Law, Nature and the Ecosystem Approach

Silvia Bagni is Associate Professor of Comparative Public Law in the Department of Political and Social Sciences at the University of Bologna, Italy. Her research interests include constitutional justice, Latin American constitutionalism, interculturalism, and ecological law. She is a member of the UN Harmony with Nature Programme.Serena Baldin is Full Professor of Comparative Public Law at the University of Trieste, Italy, where she is affiliated to the Department of Political and Social Sciences and also to the Interdepartmental Centre for Energy, Environment and Transport “G. Ciamician”. Her research interests include environmental constitutionalism, climate law, constitutional justice, and minority protection.Veronica Federico is Associate Professor of Comparative Public Law at the University of Florence, Italy, where she is affiliated to the Department of Legal Sciences. Her research interests include environmental constitutionalism, comparative migration law, African constitutional law, and constitutional and democratic transitions.

• Rationale for the Volume (Silvia Bagni, Serena Baldin and Veronica Federico) Part 1: The Foundation 1. Rights of Nature and Ecosystem Approach: An Introduction (Silvia Bagni) 2. The Principles of the Rights of Nature. An Approach from the Systemic Theory of Law and Natural Sciences (Ramiro Avila Santamaría) Part 2: The Ecosystem Approach as Paradigm Shift 3. From Prevention to Restoration: Towards a Paradigm Shift in EU and Italian Environmental Law (Ilaria Costanzo) 4. Investigating the Potential of Ecological Restoration as a Fundamental Right of Nature, with a Focus on its Relevance to Lake Vättern (Mariam Carlsson Kanyama) 5. Overcoming Capitalist Economics and the Appropriation of Common Resources through Rights of Nature in Ecuador (Amilcare D’Andrea) 6. Ecosystem Rights: Integrating Human Rights and Ecosystem Services for a Holistic Environmental Constitutionalism (Francesco Gallarati) Part 3: The Ecosystem Approach in Bottom-up Experiences and Rights of non-Human Animals 7. Florestania and Hutukara: Cosmopoetics to Plurinational States in America Latina (Elias Canal and Victor Hugo Agapito) 8. Decolonising Property Law to Implement the Ecosystem Approach: Evidence from Italy (Rachele Cecchi) 9. Destabilizing the Fossil Bloc through the Production of Knowledge from Below (Anna Berti Suman) 10. The Polyvalence of the Animal in Anthropocentric and Biocentric Approaches: Is there Room for Intrinsic Value? (Silvia Zanini) 11. Openings for Seeds Diversity Protection Beyond Patents: Seeds as Intangible Cultural Heritage (Giulia Fontanella) Part 4: National Case Studies, at the Intersection Between Nature’s Rights and the Ecosystem Approach 12. The Ecologization of Environmental Protection in the Brazilian System: An Analysis of Local Legislative and Jurisprudential Protagonism (Leura Dalla Riva) 13. From Extraction to Exclusion: Colonial Obstacles to an Ecosystem Approach in Puerto Rico’s Environmental Law (José Arturo Maldonado Andreu) 14. The Katsa-su Territory of the Awá Indigenous People as a Victim of the Armed Conflict in Colombia: A Transcultural and Interjurisdictional Contribution to the Rights of Nature (Carlos Alberto Benavides Mora and Daniel Laureano Noguera Santander) 15. Ancestral and Earth Law Knowledge: Intercultural Legal Practice as Foundation for Mother Earth Rights (Johana Fernanda Sánchez Jaramillo) Part 5: The Ecosystem Approach and the Courts 16. How Genetic Information of a Spices Could Help to Protect Nature in Courts: The Case of the Endangered Brown Sea Cucumber (Isostichopus fuscus) in the Galapagos Islands (David Cordero-Heredia and Jaime Ortiz Pachar) 17. After Los Cedros Ruling. The Ecocentric Epistemology of the Rights of Nature and its Impact on the Social Context (Anna Pedrolli) 18. A Standing for Nature in Civil Justice: Insights from Comparative Law (Mauro G. Smiroldo)