Hardback
The Lens of Ecological Law
A Look at Mining
9781839102127 Edward Elgar Publishing
Containing an in-depth study of the emerging theory and core of ecological law, this book insightfully proposes a ''lens of ecological law'' through which the disparity between current laws and ecological law can be assessed. The lens consists of three principles: ecocentrism, ecological primacy and ecological justice. These principles are used within the book to explore and analyse the challenges and opportunities related to the transition to ecological law and to examine three key mining case studies.
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Critical Acclaim
Contents
More Information
Containing an in-depth study of the emerging theory and core concepts of ecological law, this book insightfully proposes a ''lens of ecological law'' through which the disparity between current laws and ecological law can be assessed. The lens consists of three principles: ecocentrism, ecological primacy and ecological justice. These principles are used within the book to explore and analyse the challenges and opportunities related to the transition to ecological law and to examine three key mining case studies.
This thought-provoking book argues that ecological law should develop a needs-based approach to mining coupled with an ecological integrity standard in support of the effort to build a convivial and ecologically just society. This book''s innovative approach treats ecological law as an emerging discipline by summarizing and discussing key aspects of its theory, including its foundations in science and critiques of economic growth; the core ideas from its foundational scholars; how to define it; and how it relates to Indigenous legal traditions and green legal theory.
The Lens of Ecological Law will appeal to scholars and students in the fields of environmental and ecological law, sustainability and natural resources, whilst also being of interest to readers concerned with extractivism.
This thought-provoking book argues that ecological law should develop a needs-based approach to mining coupled with an ecological integrity standard in support of the effort to build a convivial and ecologically just society. This book''s innovative approach treats ecological law as an emerging discipline by summarizing and discussing key aspects of its theory, including its foundations in science and critiques of economic growth; the core ideas from its foundational scholars; how to define it; and how it relates to Indigenous legal traditions and green legal theory.
The Lens of Ecological Law will appeal to scholars and students in the fields of environmental and ecological law, sustainability and natural resources, whilst also being of interest to readers concerned with extractivism.
Critical Acclaim
‘The opportunities for examining or re-examining the ecological values underpinning our laws to promote ecological justice, is at the heart of the author’s exploration. It is a commendable effort. This book is a useful addition to the emerging discourse on ecological law and offers a new methodological tool to explore and further refine.’
– Roopa Madhav, Law, Environment and Development Journal
‘Carla Sbert''s book, The Lens of Ecological Law, is a foundational text for the emerging field of ecological law and governance. Not only is it the first book to offer an expansive overview and analysis of the principles of ecological law, but it applies those principles to one of the most pertinent industries to existing environmental law – the extractive industry. This book is crucial reading for academics and practitioners that seek to address the systemic and institutional flaws of existing environmental law, and their search towards a more responsive, sustainable, and just system of governance that better protects our interconnected, interdependent world.’
– Kathryn Gwiazdon, Center for Environmental Ethics and Law, US
‘”Ecological law” reframes “environmental law” and this book shows its theoretical and practical superiority. Through the lens of ecological law, we can clearly see why traditional environmental laws have failed and how domestic and international law must be advanced to protect and restore the integrity of ecological systems, for example, in the context of mining. The book is an impressive testimony to the fact that a just, sustainable society is possible and, crucially, how it can be achieved.’
– Klaus Bosselmann, University of Auckland, New Zealand
– Roopa Madhav, Law, Environment and Development Journal
‘Carla Sbert''s book, The Lens of Ecological Law, is a foundational text for the emerging field of ecological law and governance. Not only is it the first book to offer an expansive overview and analysis of the principles of ecological law, but it applies those principles to one of the most pertinent industries to existing environmental law – the extractive industry. This book is crucial reading for academics and practitioners that seek to address the systemic and institutional flaws of existing environmental law, and their search towards a more responsive, sustainable, and just system of governance that better protects our interconnected, interdependent world.’
– Kathryn Gwiazdon, Center for Environmental Ethics and Law, US
‘”Ecological law” reframes “environmental law” and this book shows its theoretical and practical superiority. Through the lens of ecological law, we can clearly see why traditional environmental laws have failed and how domestic and international law must be advanced to protect and restore the integrity of ecological systems, for example, in the context of mining. The book is an impressive testimony to the fact that a just, sustainable society is possible and, crucially, how it can be achieved.’
– Klaus Bosselmann, University of Auckland, New Zealand
Contents
Contents: 1. Introduction: How Far to Ecological Law? A Look at Mining through the Lens of Ecological Law Part 1 – The Emerging Theory of Ecological Law 2. Underpinnings of Ecological Law 3. Converging Proposals for a New Approach: Selected Foundational Scholarship on Ecological Law 4. Defining Ecological Law 5. The Ecological Law Paradigm Shift 6. Ecological Law and Indigenous Legal Traditions 7. Ecological Law and Green Legal Theory Part II – The Lens of Ecological Law 8. What Qualifies as a Principle of Ecological Law for Purposes of the Lens of Ecological Law? 9. The Lens of Ecological Law: Three Core Principles Part III – Mining Case Studies through the Lens of Ecological Law 10. Introduction to Case Studies 11. El Salvador’s Metal Mining Ban through the Lens of Ecological Law 12. Mining in Canada’s Ring of Fire through the Lens of Ecological Law 13. Mining, Rights of Nature and Suma Qamaña/Vivir Bien in Bolivia through the Lens of Ecological Law 14. Conclusion Index
