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Environmental Constitutionalism in the Anthropocene

Environmental Constitutionalism in the Anthropocene
Author: Domenico Amirante
Publisher: Routledge
Total Pages: 285
Release: 2022-04-03
Genre: Law
ISBN: 1000567427

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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) recognised that we have entered a new era, the Anthropocene, specifically characterised by the impact of one species, mankind, on environmental change. The 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.


Global Environmental Constitutionalism in the Anthropocene

Global Environmental Constitutionalism in the Anthropocene
Author: Louis J Kotzé
Publisher: Bloomsbury Publishing
Total Pages: 304
Release: 2016-09-22
Genre: Law
ISBN: 1509907610

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There is persuasive evidence suggesting we are on the brink of human-induced ecological disaster that could change life on Earth as we know it. There is also a general consensus among scientists about the pace and extent of global ecological decay, including a realisation that humans are central to causing the global socio-ecological crisis. This new epoch has been called the Anthropocene. Considering the many benefits that constitutional environmental protection holds out in domestic legal orders, it is likely that a constitutionalised form of global environmental law and governance would be better able to counter the myriad exigencies of the Anthropocene. This book seeks to answer this central question: from the perspective of the Anthropocene, what is environmental constitutionalism and how could it be extrapolated to formulate a global framework? In answering this question, this book offers the first systematic conceptual framework for global environmental constitutionalism in the epoch of the Anthropocene.


Implementing Environmental Constitutionalism

Implementing Environmental Constitutionalism
Author: Erin Daly
Publisher: Cambridge University Press
Total Pages: 254
Release: 2018-05-31
Genre: Law
ISBN: 1316730875

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Constitutions can play a central role in responding to environmental challenges, such as pollution, biodiversity loss, lack of drinking water, and climate change. The vast majority of people on earth live under constitutional systems that protect the environment or recognize environmental rights. Such environmental constitutionalism, however, falls short without effective implementation by policymakers, advocates and jurists. Implementing Environmental Constitutionalism: Current Global Challenges explains and explores this 'implementation gap'. This collection is both broad and deep. While some of the essays analyze crosscutting themes, such as climate change and the need for rule of law that affect the implementation of environmental constitutionalism throughout the world, others delve deeply into geographically contextual experiences for lessons about how constitutional environmental law might be more effectively implemented. This volume informs global conversations about whether and how environmental constitutionalism can be made more effective to protect the natural environment.


Environmental Human Rights in the Anthropocene

Environmental Human Rights in the Anthropocene
Author: Walter F. Baber
Publisher: Cambridge University Press
Total Pages: 237
Release: 2023-03-31
Genre: Law
ISBN: 1316510778

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An overview of environmental human rights, and the complexities of uniting human rights advocacy and environmental protection.


Global Environmental Constitutionalism

Global Environmental Constitutionalism
Author: James R. May
Publisher: Cambridge University Press
Total Pages: 427
Release: 2015
Genre: Business & Economics
ISBN: 1107022258

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Reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water, and land and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights, and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.


Environmental Constitutionalism in the Anthropocene

Environmental Constitutionalism in the Anthropocene
Author: Aneta Tyc
Publisher:
Total Pages: 0
Release: 2021
Genre: Business & Economics
ISBN: 9781032007236

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"This book provides a set of proposals for how to best guarantee effective enforcement of labour rights under difficult circumstances. The linkage between labour standards and global trade has been recurrent for some 200 years. At a time when the world is struggling to find a way out of crisis and is striving for economic growth, more than ever there is a need for up-to-date research on how to protect and promote labour rights in the global economy. This book explores the history of the field and also provides an overview of emerging trends and opportunities. It discusses the most recent problems including: the effectiveness and the role of the ILO in the second century of its existence, the WTO and its potential relevance in the protection of labour rights, the effectiveness of the US and the EU Generalised System of Preferences, the impact of CSR instruments on labour rights, and labour provisions in the international trade agreements concluded by the US and the EU. The book argues, inter alia, that trade agreements seem to be a useful tool to help pave the way out of the crisis and that the USMCA can be perceived as a model agreement and a symbol of a shift in perspective from long global supply chains to a focus on regional ones, local production, jobs, and a rise in wages"--


Transformative Environmental Constitutionalism

Transformative Environmental Constitutionalism
Author: Melanie Murcott
Publisher: BRILL
Total Pages: 270
Release: 2022-10-24
Genre: Law
ISBN: 9004509402

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In Transformative Environmental Constitutionalism, Professor Melanie Jean Murcott writes from a Global South perspective, drawing on South African context to provide a transformative theoretical framework for adjudication of environmental law disputes which could be more responsive to social, environmental, and climate injustices.


The Ecological Constitution

The Ecological Constitution
Author: Lynda Collins
Publisher: Routledge
Total Pages: 114
Release: 2021-05-20
Genre: Law
ISBN: 1000418316

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The Ecological Constitution integrates the insights of environmental constitutionalism and ecological law in a concise, engaging and accessible manner. This book sets out the necessary components of any constitution that could be considered "ecological" in nature. In particular, it argues that an ecological constitution is one that codifies the following key principles, at a minimum: the principle of sustainability; intergenerational equity and the public trust doctrine; environmental human rights; rights of nature; the precautionary principle and non-regression; and rights and obligations relating to a healthy climate. In the context of the global environmental crisis that characterises the current Anthropocene era, these principles are important tools for changing consciousness and driving pragmatic policy reforms around the world. Re-imagining constitutions along these lines could play a vital role in the collective project of building a sustainable future for humans, animals, ecosystems and the biosphere we all share. This book will be of great interest to students and scholars of environmental law, ecological law, environmental constitutionalism, sustainability and rights of nature.


Research Handbook on Global Climate Constitutionalism

Research Handbook on Global Climate Constitutionalism
Author: Jordi Jaria-Manzano
Publisher: Edward Elgar Publishing
Total Pages: 352
Release: 2019-12-27
Genre: Law
ISBN: 1788115813

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Climate change is causing traditional political and legal concepts to be revisited. The emergence of a global polity through physical, economic and social interaction demands global responses which should be founded upon new principles and which cannot simply be modelled on traditional constitutionalism centred on the nation-state. This Research Handbook explores how to build this climate constitutionalism at a global level, starting from the narrative of Anthropocene and its implications for law. It provides a critical approach to global environmental constitutionalism, analysing the problems of sustainability and global equity which are entwined with the causes and consequences of climate change. The Handbook explores how to develop constitutional discourses and strategies to address these issues, and thereby tackle the negative effects of climate change whilst also advancing a more sustainable, equitable and responsible global society.