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Rethinking Environmental Law

Connectivity, Intersections and Conflicts in the Global Environmental Crisis

Book | 1st edition 2024 | World | Endrius Cocciolo, Jordi Jaria-Manzano, Aitana De la Varga, Maria Marques-Banque
Description

This book is available as an Open Access publication in e-book format. To access the e-book, click the 'E-book' button on the right hand side of the page.

The book offers a profound exploration of the evolving field of environmental law in the context of our rapidly expanding human footprint on the planet. Initially focused on local environmental concerns, environmental law has evolved to grapple with the intricate and expansive implications of human activity on the earth system, particularly in light of the urgent climate emergency in the Anthropocene era.

The text underscores the interconnectedness of various physical processes on a planetary scale, producing a complex web of interactions that challenge traditional perceptions of environmental dynamics. This complexity presents formidable challenges to the field of environmental studies, demanding interdisciplinary collaboration and a departure from traditional legal paradigms rooted in sectoral and jurisdictional boundaries.

Furthermore, the book emphasises the role of complexity in fostering connectivity between legal orders and sectors and other disciplines, as well as giving rise to conflicts within environmental law. It highlights the need for legal scholars and practitioners to transcend specialised knowledge silos, embrace interdisciplinary exchanges, and acknowledge the significance of conflict as a source of legal innovation.

The volume draws upon insights and selected contributions presented at the 9th European Environmental Law Forum, held in 2022 in Tarragona, Spain. These contributions have been meticulously elaborated into chapters that capture the depth and breadth of the debates held during the conference. Readers will gain valuable insights into the multifaceted challenges posed by the earth system's complexity to contemporary environmental law.

The book is divided into two main parts. The first explores the themes of "connections", addressing critical intersections between climate change, biodiversity loss, air pollution, energy systems, circular economy, and more. It delves into the need for legal frameworks to adapt to and address these intricate connections, providing practical insights and recommendations.

The second part of the book delves into the realm of "conflicts and frictions", shedding light on the challenges arising from the complex and multifaceted nature of environmental issues. It delves into topics such as technological innovation, legal constraints, environmental damage compensation, and climate litigation, offering a nuanced understanding of these critical areas.

Ultimately, this book serves as a comprehensive resource for scholars, practitioners, and anyone interested in the transformative role of environmental law when addressing the global environmental crisis and navigating the transition to a new geological era. As society grapples with the complexities of the Anthropocene, rethinking environmental law becomes imperative, and this volume provides valuable insights into that vital process.

About the Editors

Endrius Cocciolo is an administrative and energy law associate professor at the Public Law Department of Universtat Rovira i Virgili (Tarragona, Catalonia, Spain). He is a researcher at the Tarragona Centre for Environmental Law Studies (CEDAT) and the University Institute for Research in Sustainability, Climate Change and Energy Transition (IU-Rescat). Endrius is member of the URV consolidated research group ‘ Territory, Citizenship and Sustainability ’ , recognised by the Generalitat de Catalunya. He has also served as co-chair of the research committee at the International Union for Conservation of Nature Academy of Environmental Law (IUCN AEL), and is a member of the managing board of the European Environmental Law Forum (EELF). He is currently the coordinator of a Horizon MSCA Doctoral Network project (THERESA) on hydrogen regulation, and the principal investigator of an interdisciplinary project founded by the Spanish Ministry of Innovation, on energy communities (ComEnerSys).

Jordi Jaria-Manzano is Serra Húnter Fellow of Constitutional and Environmental Law at the Public Law Department of the Universitat Rovira I Virgili (Tarragona, Catalonia, Spain) and a researcher at the Tarragona Centre for Environmental Law Studies (CEDAT) and at the Research Institute in Sustainability, Climate Change and Energy Transition (IU-RESCAT). He is chief editor of the ‘Revista d’Estudis Autonomics i Federals/Journal of Self-Government) and currently leads a research project on sustainability in the digital domain, funded by the Spanish Ministry of Economic Affairs and Digital Transformation.

Aitana De la Varga-Pastor is an Administrative and Environmental Law Associate Professor at the Public Law Department of the Universitat Rovira I Virgili (Tarragona, Catalonia, Spain) and a researcher at the Tarragona Centre for Environmental Law Studies (CEDAT) and at the Research Institute In Sustainability, Climate Change And Energy Transition (IU-RESCAT). She is the Principal investigator of the R + D + I project “ Climate change and plastic waste: legal challenges of the circular economy as a paradigm for the protection of planetary health and justice ” (JustCircular).

Maria Marques-Banque is a Criminal Law Associate Professor at the Public Law Department of the Universitat Rovira i Virgili (Tarragona, Catalonia, Spain) and a researcher at the Tarragona Centre for Environmental Law Studies (CEDAT) and at the Research Institute In Sustainability, Climate Change and Energy Transition (IU-RESCAT). Her research focuses on environmental crime, wildlife crime, transnational environmental crime and EU criminal law. She is the Director of the Environmental Law Clinic at Universitat Rovira i Virgili.

List of Contributors

With contributions by Eva Balounová (Institute of State and Law of the Czech Academy of Sciences), Camille Bertaux (UCLouvain Saint-Louis Bruxelles), An Cliquet (Ghent University), Endrius Cocciolo (Universitat Rovira i Virgili; CEDAT), Aitana De la Varga-Pastor (Universitat Rovira i Virgili; CEDAT), Martijn van Gils (Utrecht University), Tilak Ginige (Bournemouth University), Carola Glinski (University of Copeghagen), Jordi Jaria-Manzano (Universitat Rovira i Virgili; CEDAT), Matija Kajić (Utrecht University), Francesca Leucci (Wageningen University & Research), Maria Marques-Banque (Universitat Rovira I Virgili; CEDAT), Sophie Melchers (Utrecht University), Alba Nogueira López (Universidade de Santiago de Compostela), Lissia Queiroz de Menezes (Bournemouth University), Leonie Reins (Erasmus University Rotterdam), Albert Ruda-Gonzalez (University of Girona), Gonzalo Vial Fourcade (University of Cambridge), Jiri Vodicka (Masaryk University) and Ida Mae de Waal (Utrecht University).

Technical info
More Information
Type of product Book
Format Hardback
EAN / ISSN 9781839704475 / 9781839705212
Series name European Environmental Law Forum
Weight 600 g
Status Available
Access to exercice No
Publisher Intersentia
Language English
Publication Date May 14, 2024
Available on Jurisquare No
Available on Strada Belgique No
Available on Strada Europe No
Available on Strada Luxembourg No
Chapters

Downloads

  • Table of Contents and Front Matter
  • Introduction: Rethinking Environmental Law
  • Linkages between Biodiversity and Climate Change: Twin Crises Need Twin Solutions
  • Biodiversity Protection in Transnational Value Chains
  • Exploring the Links between the World Health Organization Guidelines and the EU Air Quality Law: Scientific Authority and the Lawmaking Process
  • EU Air Quality and Vehicles: An Incompatible Pair?
  • The Energy Charter Treaty and its Implications for Preventing Plastics Production: Stirring the Plastic Soup?
  • Power Purchase Agreements Affected by Unexpected Circumstances: A Contract Law Issue with Climate Consequences
  • Sustainability of Green Energy Production: A Comparative Perspective between Brazil and the United Kingdom
  • Fixing the Circular Economy: A Limited Right to Repair Faces Core Constraints from Voluntary Approaches and Private Law
  • The Relation between EU Chemicals, Product and Waste Legislation Governing Plastic Packaging and the Transition Towards a More Circular Plastic Packaging Chain in the EU
  • Multi-Level Incentives for the Recovery of Valuable Resources from Biowaste: Balancing Competence for Circularity
  • The Relationship between the Legal System and Technological Innovations in Freshwater Management: Understanding Potential Points of Friction
  • Reducing Peat Oxidation and Greenhouse Gas Emissions in Dutch Peatlands: Bridging the Gap between Interconnected Environmental Challenges and the Fragmented Legal and Governance System
  • Unveiling the Loophole of Compensatory Restoration after Damage in the EU
  • What are We Talking about when We Discuss the Rights of Future Generations in Climate Litigation?
  • Uncertain Causation in Climate Change Liability Litigation
  • Index