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Human laws must be reformulated to keep human activities in harmony with the unchanging and universal laws of nature.´ This 1987 statement by the World Commission on Environment and Development has never been more relevant and urgent than it is today. Despite the many legal responses to various environmental problems, more greenhouse gases than ever before are being released into the atmosphere, biological diversity is rapidly declining and fish stocks in the oceans are dwindling. This book challenges the doctrinal construction of environmental law and presents an innovative legal approach to ecological sustainability: a rule of law for nature which guides and transcends ordinary written laws and extends fundamental principles of respect, integrity and legal security to the non-human world.

Analyses the shortcomings of environmental law and proposes remedies which will appeal to those interested in the gap between innumerable environmental laws and the reality of environmental degradation
Introduces new approaches and ideas intended to strengthen environmental protection by law and provides an overview of the state of constructive legal theories on environmental law
Uses examples and case law in order to illustrate the application of proposed reforms.



Description Contents Resources Courses About the Authors
Table of Contents
Part I. Environmental Law at the Cross-Roads: Achievements, Shortcomings and Challenges:
1. Twelve fundamental challenges in environmental law: an introduction to the concept of rule of law for nature Hans Christian Bugge
2. Rule of law for nature in a kaleidoscopic world Edith Brown Weiss
3. Evolved norms: a canon for the anthropocene Nicholas A. Robinson
Part II. A Rule of Law for Nature: Theories and Reflection:
4. Grounding the rule of law Klaus Bosselmann
5. The rule of nature´s law Cormac Cullinan
Part III. Designing a Rule of Law for Nature: New Dimensions and Ideas:
6. Eco-logical proportionality - an emerging principle of law for nature? Gerd Winter
7. Sustainable development and the rule of law for nature: a constitutional reading Louis Kotze
8. The principle of sustainable development: integration and ecological integrity Christina Voigt
9. The need to recognize a coherent legal system as an important element of the ecosystem approach Froukje M. Platjouw
10. An emerging legal principle to restore large scale ecoscapes Anastasia Telesetsky
11. Traditional norms and environmental law: the sub-Saharan African case study Chinweze Chizoba, Jideani Chukwuemeka and Gwen Z. Abiola-Oloke
Part IV. Nature´s Rights:
12. Rules of law for nature´s use and nonuse Jan G. Laitos
13. Realizing nature´s rule of law through rights of waterways Linda Sheehan
Part V. Procedural Dimensions of a Rule for Law for Nature:
14. Towards a new instrument for promoting sustainability beyond the EIA and SIA: the Holistic Impact Assessment Massimiliano Montini
15. Enforcing environmental responsibilities. An environmental perspective on the rule of law and administrative enforcement Annika K. Nilsson
16. Mechanisms for reviewing compliance with international environmental law open to private parties Christina Verones
Part VI. Rule of Law for Nature and the Role of Companies and Markets:
17. The green economy will not build the rule of law for nature Rebecca M. Bratspies
18. Taking nature seriously: can the UN guiding principles tame corporate profiteering? Surya Deva
Part VII. A Rule of Law for the Oceans:
19. Conservation of marine biodiversity and the International Maritime Organization Tore Henriksen
20. Implementing the rule of law for nature in the Global Marine Commons: developing environmental assessment frameworks Robin Warner
21. Using the public trust doctrine to achieve ocean stewardship Mary Turnipseed, Michael C. Blumm, Duncan E. J. Currie, Kristina M. Gjerde, Peter Sand, Mary C. Wood, Julie A. Hambrook Berkman, Ryke Longest, Gail Osherenko, Stephen E. Roady, Raphael D. Sagarin and Larry B. Crowder.