Ecosystem services and judge-made law: A review of legal cases in common law countries
| Autor: | Sydney N. Fishman, Stephen E. Roady, Ori Sharon, Lydia Olander, J. B. Ruhl |
|---|---|
| Rok vydání: | 2018 |
| Předmět: |
Global and Planetary Change
010504 meteorology & atmospheric sciences Ecology Common law Geography Planning and Development 010501 environmental sciences Management Monitoring Policy and Law 01 natural sciences Agricultural and Biological Sciences (miscellaneous) Natural resource Ecosystem services Environmental law Action (philosophy) Law Environmental regulation Natural capital Business 0105 earth and related environmental sciences Nature and Landscape Conservation Valuation (finance) |
| Zdroj: | Ecosystem Services. 32:9-21 |
| ISSN: | 2212-0416 |
| Popis: | This paper reviews the prevalence and usage of the concept of “ecosystem services” in American and other common law legal systems. Our review suggests that this concept is rarely relied upon by courts and other adjudicatory bodies. We have identified 113 cases in seven common law countries, including a handful in the United States, the majority of which discuss ecosystem services and related concepts in only a peripheral manner, indicating that adjudicating bodies are hearing cases that consider ecosystem services in broad strokes rather than as central issues. Where ecosystem services are considered substantively, the cases view those services through the lens of interpreting and applying existing environmental laws and regulations, including laws that require environmental valuations. We identify several recurring trends in cases discussing ecosystem services and recommend courses of action for environmental agencies and litigants interested in furthering ecosystem services protection through the court systems of common law countries. |
| Databáze: | OpenAIRE |
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