ABSTRACT

This book examines the relationship between man and nature through different cultural approaches to encourage new environmental legislation as a means of fostering acceptance at a local level.

In 2019, the International Union of Geological Sciences (IUGS) recognised that we have entered a new era, the Anthropocene, specifically characterised by the impact of one species, mankind, on environmental change. The Anthropocene is penetrating the discourse of both hard sciences and humanities and social sciences, by posing new epistemological as well as practical challenges to many disciplines. Legal sciences have so far been at the margins of this intellectual renewal, with few contributions on the central role that the notion of Anthropocene could play in forging a more effective and just environmental law. By applying a multidisciplinary approach and adopting a Law as Culture paradigm to the study of law, this book explores new paths of investigation and possible solutions to be applied. New perspectives for the constitutional framing of environmental policies, rights, and alternative methods for bottom-up participatory law-making and conflict resolution are investigated, showing that environmental justice is not just an option, but an objective within reach.

The book will be essential reading for students, academics, and policymakers in the areas of law, environmental studies and anthropology.

Introduction

Section I – Values

1 Integral Ecology and Environmental Law in the Anthropocene: the perspective of the Catholic Church

2 Ecological Crisis: the Self, State and the Hindu Ethics

3 Ubuntu as a Normative Value in the New Environmental World Order

4 Rights of Nature vs. Human Rights? An Urgent Shift of Paradigms  

5 Environmental Ethics in Islam and Greener Shifts Away from Fossil Fuel Dependence in the Middle East

6 The Noble Eightfold Path in the Anthropocene: Buddhist Perspectives on Environmental Constitutionalism

Section II – Principles and Rules

1 From the Principles of International Environmental Law to Environmental Constitutionalism: Competitive or Cooperative Influences? 

2 Environmental constitutionalism through the lens of comparative law: new perspectives for the Anthropocene   

3 Ecosystem rights and the Anthropocene in Australia and Aotearoa New Zealand 

4 The Animal as a Concern for a Renewed Analysis of the Legal Link Between Man and the Environment

Section III – Enforcement and Environmental Justice

1 Courting the Environment: Public Interest Litigation at the Bar of Environmental law

2 The enforcement of new environmental rights through the courts: problems and possible solutions

3 Vanguardism and environmental justice developments in Colombia

Afterword
Final Rallying Call on the Brutal Realities of the Anthropocene and the Necessity of Cosmoprudence to Minimise Human Suffering

Index