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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.
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
Contents:PART I INTRODUCTION1 Risk, innovation and resilience: moving towards mutualsupportiveness 2Francesco Sindico, Stephanie Switzer and Qin TianbaoPART II INNOVATION2 Fracking and environmental law for sustainability: anera of global ecological risks and the imperative of legaltransformations 15Patryck de Araújo Ayala and Mariana Carvalho Victor CoelhoPART III RISK3 Innovating societal response to radiation risk: insights fromthe Fukushima Safecast case 34Anna Berti Suman4 Drug pollution from manufacturing, antimicrobialresistance and the importation of pharmaceutical activeingredients from third countries. The European drug safetyregime under scrutiny: key legal and institutional aspects,challenges and opportunities 51Elodie Le GalPART IV RESILIENCE5 Evaluating community resilience in promoting ecologicaland social justice in groundwater governance: lessons from India 75Stellina Jolly6 Strengthening the role of traditional leaders for effectivelocal community participation in environmentalmanagement in Malawi 93Gift Dorothy MakanjePART V CLIMATE CHANGE7 Integrating climate change into impact assessments: keydesign elements 112Meinhard Doelle8 ‘Innovation’ and the law in state reports on climate change action 130He Xiangbai and Alexander Zahar9 Climate change law and colonialism: the rights of natureand a hypothetical case for bison person in Canada 148Laura S. LynesPART VI ENERGY10 Community renewable energy for sustainable development 168Richard Ottinger, Tom Bourgeois, Robert Habermann andAchinthi VithanagePART VII FRESHWATER11 The construction of the Três Marias dam and the absenceof public policies for the arrival of the waters in themunicipality of Morada Nova de Minas in Brazil 190Mônica Thaís Souza Ribeiro, Izabela Zanotelli Collaresand Danuta R. N. de Souza CalazansPART VIII BIODIVERSITY AND TRADITIONALKNOWLEDGE AND LAND, FOOD AND AGRICULTURE12 Blockchain technology for food security? Resiliencepotential and risk identification for the Multilateral Systemof the International Treaty on Plant Genetic Resources forFood and Agriculture 207Thomas Gils and Christine Frison13 Synthetic biology and international environmental law:time to move from definition to regulation 226David LearyPART IX OCEANS14 Climate proofing ocean governance: a journey throughunchartered waters 245Simone BorgPART X HUMAN RIGHTS15 A new frontier in human rights law: the proposed thirdinternational covenant on the right of human beings to theenvironment 266Michel Prieur and Mohamed Ali MekouarPART XI LITIGATION16 Resilience and access to climate justice 285Morgan Eleanor HarrisIndex
‘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.’