9781315150772 electronic book 1315150778 electronic book 9781351366519 (electronic book : Mobipocket) 1351366513 (electronic book : Mobipocket) 9781351366533 (electronic book : PDF) 135136653X (electronic book : PDF) 9781351366526 (electronic book : EPUB) 1351366521 (electronic book : EPUB) 9781138557260 hardcover
Law justice and ecology series.
The ecosystem approach, broadly understood as a legal and governance strategy for integrated environmental and biodiversity management, has been adopted within a wide variety of international environmental legal regimes and provides a narrative, a policy approach and in some cases legally binding obligations for States to implement what has been called a 'new paradigm' of environmental management. In this last respect, the ecosystem approach is also often considered to offer an opportunity to move beyond the outdated anthropocentric framework underpinning much of international environmental law, thus helping re-think law in the Anthropocene. Against this background, this book addresses the question of whether the ecosystem approach represents a paradigm shift in international environmental law and governance, or whether it is in conceptual and operative continuity with legal modernity. This central question is explored through a combined genealogical and biopolitical framework, which reveals how the ecosystem approach is the result of multiple contingencies and contestations, and of the interplay of divergent and sometimes irreconcilable ideological projects. The ecosystem approach, this books shows, does not have a univocal identity, and must be understood as both signalling the potential for a decisive shift in the philosophical orientation of law and the operationalisation of a biopolitical framework of control that is in continuity with, and even intensifies, the eco-destructive tendencies of legal modernity. It is, however, in revealing this disjunction that the book opens up the possibility of moving beyond the already tired assessment of environmental law through the binary of anthropocentrism and ecocentrism.
Formatted Contents Note
Cover; Half Title; Series Page; Title Page; Copyright Page; Table of Contents; Preface; PART I: Setting the stage; 1. Setting the stage; Introduction: time of crisis. Ecology, law and the Anthropocene; The inadequacy of environmental law in the Anthropocene; Environmental law, legal modernity and anthropocentrism; The 'deep contradiction' of environmental law; Ecology; The 'ecosystem approach' in international environmental law: a paradigm shift?; Some preliminary clarifications; Situating the book: theoretical and methodological approach; The structure of the book PART II: A genealogical reading of the 'ecosystem approach'2. Genealogy as a legal method; Introduction; Genealogy and genealogies; Genealogy as problematization; Legal narratives: towards a genealogy of the 'ecosystem approach'; 3. Locating the 'ecosystem approach'; Introduction; Historical antecedents; Locating the 'ecosystem approach'; Many definitions; Common elements of the 'ecosystem approach'; Conclusions; 4. The multiplicity of the 'ecosystem approach': histories, concepts, names; Introduction; Wide and narrow concept of the ecosystem approach; Legal-institutional clusters Label and terminologiesConclusions; 5. Underneath the 'ecosystem approach': ecology as a framework of ambiguity; Introduction; The complex genealogies of ecology; Ecology between science and worldview; Multiple ecologies; Biology, ecology and the ethics of conservation; The concept of ecosystem; Conclusions; 6. The 'ecosystem approach' between competing narratives; Introduction; Conflicting values, competing narratives; Ecocentric articulations of the ecosystem approach; Anthropocentric articulations of the ecosystem approach; Conclusions PART III: A biopolitical reading of the 'ecosystem approach'7. Beyond anthropocentrism and ecocentrism; Introduction; Problematizing anthropocentrism; Problematizing ecocentrism; Conclusions; 8. A biopolitical framework; Introduction; Biopower and biopolitics; Biopolitics beyond Foucault; Expanding biopolitics to nature; Ecopolitics and law: sovereign encoding and technical norm; Conclusions; 9. A biopolitical critique of the 'ecosystem approach': biodiversity conservation; Introduction; The Convention on Biological Diversity: some preliminary clarifications The 'ecosystem approach' as a new strategy for biodiversity conservationThe competing narratives traversing the 'ecosystem approach'; The narrative of ecosystem services: a biopolitical resolution?; The institutional dimension; Conclusions; 10. Inside and against biopolitics: towards a productive reading of the 'ecosystem approach'?; Introduction; Genealogy, biopolitics and the immanence of critique; The productive ambiguities of the 'ecosystem approach'; Thinking law beyond law, and biopolitics beyond biopolitics; 'Epistemic location' and transversal ecological thinking
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