1st Edition
Environmental Law and the Ecosystem Approach Maintaining ecological integrity through consistency in law
1.Introduction
1.1 A Novel and Transdisciplinary Approach
1.2 Objectives and Chronology
1.3 Delimitations
1.4 Key Concepts
1.5 References
2. The Ecosystem Approach: Its Understanding and Legal Development
2.1 Understanding the Ecosystem Approach
2.2 Legal Development of the Ecosystem Approach
2.3 In sum
2.4 References
3. Ecosystems as Subjects of Environmental Law: Their Complexity and Integrity
3.1 Ecosystems as Complex Adaptive Systems
3.2 The Objective of Ecosystem Integrity and its Primacy
3.3 In Sum
3.4 References
4. Ecosystem Services Valuation: Usage and Challenges
4.1 The Rationale for Valuation in Light of the Ecosystem Approach
4.2 The Economic Values of Ecosystem Services
4.3 Economic Valuation Methods
4.4 The Difficulties and Controversies Surrounding Economic Valuation
4.5 Where do we stand?
4.6 References
5. Fragmentation in Environmental Law
5.1 Environmental Law and its Fragmentation
5.2 Dimensions of Fragmentation
5.3 Why is there Fragmentation?
5.4 Consequences for the Protection of Ecosystems
5.5 References
6. Administrative Discretion in Environmental Law
6.1 What is Discretion?
6.2 Forms of Discretion
6.3 Rationales behind Discretion in Environmental Law
6.4 Consequences for the Protection of Ecosystems
6.5 The Interrelationship between Fragmentation and Discretion
6.6 The Need for Strong Substantive Rules
6.7 Conclusion
6.8 References
7. An Illustration of the Problem: Offshore Petroleum Exploitation in the North Sea Ecosystem
7.1 Description of the Activity and Ecological Impacts
7.2 Norway’s Legal Framework to Petroleum Exploitation
7.3 Balancing Values in the Decision-Making Process
7.4 Conclusion
7.5 References
8. Towards Consistency, Coherence and a Stronger Rule of Law
8.1 Inconsistency as Undesirable
8.2 Towards Consistency in Environmental Law
8.3 Forms of Consistency Necessary in Environmental Law
8.4 Appropriate Level of Consistency to be Pursued?
8.5 Conclusion: The Future Role of Environmental Law
8.6 References
9. Conclusion
Biography
Froukje Maria Platjouw is a Research Scientist in the Section for Water and Society at the Norwegian Institute for Water Research (NIVA), Oslo, Norway. She was previously a Research Fellow in the Department of Public and International Law at the University of Oslo, Norway.
