This chapter is devoted to highlighting the international, European and Ukrainian experience encompassing legal regulation dealing with the invasive alien species that represent the second largest threat to global biodiversity, right after habitat destruction. It has been proved that, at the international level, primarily within the framework of the Convention on Biological Diversity, the ecosystem approach is recognized as the basis in dealing with such species. It is also gradually being reflected in the regulatory framework of the European Union. The provisions of the EU on nature protection and the relevant regulations of the European Commission define invasive species, which are prohibited from activities that may contribute to their dissemination in the environment. In the Ukrainian environmental law, a positive trend towards the recognition of the ecosystem approach in dealing with invasive alien species is observed primarily among national strategic documents, while in current national environmental legislation, these issues are regulated fragmentarily and inconsistently, which indicates the need for its early reform.
Environmental law; Biological diversity; Invasive alien species; Ecosystem; Ecosystem approach
Suietnov, Y. and Tulina, E., ‘Ecosystem Approach in Dealing with Invasive Alien Species: International, European and Ukrainian Experience of Legal Regulation’ in Hasrat Arjjumend (ed), Advances in Environmental Law (TGI Books/ The Grassroots Institute, Montreal/Vancouver, Canada, 2024), pp. 97-124. ISBN: 978-1-7778455-2-0. https://doi.org/10.33002/enrlaw-333/c4
Open Access. Copyright © 2024 the author(s), published by TGI Books/ The Grassroots Institute. This work is licensed under the Creative Commons Attribution- Non Commercial - No Derivatives 4.0 International License. This work was first published as an article in the JGJNR journal of the same publisher with Doi: https://doi.org/10.33002/nr2581.6853.040308. This Chapter is the revised 2nd edition.
Edited by Dr. Hasrat Arjjumend
Open Access
"Advances in Environmental Law" is a ground-breaking exploration of the ever-evolving field of environmental jurisprudence, providing a comprehensive examination of key themes such as Environmental Law, Climate Law, European Law, Globalization, Indigenous Peoples, Right to Clean Environment, Environmental Litigation, Clean Energy, Sustainable Development, and Environmental Policy. Authored by leading experts in the field, this book serves as a vital resource for legal professionals, policymakers, academics, and anyone passionate about the intersection of law and environmental sustainability.
Foreworded by eminent and high stature legal scientist, Prof. Dr. Anatoly Getman, who is State honoured esteemed Rector of Ukraine’s the only National Law University in the name of Yaroslav the Wise, this book begins by dissecting the foundations of Environmental Law, offering a detailed analysis of international and domestic legal frameworks that shape environmental governance. It delves into the intricate web of treaties, conventions, and agreements that guide nations in their commitment to preserving the planet's health.
A significant focus is placed on Climate Law, exploring the legal mechanisms designed to address the urgent challenges of climate change. The book navigates through international climate agreements, domestic legislation, and the role of environmental courts in shaping policies aimed at mitigating and adapting to the impacts of a changing climate. In the context of European Law, the book investigates the specific legal frameworks within the European Union that govern environmental protection and sustainability. It explores landmark cases and legislative developments that have shaped the continent's approach to ecological conservation and climate action.
Globalization emerges as a key theme, with the book scrutinizing the legal implications of interconnected economies on environmental practices. It addresses the challenges and opportunities presented by the globalized nature of environmental issues, emphasizing the need for transnational cooperation and legal instruments. Indigenous Peoples' rights and their role in environmental governance are explored in depth, recognizing the unique perspectives and contributions of indigenous communities in environmental conservation. The book critically examines legal frameworks that safeguard indigenous knowledge and territories.
The Right to a Clean Environment is a fundamental principle underpinning the book's exploration. It discusses the evolution of this right and its implications for legal systems worldwide, emphasizing its role in shaping environmental policies and promoting justice. Environmental Litigation is scrutinized as a powerful tool for advocacy and accountability. The book analyses landmark environmental cases, shedding light on the role of the judiciary in influencing environmental policies and holding violators accountable. Clean Energy and Sustainable Development are discussed in the context of legal frameworks that promote the transition to environmentally friendly practices. The book examines the role of law in incentivizing clean energy initiatives and fostering sustainable development. Environmental Policy is a recurring theme throughout the book, with a focus on the development, implementation, and evaluation of policies aimed at addressing pressing environmental challenges.
Thus, the "Advances in Environmental Law" is a timely and authoritative work that not only captures the current state of environmental jurisprudence but also paves the way for future developments in the field. With its interdisciplinary approach and emphasis on global perspectives, this book is an invaluable resource for anyone seeking a deeper understanding of the intricate interplay between law, the environment, and sustainable development.
Arjjumend, H. (ed.) (2024). Advances in Environmental Law. Montreal/Vancouver, Canada: The Grassroots Institute, ISBN: 978-1-7778455-2-0. Doi: https://doi.org/10.33002/enrlaw-333
