This is a ground-breaking exploration of the ever-evolving field of environmental jurisprudence, providing a comprehensive examination of key themes such as Environmental Law, Climate Law, European Law, Globalization, Indigenous Peoples, Right to Clean Environment, Environmental Litigation, Clean Energy, Sustainable Development, and Environmental Policy. Authored by leading experts in the field, this book serves as a vital resource for legal professionals, policymakers, academics, and anyone passionate about the intersection of law and environmental sustainability.
Foreworded by eminent and high stature legal scientist, Prof. Dr. Anatoly Getman, who is State honoured esteemed Rector of Ukraine’s the only National Law University in the name of Yaroslav the Wise, this book begins by dissecting the foundations of Environmental Law, offering a detailed analysis of international and domestic legal frameworks that shape environmental governance. It delves into the intricate web of treaties, conventions, and agreements that guide nations in their commitment to preserving the planet's health.
A significant focus is placed on Climate Law, exploring the legal mechanisms designed to address the urgent challenges of climate change. The book navigates through international climate agreements, domestic legislation, and the role of environmental courts in shaping policies aimed at mitigating and adapting to the impacts of a changing climate. In the context of European Law, the book investigates the specific legal frameworks within the European Union that govern environmental protection and sustainability. It explores landmark cases and legislative developments that have shaped the continent's approach to ecological conservation and climate action.
Globalization emerges as a key theme, with the book scrutinizing the legal implications of interconnected economies on environmental practices. It addresses the challenges and opportunities presented by the globalized nature of environmental issues, emphasizing the need for transnational cooperation and legal instruments. Indigenous Peoples' rights and their role in environmental governance are explored in depth, recognizing the unique perspectives and contributions of indigenous communities in environmental conservation. The book critically examines legal frameworks that safeguard indigenous knowledge and territories.
The Right to a Clean Environment is a fundamental principle underpinning the book's exploration. It discusses the evolution of this right and its implications for legal systems worldwide, emphasizing its role in shaping environmental policies and promoting justice. Environmental Litigation is scrutinized as a powerful tool for advocacy and accountability. The book analyses landmark environmental cases, shedding light on the role of the judiciary in influencing environmental policies and holding violators accountable. Clean Energy and Sustainable Development are discussed in the context of legal frameworks that promote the transition to environmentally friendly practices. The book examines the role of law in incentivizing clean energy initiatives and fostering sustainable development. Environmental Policy is a recurring theme throughout the book, with a focus on the development, implementation, and evaluation of policies aimed at addressing pressing environmental challenges.
Thus, the "Advances in Environmental Law" is a timely and authoritative work that not only captures the current state of environmental jurisprudence but also paves the way for future developments in the field. With its interdisciplinary approach and emphasis on global perspectives, this book is an invaluable resource for anyone seeking a deeper understanding of the intricate interplay between law, the environment, and sustainable development.
Excerpt:
The Right to a Clean Environment is a fundamental principle underpinning the book's exploration. It discusses the evolution of this right and its implications for legal systems worldwide, emphasizing its role in shaping environmental policies and promoting justice. Environmental Litigation is scrutinized as a powerful tool for advocacy and accountability. The book analyses landmark environmental cases, shedding light on the role of the judiciary in influencing environmental policies and holding violators accountable. Clean Energy and Sustainable Development are discussed in the context of legal frameworks that promote the transition to environmentally friendly practices. The book examines the role of law in incentivizing clean energy initiatives and fostering sustainable development. Environmental Policy is a recurring theme throughout the book, with a focus on the development, implementation, and evaluation of policies aimed at addressing pressing environmental challenges.
In Chapter 2, "The Ecosystem Approach in International Environmental Law before the Convention on Biological Diversity", by Yevhenii Suietnov, the author provides a comprehensive exploration of the origins and evolution of the ecosystem approach in the context of international environmental law. Suietnov's analysis involves a thorough examination of major international environmental agreements and incorporates the perspectives of prominent environmental scholars. The research establishes that well before the Convention on Biological Diversity came into existence, there was already substantial international consensus and support for addressing issues related to the protection and conservation of natural ecosystems. The agreements that were in place prior to the Convention laid a crucial foundation for the subsequent development of the ecosystem approach as a holistic and integrated concept. The chapter highlights the proactive stance taken by the international community in recognizing the importance of adopting measures to safeguard biodiversity and promote sustainable practices, setting the stage for the more detailed and focused framework provided by the Convention on Biological Diversity. This historical perspective enriches our understanding of the conceptual evolution leading to the formulation of the ecosystem approach within the broader context of international environmental law.
With the title, "Environmental Justice and Globalization: Putting a Focus on Indigenous Peoples and Local Community Rights and Perspectives" authored by Álvaro Augusto Sanabria-Rangel, the Chapter 3 undertakes a critical examination of the challenges faced by environmental and Indigenous rights defenders in Colombia, Peru, and Chile. The central theme revolves around the persistent obstacles to environmental justice, as viewed through the lens of social leaders actively engaged in safeguarding environmental and Indigenous rights. Sanabria-Rangel contends that the rights and interests of local communities and Indigenous Peoples often take a backseat due to development paradigms primarily centred on economic growth. This imbalance, characterized by a market-driven vision of development at the expense of local and Indigenous perspectives, gives rise to numerous impediments to meaningful participation, possibly rooted in post- colonial dynamics.
The research identifies seven specific challenges that environmental and Indigenous rights defenders confront in their pursuit of amplifying their voices and perspectives. These challenges encompass a range of issues, including the outright denial of binding mechanisms for participation, a lack of transparent information surrounding projects with significant environmental impacts, the reluctance of State actors to monitor extractive industries, limited access to environmental justice, insufficient recognition by local authorities (especially concerning Indigenous representatives), discrepancies in agreements between mining companies and local communities, and bureaucratic practices leading to judicial persecution, stigmatization, and threats to the lives of environmental and Indigenous leaders. Sanabria-Rangel's work sheds light on the multifaceted nature of the hurdles faced by those advocating for environmental justice, underscoring the urgency of addressing these issues within the broader context of globalization and development policies.