Sandrine Maljean-Dubois - Böcker

Biodiversity is in accelerated decline and urgent action is needed. In 2020, the Strategic Plan for Biodiversity ended, and none of its Aichi Targets were met. Despite the legally disappointing situation on a global level, the role of national courts in adjudicating climate change litigation is showing potential for effective mitigation and adaptation, and judges have become key actors in linking internationally agreed goals with tangible national commitments to mitigate climate change. Can this pursuit of globally agreed goals at a local level be transposed and lead a similar trend for biodiversity governance?This edited collection gives readers an overview of the shape and reach of biodiversity litigation, drawing on specific case studies from countries such as Brazil, China, India and Canada. It considers two questions: Firstly, what is the influence of international biodiversity law on biodiversity litigation? Secondly, what are the trends of biodiversity litigation? Leading experts discuss these questions from the perspective of developing, developed and mega bio-diverse countries, promoting the concept of biodiversity litigation as a common notion of environmental law, and arguing for more creative legal thinking when dealing with and analysing biodiversity-related disputes.

This book is the third volume in the European Environmental Law Forum (EELF) Book Series. The EELF is a non-profit initiative of environmental law scholars and practitioners from across Europe aiming to support intellectual exchange on the development and implementation of international, European and national environmental law in Europe. One of the activities of the EELF is an annual conference. This book bundles 15 contributions from those presented during the Third EELF Conference in Aix-en-Provence, hosted by the CERIC, Aix-Marseille University, from 2 to 4 September 2015.The central topic of the book is the effectiveness of environmental law. Indeed the impressive developments in environmental law in recent years have not always been matched by corresponding improvements in environmental quality. The threats to our environment and, by extension, to human health have never been so numerous or so serious. Paradoxically, the effectiveness of environmental law has been a long-neglected issue. This book offers a fruitful and stimulating dialogue between practitioners and academics, from varied countries and varied fields, combining empirical and theoretical approaches to the topic. Suggestions for improving the effectiveness of environmental law range from classic yet still necessary approaches working within criminal and administrative channels, such as civil sanctions, liability rules and strengthening the regulatory structure and the role of judges, to more innovative methods involving public participation, collaborative or hybrid governance and private environmental enforcement.