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This comprehensive Research Handbook is the first study to link law and Earth system science through the epistemic lens of the planetary boundaries framework. It critically examines the legal and governance aspects of the framework, considering not only each planetary boundary, but also a range of systemic issues, including the ability of law to keep us within the planetary boundaries’ safe operating space.The expert contributors investigate the current and potential role of law in relation to the complex task and regulatory challenges of governing the Earth system. They explore three thematic areas: the overarching legal, ethical and governance dimensions of the planetary boundaries; their diverse international law dimensions and the challenges they raise for international law; and the extent to which the law already provides for some of the aspects illuminated by each planetary boundary, alongside opportunities for legal reform.Lawyers, Earth system scientists and governance experts will benefit from the mapping of the next stage of international environmental law included in the chapters. The book will also be a key resource for regulators, legislators and policy-makers looking for an in-depth study of the relationship between law and each of the nine planetary boundaries.
Edited by Duncan French, Birmingham City University, UK and Louis J. Kotzé, Research Professor, North-West University, South Africa and Senior Professorial Fellow in Earth System Law, University of Lincoln, UK
Contents:Foreword xiPreface xii1 Staying within the planet’s ‘safe operating space’? Law and theplanetary boundaries 1Louis J. Kotzé and Duncan FrenchPART I LEGAL, ETHICAL AND GOVERNANCE DIMENSIONS OFTHE PLANETARY BOUNDARIES2 Exploring the planetary boundaries and environmental law: historicaldevelopment, interactions and synergies 21Alice Bleby, Cameron Holley and Ben Milligan3 Governing the complexity of planetary boundaries: a state-of-the-artanalysis of social science scholarship 45Rakhyun E. Kim and Louis J. Kotzé4 Planetary boundaries, planetary ethics and climate justice in the Anthropocene 65Sam Adelman5 Science, law and planetary uncertainty 84Lynda Collins6 Planetary boundaries intra muros : cities and the Anthropocene 103Helmut Philipp Aust and Janne E. NijmanPART II INTERNATIONAL LAW AND THE PLANETARY BOUNDARIES7 Planetary boundaries and regime interaction in international law 125Dario Piselli and Harro van Asselt8 Changing role of law-making in responding to planetary boundaries? 147Giovanna M. Frisso and Elizabeth A. Kirk9 International law, planetary boundaries and teleconnections 167Ellen Hey10 Compliance with planetary boundaries in international law 183Jonas Ebbesson11 Exploring the planetary boundaries’ wasteland: international law andthe advent of the Molysmocene 203Michael Hennessy Picard and Olivier BarsalouPART III PLANETARY BOUNDARIES AND THE LAW12 Loss of biosphere integrity (biodiversity loss and extinctions) 221Han Somsen and Arie Trouwborst13 Climate change 245Jonathan Verschuuren14 Stratospheric ozone depletion 260Louise du Toit15 Atmospheric aerosol loading 277Leslie-Anne Duvic-Paoli and Emily Webster16 Ocean acidification 294Tim Stephens17 Nitrogen and phosphorus flows to the biosphere and oceans 309Daniela Diz18 Freshwater consumption and the global hydrological cycle 324Nathan John Cooper19 Land system change 342Karen Morrow20 Chemical pollution (and the release of novel entities) 363Tiina Paloniitty, Chukwukpee Nzegwu and Duncan FrenchIndex
'The planetary boundaries concept provides an ideal framework for connecting science with law at the global level. This book explores this connection in great detail, from our undeniable need for limits and the fundamental concepts of ethics, justice and governance to the comprehensive assessment of the legal implications of each of the individual boundaries.'