Greening the Civil Codes: Comparative Private Law and Environmental Protection

This book explores the greening of civil codes from a comparative perspective, considering the impact of supranational rules, distributive justice, and private law legal tools in addressing global warming and environmental emergencies. It promotes interdisciplinary research in environmental and natural resources courses.

Format: Hardback
Length: 138 pages
Publication date: 05 May 2023
Publisher: Taylor & Francis Ltd

This comprehensive book delves into the transformative journey of civil codes towards sustainability, taking a comparative approach. It explores the growing demands of supranational rules, which advocate for measures to combat global warming and its detrimental environmental consequences. It also emphasizes the urgent need to enhance distributive justice in the face of the current ecological emergency. Furthermore, it reflects on the potential use of private law legal tools to safeguard the interests of nature. By addressing a gap in the expanding literature on developing rights of nature and ecosystems in transnational law, this work fosters interdisciplinary research that is relevant to a wide array of environmental and natural resources-focused courses across social sciences, particularly those related to comparative law systems, legal anthropology, legal traditions worldwide, political science, and international relations.

Introduction:
The greening of civil codes is a crucial endeavor that responds to the pressing need for sustainable development and environmental protection. This book examines the evolution of civil codes from a comparative perspective, taking into account the increasing requirements of supranational rules, which favor measures to reduce global warming and its negative environmental impacts. It also discusses the necessity to expand distributive justice given the current ecological emergency. Furthermore, it reflects on which private law legal tools potentially may be employed to defend natures interests.
The Growing Demand for Sustainable Development:
The world is facing a myriad of environmental challenges, including climate change, deforestation, biodiversity loss, and pollution. In response, supranational rules have emerged as powerful instruments for promoting sustainable development. These rules, such as the United Nations Framework Convention on Climate Change (UNFCCC) and the Convention on Biological Diversity (CBD), emphasize the importance of reducing greenhouse gas emissions, protecting natural resources, and promoting sustainable practices.
Expanding Distributive Justice:
While the focus of the greening of civil codes is on environmental issues, it is equally important to consider the need to expand distributive justice. Distributive justice refers to the fair distribution of resources and benefits among individuals and communities. In the context of the ecological emergency, it is essential to ensure that marginalized groups, such as low-income communities and indigenous peoples, have access to clean water, food, and healthcare.
Private Law Legal Tools for Defending Nature:
Private law legal tools can play a significant role in defending natures interests. One such tool is the concept of natural rights, which recognizes the intrinsic value of nature and the rights of individuals to protect it. Natural rights have been recognized in various legal systems, including international law and domestic law. Another tool is the environmental impact assessment (EIA), which is a process used to evaluate the potential environmental impacts of proposed projects.
Conclusion:
The greening of civil codes is a complex and multifaceted process that requires a comprehensive approach. It requires the collaboration of legal experts, policymakers, and environmentalists to develop and implement sustainable policies and practices. By taking a comparative perspective and considering the growing demands of supranational rules, the necessity to expand distributive justice, and the potential use of private law legal tools, this book contributes to the growing literature on developing rights of nature and ecosystems in transnational law.

Weight: 440g
Dimension: 234 x 156 (mm)
ISBN-13: 9781032403564