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Earth Governance

Trusteeship of the Global Commons. New Horizons in Environmental and Energy Law series

By (author) Klaus Bosselmann
Format: Hardback
Publisher: Edward Elgar Publishing Ltd, Cheltenham, United Kingdom
Published: 30th Jul 2015
Dimensions: w 157mm h 235mm d 25mm
Weight: 615g
ISBN-10: 1783477814
ISBN-13: 9781783477814
Barcode No: 9781783477814
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Synopsis
Written by one of the most prolific and provocative thinkers of our time, Klaus Bosselmann's latest book is set to reaffirm his rank among the leading environmental law scholars in the world. Bosselmann cogently argues that we live in deeply troubling times, characterized as they are by unprecedented socio-ecological upheaval. His vision is of a global governance order that is centred on the Earth as an integrated whole and that seeks to protect the Earth's ecological integrity, especially insofar as the global commons are concerned. This book is an original, timely and very welcome (juridical) addition to the growing body of Earth system governance literature.' - Louis J. Kotze, North-West University, South Africa, University of Lincoln, UK and Deputy-Director of the Global Network for the Study of Human Rights and the Environment'Klaus Bosselmann provides a subtle and masterful overview of the limits of contemporary law and nation-state governance in solving our planetary ecological catastrophes. Even better, he offers a range of practical and attractive alternatives, most notably the commons and new forms of trusteeship. We must promptly adopt these new/old legal forms in order to overcome compulsive economic growth and the delusions of national sovereignty, and to honor our actual dependence on the more-than-human world. This book points the way forward.' - David Bollier, author of Think Like a Commoner and cofounder of the Commons Strategies Group 'This book takes a fresh look at governance of the environment, from the long-neglected perspective of international trusteeship: What if sovereign states were not the legal 'owners' of our planet's common natural resources, but mere 'trustees' on behalf of people (present and future) as the ultimate beneficiaries? Thoroughly documented and brilliantly pleaded, Bosselmann's work opens a whole new research agenda on how to hold governments and international organizations accountable to citizens in an age of global environmental democracy.' - Peter H. Sand, University of Munich, Germany The predicament of uncontrolled growth in a finite world puts the global commons - such as oceans, atmosphere, and biosphere - at risk. So far, states have not found the means to protect what, essentially, is outside their jurisdiction. However, the jurisprudence of international law has matured to a point that makes global governance beyond state-negotiated compromises both possible and desirable. This book makes an ambitious, yet well-researched and convincing, case for trusteeship governance. Earth Governance shows how the United Nations, together with states, can draw from their own traditions to develop new, effective regimes of environmental trusteeship. Klaus Bosselmann argues that the integrity of the earth's ecological system depends on institutional reform, and that only an ethic of stewardship and trusteeship will create the institutions, laws and policies powerful enough to reclaim and protect the global commons. This comprehensive exploration of environmental governance will appeal to scholars and students of environmental law, and international law and relations, as well as to UN and government officials and policymakers.

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What Reviewers Are Saying

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Sep 26th 2015, 21:29
Must read
Awesome - 10 out of 10
A MUST-READ TREATISE ON ENVIRONMENTAL PROBLEMS AND THEIR POSSIBLE SOLUTIONS

An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

Environmentalists, particularly environmental lawyers will be fascinated by this book, published recently by Edward Elgar Publishing Limited. Written by the well-known environmentalist Klaus Bosselmann, it is more rather than less, a wake-up call for the preservation of Earth’s increasingly threatened environment and the eventual (and now urgent) need for a shift from state-centred governance (by individual nation states) to what is termed ‘earth-centred governance.’

‘At the core of this shift’, says the author, ‘is the concern for the global commons, that is, the oceans, the atmosphere, the entire biosphere. We are warned that if we lose these (which is what is happening quite relentlessly in response to such factors as climate change), we are in danger of losing our local commons such as livelihoods, knowledge and the cultural sphere.

One is tempted to remark here that largely uncontrolled international terrorism, civil strife, repression, dictatorship, fanaticism and brutality, and the resulting collapse of infrastructure and government, as in the Middle East at the moment, can do a better, faster and more efficient job of achieving these dire outcomes than the loss of bio-diversity and climate change.

Nevertheless, the book makes any number of important points and assembles any number of careful arguments in favour of international trusteeship and stewardship of increasingly vulnerable global environments. Only within this type of ethical landscape can there emerge the laws, policies and institutions (internationally agreed upon) that can and must improve the governance of Earth’s environment.

Convincing and lucid arguments are put forward to explain why governance by individual nation-states is limited in its power to solve, or even to control planet-wide ecological problems and catastrophes. A number of alternatives are therefore proposed, including a multilayered transnational system of democratic governance based on constitutional principles such as those expressed in the Earth Charter which provides a workable ethical framework.

As Director of the New Zealand Centre for Environmental Law at the University of Auckland, New Zealand, the author does deliver dire predictions about the future of civilization unless we who live on this planet do something quick about our threatened global environment.

Bosselmann’s arguments are balanced nonetheless by numerous and quite inspiring rays of hope in the form of proposals about how we can act co-operatively and positively to rectify past and current environmental wrongs. ‘Earth governance,’ he says, ‘describes a new starting point, a new goal and new ways to get there.’

This important new book contains an impressive array of thoughtful and authoritative statements on the environment and on governance that international and environmental lawyers and academics -- as well as governments worldwide -- would do well to heed.

The publication date is cited as at 2015.
Newspapers & Magazines
'Written by one of the most prolific and provocative thinkers of our time, Klaus Bosselmann's latest book is set to reaffirm his rank among the leading environmental law scholars in the world. Bosselmann cogently argues that we live in deeply troubling times, characterized as they are by unprecedented socio-ecological upheaval. His vision is of a global governance order that is centred on the Earth as an integrated whole and that seeks to protect the Earth's ecological integrity, especially insofar as the global commons are concerned. This book is an original, timely and very welcome (juridical) addition to the growing body of Earth system governance literature.' -- Louis J. Kotze, North-West University, South Africa, University of Lincoln, UK and Deputy-Director of the Global Network for the Study of Human Rights and the Environment 'Klaus Bosselmann provides a subtle and masterful overview of the limits of contemporary law and nation-state governance in solving our planetary ecological catastrophes. Even better, he offers a range of practical and attractive alternatives, most notably the commons and new forms of trusteeship. We must promptly adopt these new/old legal forms in order to overcome compulsive economic growth and the delusions of national sovereignty, and to honor our actual dependence on the more-than-human world. This book points the way forward.' -- David Bollier, author of Think Like a Commoner and cofounder of the Commons Strategies Group 'This book takes a fresh look at governance of the environment, from the long-neglected perspective of international trusteeship: What if sovereign states were not the legal "owners" of our planet's common natural resources, but mere "trustees" on behalf of people (present and future) as the ultimate beneficiaries? Thoroughly documented and brilliantly pleaded, Bosselmann's work opens a whole new research agenda on how to hold governments and international organizations accountable to citizens in an age of global environmental democracy.' -- Peter H. Sand, University of Munich, Germany