Ecosystem services and judge-made law: A review of legal cases in common law countries

Sharon, Ori; Fishman, Sydney N.; Ruhl, J. B.; Olander, Lydia; Roady, Stephen E.

doi:10.1016/j.ecoser.2018.05.010

Cited by 28 publications

(10 citation statements)

References 15 publications

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“…Nonetheless, the mentions of ESs in Latin America do not differ from what Sharon et al ( 2018 ) found in their analysis of American and other common law legal systems, where the ESs are mostly mentioned peripherally in the judgments and are not central in court decisions. However, in Latin America, we found that judges are who use and incorporate the ES paradigm in their reasoning, rather than the plaintiffs.…”

Section: Discussionmentioning

confidence: 49%

“…The third category is based on the methodology proposed by Sharon et al ( 2018 ), in which the authors classify the use of ES in “Peripheral Mentions” or “Central issues.” On the one hand, “Peripheral Mentions” are judicial decisions in which the keywords are found in the case; however, the ES concept is not central to the arguments or the ruling in the case, as they serve to contextualize the central themes (Sharon et al 2018 ). On the other hand, the “Central Issue” are judgments that incorporate the ES to an extent to which the concept serves as the court ruling’s foundation.…”

Section: Methodsmentioning

confidence: 99%

“…Constitutional courts and environmental tribunals continually face difficult questions about the manner to fully assess how our impacts on nature, either degrading or restoring, are affecting human well-being. Also, they deal with matters such as how to provide a more comprehensive understanding of the benefits, trade-offs, and consequences of human actions over nature (Sharon et al 2018 ). While the resource-driven economic system is pervasive in Latin America (Carvajal 2016 ) and vulnerable groups increasingly demand justice (Svampa 2012 ), domestic judges are called to deal with the urgency of advancing social and environmental justice through creative, interdisciplinary, and meaningful tools.…”

Section: Introductionmentioning

confidence: 99%

“…6 Interestingly, its use by judicial systems as a tool to fully understand and assess human actions seems to follow this fashion. Emerging trends and relevant lessons that inform the ES litigation have already been studied in some countries with common law tradition (Sharon et al 2018 ).…”

Section: Introductionmentioning

confidence: 99%

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Ecosystem Services as a Promising Paradigm to Protect Environmental Rights of Indigenous Peoples in Latin America: the Constitutional Court Landmark Decision to Protect Arroyo Bruno in Colombia

Gómez-Betancur¹,

Vilardy

2021

Environmental Management

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In the last years, the interest in ecosystem services (ESs) as a decision-making tool for environmental policy has been growing. The ES paradigm has also impacted the judicial system and in some countries the common law tradition. Experiences and lessons learned from the ES litigation have been already documented. In the initial analysis, this article aims to identify key trends in ESs case law in Latin America—a leading region in environmental constitutionalism—by exploring the judicial decisions issued by high courts and subnational environmental courts that mention or incorporate the ES term. In the second level of analysis, we focused on the Colombian Constitutional Court landmark decision; the Arroyo Bruno judgment aimed to protect the rights to water, food security, and health of the Wayuú indigenous people. We argue this is a groundbreaking ruling in Latin America, given that for the first time, a Court uses the ES-based approach to protect the environmental rights of ethnic communities, incorporating ES concepts to the constitutional law sphere and integrating into the same conversation, interdisciplinary and intercultural knowledge.

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Section: Discussionmentioning

confidence: 49%

Section: Methodsmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

See 2 more Smart Citations

Ecosystem Services as a Promising Paradigm to Protect Environmental Rights of Indigenous Peoples in Latin America: the Constitutional Court Landmark Decision to Protect Arroyo Bruno in Colombia

Gómez-Betancur¹,

Vilardy

2021

Environmental Management

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“…These reviews are not intended to be fully exhaustive, but rather capture the broad suite of ecosystem services topics in U.S. environmental law and translated for EBM practitioners. For a recent overview of case law on ecosystem services, including U.S. examples, the reader is directed to Sharon et al (2018). The 1862 HA provided 160 acres of public land to homesteaders who paid a filing fee and lived on the land for five years before receiving the deed in order to promote westward expansion and the productive use (as a service) of the frontier.…”

Section: Introduction To Ecosystem Services and Ebm In Law And Governmentioning

confidence: 99%

Ecosystem Services in U.S. Environmental Law and Governance for the Ecosystem-Based Management Practitioner

Harwell

2020

Ecosystem-Based Management, Ecosystem Services and Aquatic Biodiversity

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This chapter provides an overview of ecosystem services issues in United States (U.S.) law and governance for the Ecosystem-Based Management (EBM) practitioner. A brief overview summary of a suite of U.S. federal environmental laws where ecosystems services are relevant is presented along with a high-level overview of ecosystem services in federal and state agency regulations as it helps inform ecosystem-based management. As with the published science-based literature on ecosystem services, there is also a sizeable law-based literature available on ecosystem services. A HeinOnline law journal library focused search identified 1903 legal articles that contained reference to ecosystem services. Focusing on a snapshot of key literature, this chapter presents an overview of those articles that contained "ecosystem services" or "ecosystem based management" just in the article's title. From this survey across the breadth of law journals, a suite of ecosystem services topics related to EBM in environmental law are identified and summarized. Overall, the goal of this chapter is to present a high-level overview and direct the reader to resources to find more in-depth legal analyses of select ecosystem services topics. Lessons Learned • EBM practitioners need to have the large suite of federal environmental laws that impact EBM as a frame of reference. • There is active legal scholar literature on the intersection between ecosystem services and environmental laws. • The majority of the active legal scholar literature is focused on the core environmental laws, however, the summary table informs the reader of the potential applications of other legal and governance frameworks to ecosystem services and EBM.

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Connecting ecosystem services science and policy in the field

Ruhl

Salzman

Arnold

et al. 2021

Frontiers in Ecol & Environ

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Ecosystem services and judge-made law: A review of legal cases in common law countries

Cited by 28 publications

References 15 publications

Ecosystem Services as a Promising Paradigm to Protect Environmental Rights of Indigenous Peoples in Latin America: the Constitutional Court Landmark Decision to Protect Arroyo Bruno in Colombia

Ecosystem Services as a Promising Paradigm to Protect Environmental Rights of Indigenous Peoples in Latin America: the Constitutional Court Landmark Decision to Protect Arroyo Bruno in Colombia

Ecosystem Services in U.S. Environmental Law and Governance for the Ecosystem-Based Management Practitioner

Connecting ecosystem services science and policy in the field

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