Overview

This cutting-edge book considers the functional inseparability of risk and innovation within the context of environmental law and governance. Analysing both ‘hard’ and ‘soft’ innovation, the book argues that approaches to socio-ecological risk require innovation in order for society and the environment to become more resilient. In addition to risk and innovation, this book also highlights the need for resilience thinking in environmental law and governance, questioning whether these three factors are mutually supportive. Featuring wide geographical coverage of environmental law issues in both developing and developed nations, contributions posit that environmental law and governance is in a constant state of transformation. Throughout the book, discrete topics such as oceans, climate change and biodiversity are considered alongside intersecting themes such as human rights and litigation. Featuring up to date analysis of cutting edge topics by leading scholars in the field, The Transformation of Environmental Law and Governance will be a key resource for academics and students in the fields of environmental law, governance and regulation and environmental politics and policy. The valuable insights offered will also be beneficial for practitioners and lawmakers involved in the development of environmental law.

Full Product Details

Author:   Francesco Sindico ,  Stephanie Switzer ,  Tianbao Qin
Publisher:   Edward Elgar Publishing Ltd
Imprint:   Edward Elgar Publishing Ltd
ISBN:  

9781035315574

ISBN 10:   1035315572
Pages:   328
Publication Date:   17 March 2023
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   In Print  
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Table of Contents

Contents: PART I INTRODUCTION 1 Risk, innovation and resilience: moving towards mutual supportiveness 2 Francesco Sindico, Stephanie Switzer and Qin Tianbao PART II INNOVATION 2 Fracking and environmental law for sustainability: an era of global ecological risks and the imperative of legal transformations 15 Patryck de Araújo Ayala and Mariana Carvalho Victor Coelho PART III RISK 3 Innovating societal response to radiation risk: insights from the Fukushima Safecast case 34 Anna Berti Suman 4 Drug pollution from manufacturing, antimicrobial resistance and the importation of pharmaceutical active ingredients from third countries. The European drug safety regime under scrutiny: key legal and institutional aspects, challenges and opportunities 51 Elodie Le Gal PART IV RESILIENCE 5 Evaluating community resilience in promoting ecological and social justice in groundwater governance: lessons from India 75 Stellina Jolly 6 Strengthening the role of traditional leaders for effective local community participation in environmental management in Malawi 93 Gift Dorothy Makanje PART V CLIMATE CHANGE 7 Integrating climate change into impact assessments: key design elements 112 Meinhard Doelle 8 ‘Innovation’ and the law in state reports on climate change action 130 He Xiangbai and Alexander Zahar 9 Climate change law and colonialism: the rights of nature and a hypothetical case for bison person in Canada 148 Laura S. Lynes PART VI ENERGY 10 Community renewable energy for sustainable development 168 Richard Ottinger, Tom Bourgeois, Robert Habermann and Achinthi Vithanage PART VII FRESHWATER 11 The construction of the Três Marias dam and the absence of public policies for the arrival of the waters in the municipality of Morada Nova de Minas in Brazil 190 Mônica Thaís Souza Ribeiro, Izabela Zanotelli Collares and Danuta R. N. de Souza Calazans PART VIII BIODIVERSITY AND TRADITIONAL KNOWLEDGE AND LAND, FOOD AND AGRICULTURE 12 Blockchain technology for food security? Resilience potential and risk identification for the Multilateral System of the International Treaty on Plant Genetic Resources for Food and Agriculture 207 Thomas Gils and Christine Frison 13 Synthetic biology and international environmental law: time to move from definition to regulation 226 David Leary PART IX OCEANS 14 Climate proofing ocean governance: a journey through unchartered waters 245 Simone Borg PART X HUMAN RIGHTS 15 A new frontier in human rights law: the proposed third international covenant on the right of human beings to the environment 266 Michel Prieur and Mohamed Ali Mekouar PART XI LITIGATION 16 Resilience and access to climate justice 285 Morgan Eleanor Harris Index

Reviews

‘Sindico, Switzer and Qin's prescient volume brings answers to some of the most crucial questions in law, and indeed, in society today. In a comprehensive analysis spanning topics from food and agriculture, to climate change and energy, it demonstrates the importance of understanding the connections between socio-ecological risk, legal innovation and ecological and societal resilience. It should have a place on the bookshelf of all legal scholars.’ -- Elizabeth Kirk, University of Lincoln, UK ‘In the face of ongoing and emerging environmental pressures, the foundations of environmental law are rapidly changing, with new actors and new forms of regulation challenging existing preconceptions of how environmental law works. This book offers a timely look into the forces of risk, innovation and resilience underpinning and reflecting these changes. Sindico, Switzer and Qin have successfully brought together a diverse cast of established and early career scholars to shed new light on the dynamic evolution of environmental law.’ -- Harro van Asselt, University of Eastern Finland ‘Never has environmental law been more paradoxical; the need for it so obvious whilst its impact seemingly less notable. Society is grappling not only with a wide range of challenges, across multiple sectors but how it confronts them is also changing. As the contributors to this book reveal, searching for answers and new ways of doing things is essential, whilst underlining the continual challenges of human folly. This collection opens up the conversation, revealing new insights and explores some of the ongoing problems.’ -- Duncan French, University of Lincoln, UK

'Sindico, Switzer and Qin's prescient volume brings answers to some of the most crucial questions in law, and indeed, in society today. In a comprehensive analysis spanning topics from food and agriculture, to climate change and energy, it demonstrates the importance of understanding the connections between socio-ecological risk, legal innovation and ecological and societal resilience. It should have a place on the bookshelf of all legal scholars.' -- Elizabeth Kirk, University of Lincoln, UK 'In the face of ongoing and emerging environmental pressures, the foundations of environmental law are rapidly changing, with new actors and new forms of regulation challenging existing preconceptions of how environmental law works. This book offers a timely look into the forces of risk, innovation and resilience underpinning and reflecting these changes. Sindico, Switzer and Qin have successfully brought together a diverse cast of established and early career scholars to shed new light on the dynamic evolution of environmental law.' -- Harro van Asselt, University of Eastern Finland 'Never has environmental law been more paradoxical; the need for it so obvious whilst its impact seemingly less notable. Society is grappling not only with a wide range of challenges, across multiple sectors but how it confronts them is also changing. As the contributors to this book reveal, searching for answers and new ways of doing things is essential, whilst underlining the continual challenges of human folly. This collection opens up the conversation, revealing new insights and explores some of the ongoing problems.' -- Duncan French, University of Lincoln, UK

Author Information

Edited by Francesco Sindico, Professor of International Environmental Law, University of Strathclyde, Glasgow, Scotland, Stephanie Switzer, Senior Lecturer and Co-Director, Strathclyde Centre for Environmental Law and Governance, University of Strathclyde, Glasgow, UK and Qin Tianbao, Distinguished Professor of Law and Director, Research Institute of Environmental Law, Wuhan University, China

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