Environmental Law Disrupted

To date, U.S. law has largely served as an obstacle to an honest assessment of our preparedness to face the climate change challenge. Given that society has become comfortable amidst mild climatic conditions, and given a pervasive reluctance to change, extreme and abrupt climatic changes will hit hard. Our current legal structure maintains a dangerous status quo and it is time to unleash the potential of communities and the private sector to produce innovative solutions. This book, the fourth in a series by the Environmental Law Collaborative, addresses disruption from a variety of influences and perspectives. Some essays consider the disruptive effects of environmental changes on human and ecological safety, security, and well-being, suggesting that the impacts of climate changes are not accounted for in the current legal system. Some identify key changes needed to respond to climatic challenges, social inequities, and dwindling grey and green resources. Others deconstruct social, political, and professional frameworks to understand how such influences might be used to disrupt the current regime, or even ones where expectations are being disrupted with the endorsement of law. Taken together, these essays provide an understanding of the cause, effect, and opportunity that environmental disruption presents in the climate change era.

The fall of the Soviet Union was a transformative event for the national political economies of Eastern Europe, leading not only to new regimes of ownership and development but to dramatic changes in the natural world itself. This painstakingly researched volume focuses on the emblematic case of postsocialist Romania, in which the transition from collectivization to privatization profoundly reshaped the nation’s forests, farmlands, and rivers. From bureaucrats abetting illegal deforestation to peasants opposing government agricultural policies, it reveals the social and political mechanisms by which neoliberalism was introduced into the Romanian landscape.

Discussing how intellectual property (IP) rights play a role in tackling the challenge of securing sustainable development, renowned scholars consider how the core objective of IP rights to promote innovation and development of new knowledge aligns with the UN Sustainable Development Goals (SDGs). This timely and thought-provoking book provides an in-depth analysis of the multi-faceted interface between this core objective and the SDGs and argues for sustainable markets as an overreaching and contextual approach to the role of IP rights in tackling the challenges of the UN SDGs.

Faced with environmental challenges which are becoming more serious, urgent, and global, international law has emerged as an essential instrument for State cooperation and as an influential element in the harmonization and revitalization of domestic laws. At the same time, international law has had to adapt: law-making has become more innovative and fresh mechanisms for implementation have been created. Over the last 30 years, international environmental law has therefore experienced significant normative and institutional change. This book emphasizes these changes, showing how environmental challenges have shaken, and sometimes transformed, the core categories and concepts of international law. Thus, in addition to being a book about environmental law, this is a work which also charts the way in which international protection of the environment has disrupted general international law. The book is the fruit of a longstanding collaborative project carried out at the Center for International and European Studies and Research (CERIC). Proceedings of an international symposium held under the aegis of the French Society for International Law in Aix-en-Provence in June 2009 drew the first conclusions and was previously published in French: Le droit face aux enjeux environnementaux (Paris, Pedone, 2010). This English text examines and extends upon the lessons learned.

'Climate Change and Indigenous Peoples offers the most comprehensive resource for advancing our understanding of one of the least coherently developed of climate change policy realms – legal protection of vulnerable indigenous populations. The first part of the book provides a tremendously useful background on the cultural, policy, and legal context of indigenous peoples, with special emphasis on developing general principles for climate change mitigation and adaptation solutions. The remainder of the volume then carefully and thoroughly works through how those general principles play out for different regional indigenous populations around the globe. All of the contributions to the volume are by leading experts who bring their insights and innovative thinking to bear on a truly complex subject. Whether as a novice's starting point or expert's desktop reference, I cannot think of a more useful resource for anyone interested in climate policy for indigenous peoples.' – J.B. Ruhl, Vanderbilt University Law School, US 'In Climate Change and Indigenous Peoples, editors Randy Abate and Elizabeth Kronk have assembled a truly comprehensive and informative look at the special issues that indigenous peoples face as a result of climate impacts and an overview of the law – international and domestic, climate change and human rights, substantive and procedural – that applies to those issues. One of the great strengths of the book is that no group of indigenous people is made to stand proxy for all the others; instead, after exploring the general issues facing all indigenous peoples and the general legal strategies they use, the book focuses most of its attention on the specific climate change issues that confront particular groups – South American indigenous peoples; the various tribes of Native Americans in the US; the indigenous peoples of the Arctic, collectively as well as in respect to particular Arctic countries; Pacific Islanders; indigenous peoples in Asia; the various groups of Aborigines and Torres Islanders in Australia; the Maori on New Zealand; and several tribes in Kenya, Africa. For people interested in climate change and climate change adaptation, this book provides a unique overview of the special vulnerabilities and plights of indigenous peoples, issues that must be considered as the world works to formulate effective and protective climate change adaptation policies. For people interested in indigenous peoples and international human rights, this book paints a grim picture of the various ways in which climate change threatens this very diverse group of cultural entities and the deep knowledge of place that they usually possess, while at the same time offering hope that the law can find ways to keep them from disappearing – and, indeed, that indigenous peoples might just help the rest of us to survive, as well.' – Robin Kundis Craig, University of Utah S.J. Quinney College of Law, US 'It is one of the world's cruelest ironies that some of the earliest effects of climate change are being felt by indigenous populations around the world, even though they contributed no more than trivial amounts of the greenhouse gases that are at the root of much of the problem, and they are so politically and economically powerless that they played no role in the decisions that have led to their plight. At the same time, many of these populations are victimized by certain actions designed to reduce emissions, such as land clearing for biofuels cultivation, and restrictions on forest use. Professors Abate and Kronk have assembled a formidable collection of experts from around the world who demonstrate the diversity of challenges facing these indigenous peoples, and the opportunities and challenges in using various international and domestic legal tools to seek redress. This book will be an invaluable resource for all those examining the legal remedies that may be available, either now or as the law develops in the years to come.' – Michael B. Gerrard, Columbia Law School, US This timely volume explores the ways in which indigenous peoples across the world are challenged by climate change impacts, and discusses the legal resources available to confront those challenges. Indigenous peoples occupy a unique niche within the climate justice movement, as many indigenous communities live subsistence lifestyles that are severely disrupted by the effects of climate change. Additionally, in many parts of the world, domestic law is applied differently to indigenous peoples than it is to their non-indigenous peers, further complicating the quest for legal remedies. The contributors to this book bring a range of expert legal perspectives to this complex discussion, offering both a comprehensive explanation of climate change-related problems faced by indigenous communities and a breakdown of various real world attempts to devise workable legal solutions. Regions covered include North and South America (Brazil, Canada, the US and the Arctic), the Pacific Islands (Fiji, Tuvalu and the Federated States of Micronesia), Australia and New Zealand, Asia (China and Nepal) and Africa (Kenya). This comprehensive volume will appeal to professors and students of environmental law, indigenous law and international law, as well as practitioners and policymakers with an interest in indigenous legal issues and environmental justice.

While governments assert that Canada is a world leader in sustainability, Unnatural Law provides extensive evidence to refute this claim. A comprehensive assessment of the strengths and weaknesses of Canadian environmental law, the book provides a balanced, critical examination of Canada's record, focusing on laws and policies intended to protect water, air, land, and biodiversity. Three decades of environmental laws have produced progress in a number of important areas, such as ozone depletion, protected areas, and some kinds of air and water pollution. However, Canada's overall record remains poor. In this vital and timely study, David Boyd explores the reasons why some laws and policies foster progress while others fail. He ultimately concludes that the root cause of environmental degradation in industrialized nations is excessive consumption of resources. Unnatural Law outlines the innovative changes in laws and policies that Canada must implement in order to respond to the ecological imperative of living within the Earth's limits. The struggle for a sustainable future is one of the most daunting challenges facing humanity in the 21st century. Everyone - academics, lawyers, students, policy-makers, and concerned citizens - interested in the health of the Canadian and global environments will find Unnatural Law an invaluable source of information and insight. For more information on Unnatural Law visit David Boyd's site, www.unnaturallaw.com.

This cutting-edge book invites readers to rethink environmental law and its critical role in ensuring a sustainable future for all. Illustrating narratives of successful developments in environmental law, contributors draw out key lessons and practices for effective reform and highlight opportunities by which we can respond to environmental challenges facing the planet.