Ecological Integrity, Law and Governance PDF
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Ecological Integrity, Law and Governance Ecological integrity is concerned with protecting the planet in a holistic way, while respecting ethics and human rights. Over recent years it has been intro- duced directly and indirectly in several legal regimes, culminating in interna- tional law with the 2016 expanded remit of the International Criminal Court, which now includes ‘environmental disasters’. This book celebrates the 25th anniversary of the Global Ecological Integrity Group (GEIG), which includes more than 250 scholars and independent researchers worldwide, from diverse disciplines, including ecology, biology, phi- losophy, epidemiology, public health, ecological economics and international law. It reviews the role of ecological integrity across a number of fields through inter- and trans-disciplinary engagement on matters affecting and governing the sustainability of life for both present and future generations. These include ethics, environmental disasters, crimes against humanity and environmental health, and how such issues can be subject to sound governance and be incorpo- rated into international law. The book also looks forward to new applications of the concept of ecological integrity, such as crimes that result in the exploitation of natural resources and the illegal dispossession of land. Laura Westra is Professor Emerita (Philosophy) and Sessional Instructor, Faculty of Law, University of Windsor, Canada, and Visiting Professor, Faculty of Jurisprudence, University of Parma, Italy. Klaus Bosselmann is Professor of Law and Director of the New Zealand Centre for Environmental Law at the University of Auckland. Janice Gray is Senior Lecturer in the Faculty of Law at the University of New South Wales, Australia. Kathryn Gwiazdon is Executive Director of the Center for Environmental Ethics and Law, a US-based non-profit organization. Ecological Integrity, Law and Governance Edited by Laura Westra, Klaus Bosselmann, Janice Gray and Kathryn Gwiazdon First published 2018 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN and by Routledge 711 Third Avenue, New York, NY 10017 Routledge is an imprint of the Taylor & Francis Group, an informa business © 2018 selection and editorial matter, Laura Westra, Klaus Bosselmann, Janice Gray and Kathryn Gwiazdon; individual chapters, the contributors The right of Laura Westra, Klaus Bosselmann, Janice Gray and Kathryn Gwiazdon to be identified as the authors of the editorial material, and of the authors for their individual chapters, has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data A catalog record has been requested for this book ISBN: 978-0-8153-9463-1 (hbk) ISBN: 978-1-351-18547-9 (ebk) Typeset in Goudy Old Style by Servis Filmsetting Ltd, Stockport, Cheshire Visit the [companion website/eResources]: [insert comp website/eResources URL] To the Global Ecological Integrity Group past, present and future Contents List of contributors x Introduction: the development of the Global Ecological Integrity Group’s research and its future aims 1 LAURA WESTRA AND KLAUS BOSSELMANN PART I Ecological integrity, ethics and the law 5 1 The state versus the environment: the ethical and legal implications for state non-action in protecting the foundations of life 7 KATHRYN A. GWIAZDON 2 Critical and analytical considerations on climatic ethics 19 MARCO ETTORE GRASSO 3 Addressing climate change in a digital age 28 ROSE A. DYSON 4 Funding policy choices: tax and global financial secrecy 37 MICHELLE GALLANT 5 Bruno Latour on ecology and Christian religion 46 PHILIPPE CRABBÉ PART II Public health, environmental disasters and crimes against humanity 57 6 Reforming reparations for mass human rights abuses: a Canadian model 59 KATHLEEN MAHONEY viii Contents 7 The struggle over the Dakota Access Pipeline in the context of Native American history 69 JOSEPH W. DELLAPENNA 8 Navigating complexity, promoting health: insights from the emergence of ‘Ecohealth’ and ‘One Health’ 79 COLIN L. SOSKOLNE, MARTIN J. BUNCH, COLIN D. BUTLER AND MARGOT W. PARKES 9 Trading health: a community health impact assessment perspective of the Trans-Pacific Partnership 91 ROBERT RATTLE AND LAURA TOMIE 10 Indirect health effects consequent to the Fukushima nuclear accident of 11 March 2011 100 YULIYA LYAMZINA 11 Civil society preventing environmental disasters 110 ANNE VENTON 12 A global update on the ambit of unconventional gas mining and an alternative framework for mediating energy demands 119 JANICE GRAY PART III New challenges to global governance 129 13 The reactionary turn in American environmental policy: the Trump effect 131 SHEILA D. COLLINS 14 Moving from environmental law to ecological law: frameworks, priorities and strategies 141 GEOFFREY GARVER 15 Achieving traction for ethics in environmental policy-making 149 DONALD A. BROWN 16 Planet ocean and marine protected areas: an opportunity for ecological commons governance 160 PRUE TAYLOR Contents ix PART IV The future of ecological integrity 171 17 Towards world federalism for international peace and a sustainable environment 173 PETER VENTON 18 A utopian democratic revolution to overcome flawed democracy and ecological catastrophe 185 DONATO BERGANDI 19 Can the philanthropic imperative enhance international health care? 196 PAUL CARRICK 20 The uses of poetry to effect positive climate-change policy 207 JOAN GIBB ENGEL 21 Can the Earth Charter movement be renewed? The covenantal promise of the Earth Charter movement 215 J. RONALD ENGEL 22 Conclusion: the ever-increasing importance of ecological integrity in international and national law 225 KLAUS BOSSELMANN Index 234
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