Can—and should—participation be a means of achieving sustainability? The concepts of sustainability and participation are both in vogue, and many international, supranational and national legal texts and standards refer to these two concepts. However, there are still several unanswered questions that invite legal inquiry: which sustainability? Which kinds of participation? Participation by whom? How are the two concepts of sustainability and participation effectively interlinked in legal provisions? This book approaches the interconnection between sustainability and participation inductively and precisely in areas of law which are commonly associated with sustainability and sustainable development: national, European and international environmental and economic law.
Birgit Peters, Prof. Dr., LL.M. (London), University of Trier, Germany, is Professor of Public Law, Public International and European Law. She is co-founder of the SustaiNet network. She has published broadly on European and International (environmental and human rights) Law. She is the author of several books, including
Developments in Customary International Law (Brill 2010).
Eva Julia Lohse, Prof. Dr., LLM (Kent), University of Bayreuth, Germany, is Professor of Public, European and Comparative Law at this university. She is co-founder of the network SustaiNet and has published broadly on comparative and EU-law aspects of participation and environment.
Series Editor’s Preface
Acknowledgements
List of Tables and Figures
Notes on Contributors
Introduction: “Sustainability through Participation? – National, Supranational and International Legal Perspectives”
Eva Julia Lohse and Birgit Peters
Part 1: Fundamentals
1 The Historical Perspective Birgit Peters 2 Re-imagining Participation in the Anthropocene: The Potential of the Rights of Nature Paradigm Paola Villavicencio-Calzadilla and Louis Kotzé
Part 2: National Perspectives
3 Comparative Administrative Law Perspectives – Europe, Latin-America, Africa Eva Julia Lohse 4 Comparative Administrative Law Perspectives: China Daniele Brombal
Part 3: The European Union Perspective
5 The Scope and Requirements of Public Participation in EU Environmental Law Giacomo Gattinara and Magnus Noll-Ehlers 6 Impact of Supranational Concepts of Participation and Sustainability on National Administrative Law Cristina Fraenkel-Haeberle 7 The Law of Public Finance Matthias Valta 8 State Aid Law Julius Buckler 9 Competition Law Matthias Uffer
Part 4: International Legal Perspectives
10 The Human Rights Dimension Angela Schwerdtfeger 11 The Case of Biodiversity Protection Federica Cittadino and Emma Mitrotta 12 Climate Change Law Omondi R. Owino 13 The Law of the High Seas Violeta S. Radovich 14 The Law of Multilateral Development Banks Michael Riegner 15 International Investment Law Paolo Turrini Conclusions Margherita Paola Poto
Annex Index
Graduate students of environmental law, public international law, and European law; academics and practitioners in the field of environmental law, law of participation, sustainability, financial law, economic law