the notion of Anthropocene could play in forging a more effective and just environmental law. By applying a multidisciplinary approach and adopting a Law as culture paradigm to the study of law, this book explores new paths of investigation and possible solutions to be applied. New perspectives for the constitutional framing of environmental policies, rights, and alternative methods for bottom-up participatory law-making and conflict resolution are investigated, showing that environmental justice is not just an option, but an objective within reach.

The book will be essential reading for students, academics, and policymakers in the areas of Law, Environmental Studies and Anthropology.

Table of Contents

Introduction
(Domenico Amirante and Silvia Bagni)

Section I – Values

Chapter 1
Integral Ecology and Environmental Law in the Anthropocene: the perspective of the Catholic Church (Luigi Colella)

Chapter 2
Ecological Crisis: the Self, State and the Hindu Ethics (Rajnish Saryal)

Chapter 3 
Ubuntu as a Normative Value in the New Environmental World Order (Kyriaki Topidi)

Chapter 4 
Rights of Nature vs. Human Rights? An Urgent Shift of Paradigms (Ramiro Ávila Santamaría) 

Chapter 5
Environmental Ethics in Islam and Greener Shifts Away from Fossil Fuel Dependence in the Middle East (Zainab Lokhandwala) 

Chapter 6 
The Noble Eightfold Path in the Anthropocene: Buddhist Perspectives on Environmental Constitutionalism (Enrico Buono) 

Section II – Principles and Rules

Chapter 1 
From the Principles of International Environmental Law to Environmental Constitutionalism: Competitive or Cooperative Influences? (Pasquale Viola) 

Chapter 2 
Environmental constitutionalism through the lens of comparative law: new perspectives for the Anthropocene (Domenico Amirante)  

Chapter 3 
Ecosystem rights and the Anthropocene in Australia and Aotearoa New Zealand (Elizabeth Macpherson) 

Chapter 4 
The Animal as a Concern for a Renewed Analysis of the Legal Link Between Man and the Environment (Philippe Billet) 

Section III – Enforcement and Environmental Justice

Chapter 1 
Courting the Environment: Public Interest Litigation at the Bar of Environmental law (Maria Sarah Bussi) 

Chapter 2 
The enforcement of new environmental rights through the courts: problems and possible solutions (Silvia Bagni) 

Chapter 3 
Vanguardism and environmental justice developments in Colombia (Luis Armando Tolosa Villabona) 

Afterword
Final Rallying Call on the Brutal Realities of the Anthropocene and the Necessity of Cosmoprudence to Minimise Human Suffering (Werner Menski)

Index

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Editor(s)

Biography

Domenico Amirante is Full Professor of Italian and Comparative Public Law, Director of the Ph.D. Program in Comparative Law and Processes of Integration; Director of the Triennial Course in Political Science, Faculty of Political Science, University of Campania Luigi Vanvitelli. He was Director of the Ph.D. Program on Italian and Comparative Public and Environmental Law, University of Naples II from 2001 to 2010. He has been appointed as expert member within the project for the Global Pact for the Environment. He has also been appointed by the Italian Ministry of the Environment as expert member of the Commission for environmental amendments to the Italian Constitution.

Silvia Bagni is Associate Professor of Comparative Public Law, Faculty of Political and Social Science, University of Bologna. She has a PhD in Constitutional Law from the University of Bologna and a Masters in Bioethics from the UPRA, Rome. She is an Expert for the Harmony with Nature Program, Panel 1. Earth-centered Law, United Nations and member of the Alma Mater Research Institute on Global Challenges and Climate Change.