Green governance: ecological survival, human rights, and the law of the commons

Trends that point toward a new synthesis

The human right to a clean and healthy environment

The quest for a new rights-based pathway

Making the conceptual transition to the new paradigm

The commons as a model for ecological governance

The rise of the commons movement globally

Imagining a new architecture of law and policy to support the ecological commons

Catalytic strategies for achieving green governance.

Prologue

pt. 1. Trends that point toward a new synthesis. The tragedy of the market. New governance models on the Internet. Imagining new types of governance that go beyond market and state

The human right to a clean and healthy environment

The quest for a new rights-based pathway. Intergenerational environmental rights. Nature's rights. Four systemic complications

Making the conceptual transition to the new paradigm. The power of human rights. The potential of vernacular law. The necessity of self-organized governance and collaboration in complex adaptive systems

pt. 2. The commons as a model for ecological governance. The characteristics of commons. A brief history of commons law and the right to the environment. Social scientists rediscover the commons

The rise of the commons movement globally. Internal governance principles of commons. Macro-principles and policies to guide the state/market in supporting the commons sector. The special challenge of large-scale ecological commons

Catalytic strategies for achieving green governance. Vernacular law commons. "Private law work-arounds". Localism and municipal law as a vehicle for protecting commons. Federal and provincial governments as supporters of commons formation and expansion. Expanding and strengthening the public trust doctrine. State trustee commons. Eco-digital innovations: crowdsourcing, participatory sensing, wikis, and more. Establishing commons trusts to manage common assets and distribute revenues. State chartering of new types of commons trusts. New types of multilateral frameworks that can manage large-scale common-pool resources

Epilogue

Appendix: Universal convenant affirming a human right to commons- and rights-based governance of Earth's natural wealth and resources

Addendum: The international legal status of the human right to a clean and healthy environment

Bibliography of pertinent books [p. 337-353].