Few concerns preoccupy contemporary progressive thought as much as the issue of how to achieve a sustainable human society. The problems impeding this goal include those of how to arrest induced global environmental change (GEC), persistent disagreements about the contribution of economic activities to GEC and further differences in views on how these activities can be reformed in order to reduce the rate of change and thus to mitigate threats to much life on Earth. Reforming Law and Economy for a Sustainable Earth aims to help resolve these problems in two ways. Since addressing GEC will require global coordination, the book first clarifies the conditions necessary to achieve this effectively. Paul Anderson explores these conditions with the aid of a sustained analysis of key concepts in influential disciplines, particularly in social and political theory and law, relating to the transition to a sustainable economy. Second, Anderson tackles the problem of how to arrest GEC by incisively evaluating two leading theoretical positions in terms of their capacity to support the conditions required for effective global coordination. From this basis, the book offers an extensive critique of the idea that global environmental problems can be solved within the framework of global capitalism. It also critically reviews and advances the proposition that global sustainability can be achieved only by changing the capitalist form of organizing the economy. Enriched by a genuinely interdisciplinary approach, the originality of Reforming Law and Economy for a Sustainable Earth lies in the manner it combines a rigorous analysis of the requirements for global sustainability with decisive conclusions as to what are, and what are not, viable means of fulfilling those requirements. The book advances research on sustainability within key disciplines, among them political theory, law and social science, by offering a timely and insightful statement about the global environmental predicament in the 21st century.

This expanded and updated Research Handbook delivers an authoritative and in-depth guide to the conceptual foundations of environmental law. It offers a nuanced reflection on the underlying principles by exploring issues such as human rights, constitutional rights, sustainable development and environmental impact assessment within the context of environmental law.

Law's Ethical, Global and Theoretical Contexts examines William Twining's principal contributions to law and jurisprudence in the context of three issues which will receive significant scholarly attention over the coming decades. Part I explores human rights, including torture, the role of evidence in human rights cases, the emerging discourse on 'traditional values', the relevance of 'Southern voices' to human rights debates, and the relationship between human rights and peace agreements. Part II assesses the impact of globalization through the lenses of sociology and comparative constitutionalism, and features an analysis of the development of pluralistic ideas of law in the context of privatization. Finally, Part III addresses issues of legal theory, including whether global legal pluralism needs a concept of law, the importance of context in legal interpretation, the effect of increasing digitalization on legal theory, and the utility of feminist and postmodern approaches to globalization and legal theory.

The World Summit on Sustainable Development in Johannesburg in 2002 underscored the need to reform the current institutional framework for environmental governance. Chambers and Green, both affiliated with the United Nations University Institute of Advanced Studies in Japan, gather contributors to take up the question left unanswered at Johannesbur

Perhaps the most defining characteristic of the global economy today is the rise of emerging market economies (EMEs). Many states have experienced rapid economic growth over the past two decades that has led to an increasing share of global wealth. Such dramatic changes are highly relevant because they raise important issues about the distribution of global monetary and fiscal power. As the EMEs have gained importance in the global economy, their influence and significance have grown across a wide range of policy domains. One particularly relevant example is the increasingly critical role of EMEs in addressing climate change. Contrary to the popular belief that the level of development determines a country’s ability to produce positive environmental outcomes, this book shows that the variation in environmental outcomes among the EMEs is due to differences in the types of economic institutions prevalent in their economies. Since EMEs differ dramatically on a number of variables, examining national variations in economic institutions helps explain why international climate policy has been more successful in some countries than in others. To assess how variations in capitalism may influence important outcomes, this book explores a representative sample of 31 EMEs and employs a mixed method research design that incorporates both conventional regression analysis and Qualitative Comparative Analysis (QCA) to explain these outcomes. The analysis shows that although liberal market economies were expected to perform better than other types of capitalism, their performance fell below expectations. On the contrary, economic institutions related to coordinated types of capitalism (like those found in China and Brazil) have led to greater Clean Development Mechanism (CDM) market participation. Theoretically informed, this book employs innovative ways of understanding a broad set of increasingly important but under studied states in an effort to highlight the interactions found in complex socio-political and ecological systems. With the growing importance of the EMEs, a better understanding of how to design market-based policies with them in mind will be required if future efforts across a range of policy issues are to be meaningful and effective.

Must freedom be sacrificed to achieve ecological sustainability - or vice versa? Can we be genuinely free and live in sustainable societies? This book argues that we can, if we recognise and celebrate our ecological embeddedness, rather than seeking to transcend it. But this does not mean freedom can simply be redefined to fit within ecological limits. Addressing current unsustainability will involve significant restrictions, and hence will require political justification, not just scientific evidence. Drawing on material from perfectionist liberalism, capabilities approaches, human rights, relational ethics and virtue theory, Michael Hannis explores the relationship between freedom and sustainability, considering how each contributes to human flourishing. He argues that a substantive and ecologically literate conception of human flourishing can underpin both capability-based environmental rights and a eudaimonist ecological virtue ethics. With such a foundation in place, public authorities can act both to facilitate ecological virtue, and to remove structural incentives to ecological vice. Freedom and Environment is a lucid addition to existing literature in environmental politics and virtue ethics, and will be an excellent resource to those studying debates about freedom with debates about ecological sustainability.

This book systematically explores the emerging legal discipline of Earth System Law (ESL), challenging the closed system of law and marking a new era in law and society scholarship. Law has historically provided stability, certainty, and predictability in the ordering of social relations (predominantly between humans). However, in recent decades the Earth’s relationship in law has changed with increasing recognition of the standing of Mother Earth, inherent rights of the environment (such as flora and fauna, rivers), and now recognition of the multiple relations of the Anthropocene. This book questions the fundamental assumption that ‘the law’ only applies to humans, and that the earth, as a system, has intrinsic rights and responsibilities. In the last ten years the planet has experienced its hottest period since human evolution, and by the year 2100, unless substantive action is taken, many species will be lost, and planetary conditions will be intolerable for human civilisation as it currently exists. Relationships between humans, the biosphere, and all planetary systems must change. The authors address these challenging topics, setting the groundwork of ESL to ensure sustainable development of the coupled socio-ecological system that the Earth has become. Earth System Law is an interdisciplinary and transdisciplinary research project, and, as such, this book will be of great interest to researchers and stakeholders from a wide range of disciplines, including political science, anthropology, economics, law, ethics, sociology, and psychology.