Blue Planet Law

Front matter

M. | SPRINGER NATURE SDG: 13 “ays | Sustainable Development Goals Series Climate Action

Maria da Glória Garcia Antonio Cortés Editors

Blue Planet Law

Preface

Preface vii

The possible futures for our planet are many, but the future that becomes the present will involve philosophical, scientific, technological, economic and legal reflection. This book is a contribution to that reflection.

Lisbon, Portugal Maria da Glória Garcia 5 June 2022 António Cortés

Blue Planet Law, which is now being brought to the public, has only been possible due to the unconditional support, from the very beginning, of the Law Research Support Platform at Católica (Plataforma de Apoio à Investigação em Direito na Católica—PAIDC), which is made up of a number of law firms—Abreu & Associados, Albuquerque & Associados, Cuatrecasas, DLA Piper ABBC, Garrigues, Morais Leitão & Associados, PLMJ, Rebelo de Sousa & Associados, VdA—and professors and alumni of the Catholic University of Portugal, including the late: Diogo Freitas do Amaral, Evaristo Mendes, Fernando Ferreira Pinto, Francisco Sá Carneiro, Gabriela Rodrigues Martins, Germano Marques da Silva, Isabel Marques da Silva, Joao Miranda de Sousa, Jorge Brito Pereira, Lin Man, Lino Torgal, Luís Barreto Xavier, Margarida Costa Gomes, Maria da Glória Garcia, Maria da Glória Leitão, Maria Joao Estorninho, Rogério Alves and Rui Medeiros. The book's coordinators take great pleasure in expressing their deepest gratitude to each and every one of them, thanking them in particular for their trust, in the hope that this scientifically diverse collection, but with the thread of the science of law running through it, may reward them for that confidence and allow them to take pleasure in the fact that, in some way, they have contributed to the sustainability of the blue planet.

To the authors—and there were many (33) who contributed with articles for the book—the coordinators are grateful for the enthusiasm with which they embraced the project and gave the best of their expertise, patiently responding to all requests, and always seeking to improve and meet the desired goals. To Magda Coelho, who creatively prepared the book of abstracts and gave shape to the hope of producing the book, the coordinators also extend their thanks. To Michelle Wells, who patiently and competently revised the English language of all the articles, the coordinators express their gratitude for her precious contributions. Our thanks are also extended to the company AJE Help Center that standardised the articles to meet the required rules of style. To Elsa Vaz de Sequeira, Director of the Católica Research Centre for the Future of Law, the coordinators are grateful for the promptness with which she always responded to our requests and, over the time of planning the work, heeded our concerns, heightened by the pandemic and the lack of support staff.

x Acknowledgements

A final word must go to the publisher Springer, and in particular to our interlocutor, Manuela Schwietzer, to whom the coordinators express their appreciation and gratitude for their prompt responses to our doubts and, fundamentally, for believing in the project and enabling us to bring it to the public.

Part I Foundations of Global Ecological Sustainability Blue Planet Law and Ecological Sustainability in the António Cortês

Environmental Law in the EU: A Pathway Toward the Green AELE I PEAN dob ERE A E E EEE E E E aie dei OR E 21 Nicolas de Sadeleer

Our Blue Planet at the Crossroads. Between the Hobbesian Viriato Soromenho-Marques and Paulo Magalhães

Human Responsibility for the Protection of Our “Common Home” oi... 4 canos an RR ARR ESAGR ERA 49 Michel Renaud

Scientific Knowledge: Its Impacts on Judicial Decision-Making Emily Sipiorski

Part II Climate, Ocean and Biodiversity Protection

Filipe Duarte Santos, Paulo Lopes Ferreira, and Jiesper Strandsbjerg Tristan Pedersen

Manuela Pintado and Alexandra Aragáo

Suing States: The Role of Courts in Promoting States’ Armando Rocha

Irini Papanicolopulu

Climate Change and the Ocean: The Disruption of the Coral Reel o. seio p RR VR hFSHR ORES Re 121 Fabio-Massimo Battaglia xi xii

Emanuel J. Gonçalves

Part II Law, Policy and Ecological Sustainability

Suzana Tavares da Silva and António Gomes Martins

The Impact of Ecolabels and Green Taxes on Market

Gabriel Englander, Andrew W. Stevens, Rebecca L. C. Taylor, and Sofia B. Villas-Boas

Environmental Governance Through Tax Law in the

Marta Villar Ezcurra and Jerónimo Maillo Gonzalez-Orts

Legal and Normative Challenges Behind Sustainable Seafood . . . .

Josephine Woronoff

Blue Economy and Sustainable Development Beyond Boxes... .

'Thauan Santos

Part IV Law, Genetic Resources and Biotechnology A Legal Approach to Fostering Green Infrastructure for

Paula Castro and Raquel Carvalho

Maria Inés Gameiro

Marine Bioprospecting: Understanding the Activity and Some Challenges Related to Environmental Protection, Scientific

Maria Bekiari

Biotechnological Patents, Compulsory Licensing and

Fighting Listeria monocytogenes with Bacteriophages:

Maria Joao Estorninho and Paula Teixeira

Genetic Engineering and the Law—Past, Present and Beyond: 20+1 Criteria to Help Focus the Path to Our Common Future. . .

Margarida Silva

Contents

Part |

Foundations of Global Ecological Sustainability

António Cortés