Law, Nature and the Ecosystem Approach: Modelling a Transcultural Eco-Legal Framework across Europe and Latin America

This book argues that, beyond the apparent fracture between humans and nature that defines the Anthropocene crisis, there exists a shared cultural foundation in legal traditions, converging on the recognition of the intrinsic value of Nature and of the ecosystem interconnections between human and non-human life. The legal innovations explored here―particularly from Latin America―embody a holistic, integrated view coherent with the ecosystem approach. It is proposed that these ideas offer potential not only within their own legal systems but also as models for Western legal frameworks. Divided into five parts, the book maintains a balance between theoretical and empirical, combining foundational legal and philosophical discussions with practical case studies and applications. Part 1 establishes the theoretical foundation, setting the conceptual framework of the volume. Part 2 builds on this by addressing the methodological implications and laying the groundwork for a transition from anthropocentric to ecocentric governance. Parts 3 and 4 bridge theory with practice, exploring participatory tools, bottom-up initiatives, and challenges to traditional environmental law, illustrating how theoretical advancements are applied in specific legal and policy contexts. Part 5 focuses on jurisprudence and the role of the judiciary, providing an empirical analysis of how legal principles are interpreted and enforced in judicial settings. This progression ensures that the book effectively integrates theory with empirical research, underscoring its interdisciplinary and practical significance. The volume will be of interest to those working in the areas of Legal Philosophy, Environmental Law, Constitutional Law, Comparative Law, Human Rights, Anthropology and Environmental Studies.

The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution- Non Commercial-Share Alike (CC-BY-NC-SA)] 4.0 license.

Silvia Bagni is Associate Professor of Comparative Public Law in the Department of Political and Social Sciences at the University of Bologna, Italy. Her research interests include constitutional justice, Latin American constitutionalism, interculturalism, and ecological law. She is a member of the UN Harmony with Nature Programme.

Serena Baldin is Full Professor of Comparative Public Law at the University of Trieste, Italy, where she is affiliated to the Department of Political and Social Sciences and also to the Interdepartmental Centre for Energy, Environment and Transport “G. Ciamician”. Her research interests include environmental constitutionalism, climate law, constitutional justice, and minority protection.

Veronica Federico is Associate Professor of Comparative Public Law at the University of Florence, Italy, where she is affiliated to the Department of Legal Sciences. Her research interests include environmental constitutionalism, comparative migration law, African constitutional law, and constitutional and democratic transitions.