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The Lens of Ecological Law

A Look at Mining Carla Sbert, Independent Researcher
Containing an in-depth study of the emerging theory and core of ecological law, this book insightfully proposes a 'lens of ecological law' through which the disparity between current laws and ecological law can be assessed. The lens consists of three principles: ecocentrism, ecological primacy and ecological justice. These principles are used within the book to explore and analyse the challenges and opportunities related to the transition to ecological law and to examine three key mining case studies.
Extent: c 256 pp
Hardback Price: $125.00 Web: $112.50
Publication Date: April 2020
ISBN: 978 1 83910 212 7
Availability: Not yet published
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  • eISBN: 978 1 83910 213 4

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  • Development Studies
  • Development Studies
  • Law and Development
  • Environment
  • Environmental Law
  • Law - Academic
  • Environmental Law
  • Law and Development
  • Public International Law
Containing an in-depth study of the emerging theory and core concepts of ecological law, this book insightfully proposes a 'lens of ecological law' through which the disparity between current laws and ecological law can be assessed. The lens consists of three principles: ecocentrism, ecological primacy and ecological justice. These principles are used within the book to explore and analyse the challenges and opportunities related to the transition to ecological law and to examine three key mining case studies.

This thought-provoking book argues that ecological law should develop a needs-based approach to mining coupled with an ecological integrity standard in support of the effort to build a convivial and ecologically just society. This book's innovative approach treats ecological law as an emerging discipline by summarizing and discussing key aspects of its theory, including its foundations in science and critiques of economic growth; the core ideas from its foundational scholars; how to define it; and how it relates to Indigenous legal traditions and green legal theory.

The Lens of Ecological Law will appeal to scholars and students in the fields of environmental and ecological law, sustainability and natural resources, whilst also being of interest to readers concerned with extractivism.
‘”Ecological law” reframes “environmental law” and this book shows its theoretical and practical superiority. Through the lens of ecological law, we can clearly see why traditional environmental laws have failed and how domestic and international law must be advanced to protect and restore the integrity of ecological systems, for example, in the context of mining. The book is an impressive testimony to the fact that a just, sustainable society is possible and, crucially, how it can be achieved.’
– Klaus Bosselmann, University of Auckland, New Zealand
Contents: 1. Introduction: How Far to Ecological Law? A Look at Mining from the Lens of Ecological Law Part 1 – The Emerging Theory of Ecological Law 2. Underpinnings of Ecological Law 3. Converging Proposals for a New Approach: Selected Foundational Scholarship on Ecological Law 4. Defining Ecological Law 5. The Ecological Law Paradigm Shift 6. Ecological Law and Indigenous Legal Traditions 7. Ecological Law and Green Legal Theory Part II – The Lens of Ecological Law 8. What Qualifies as a Principle of Ecological Law for Purposes of the Lens of Ecological Law? 9. The Lens of Ecological Law: Three Core Principles Part III – Mining Case Studies from the Lens of Ecological Law 10. Introduction to Case Studies 11. El Salvador’s Metal Mining Ban from the Lens of Ecological Law 12. Mining in Canada’s Ring of Fire from the Lens of Ecological Law 13. Mining, Rights of Nature and Suma Qamaña/Vivir Bien in Bolivia from the Lens of Ecological Law 14. Conclusion Index