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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
1

Mining from the Lens of Ecological Law: Obstacles and Opportunities for Re-formation

Sbert Carlsson, Carla 14 May 2019 (has links)
Ecological law is a legal paradigm that is emerging in response to the current ecological crisis. This thesis explores the main challenges and opportunities in existing laws, particularly in the context of mining, for a shift to this new paradigm. A synthesis of the main critiques, scientific and economic concepts, legal scholarship and proposals that contribute to the theory of ecological law is presented, along with a discussion of the relationship and potential synergies of ecological law with Indigenous legal traditions and with Green Legal Theory. An analytical tool to help improve the understanding of what a shift to ecological law would entail–a lens of ecological law–is proposed, building on ecological law scholarship. The lens of ecological law consists of three principles of ecological law: ecocentrism, ecological primacy and ecological justice. This lens is applied to three different legal approaches to mining in order to reflect on the implications for a shift to ecological law in this sector: El Salvador’s ban on metal mining; mineral extraction proposed in Ontario’s Ring of Fire; and mining in the context of the rights of Mother Earth and vivir bien recognized in Bolivian law. Conclusions on the obstacles and opportunities for a shift to ecological law in mining, and recommendations on the ecological law re-formation of mining and on further research are offered in closing. Ecological law promises to be an important part of building an ecologically just society.

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