Human Dignity And The Adjudication Of Environmental Rights
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Human Dignity and the Adjudication of Environmental Rights by Dina L. Townsend Pdf
Focusing on contemporary debates in philosophy and legal theory, this ground-breaking book provides a compelling enquiry into the nature of human dignity. The author not only illustrates that dignity is a concept that can extend our understanding of our environmental impacts and duties, but also highlights how our reliance on and relatedness to the environment further extends and enhances our understanding of dignity itself.
Human Rights and the Environment by James R. May,Erin Daly Pdf
Much has been written, discussed, advocated and litigated about human rights and the environment over the last two decades. This comprehensive volume of the Elgar Encyclopedia of Environmental Law offers fresh perspectives to the conversation by focusing on four subjects that shed new light on the subject of environmental human rights: the challenges of identifying the fundamental legal sources for the protection of human rights and the environment, the recognition of the indivisibility of human rights and environmental law, the centrality of the right to human dignity as the lodestar of human rights law, and the uniqueness of geographic particularities.
Human Rights and Environmental Sustainability by Kerri Woods Pdf
Human Rights and Environmental Sustainability challenges the assumed harmony between human rights norms and the demands of environmental sustainability, by addressing conceptual, normative, and political questions surrounding the interaction between the two. What is gained and lost by environmental theorists and activists adopting the language and institutions of human rights? Is there coherence or tension between the values of human rights and environmental sustainability? Is the idea of environmental human rights plausible, and defensible? Whereas previous studies have considered the interface between human rights and environmental sustainability on an empirical level, this pioneering book engages the theoretical and philosophical issues at stake. Given the significant environmental challenges we face, and the dominance of human rights as a normative framework, these concerns demand our attention. This timely work will appeal to scholars in the fields of environmental politics, philosophy, human rights theory and global or international ethics, as well as postgraduate students in environmental politics, and philosophy. Postgraduate students in human rights - particularly human rights theory - global or international ethics, and scholars working in environmental law or human rights law will also find this book invaluable.
Global Environmental Constitutionalism by James R. May,Erin Daly Pdf
Reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water, and land and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights, and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.
Advanced Introduction to Human Dignity and Law by James R. May,Erin Daly Pdf
This thought-provoking introduction provides an incisive overview of dignity law, a field of law emerging in every region of the globe that touches all significant aspects of the human experience. Through an examination of the burgeoning case law in this area, James R. May and Erin Daly reveal a strong overlapping consensus surrounding the meaning of human dignity as a legal right and a fundamental value of nations large and small, and how this global jurisprudence is redefining the relationship between individuals and the state.
Children’s Environmental Rights Under International and EU Law by Francesca Ippolito Pdf
This book is dedicated to a topic which has for a long time lacked the attention it deserves within the academic world. It intends to address in a coherent and comprehensive manner the problem of the environmental rights of the child, which are not identical to the ones of adults whose environmental rights have been appraised from a general point of view. In the absence of any international law instrument explicitly granting a child the right to a clean environment, drawing on an extensive and original analysis of the UN Convention on the Rights of the Child and the practice of its monitoring body, this book undertakes an assessment of the extent to which these challenges may be overcome through a greater engagement between international law on the rights of the child and international environmental law. The result is the first comprehensive study on the manner in which these two mutually reinforcing legal regimes can interact to strengthen the protection of children’s environmental human rights at stake in the increased strategic environmental and climate litigations at both the national and international level. The book is recommended reading for, amongst others, policy makers, international environmental lawyers and human rights lawyers and practitioners. Additionally, lecturers, students and researchers from a range of disciplines will also gain from seeing how new legal scholarship and intertwined branches of international law contribute to the continual development of the living rights of the human rights conventions. Francesca Ippolito is Associate Professor of International Law in the Department of Political and Social Science of the University of Cagliari, Italy. She holds the Jean Monnet Chair on European Climate of Change - REACT for 2021-2024.
Originally published in 2012, Dignity Rights is the first book to explore the constitutional law of dignity around the world. In it, Erin Daly shows how dignity has come not only to define specific interests like the right to humane treatment or to earn a living wage, but also to protect the basic rights of a person to control his or her own life and to live in society with others. Daly argues that, through the right to dignity, courts are redefining what it means to be human in the modern world. As described by the courts, the scope of dignity rights marks the outer boundaries of state power, limiting state authority to meet the demands of human dignity. As a result, these cases force us to reexamine the relationship between the individual and the state and, in turn, contribute to a new and richer understanding of the role of the citizen in modern democracies. This updated edition features a new preface by the author, in which she articulates how, over the past decade, dignity rights cases have evolved to incorporate the convergence of human rights and environmental rights that we have seen at the international level and in domestic constitutions.
Transformative Environmental Constitutionalism by Melanie Murcott Pdf
In Transformative Environmental Constitutionalism, Professor Melanie Jean Murcott writes from a Global South perspective, drawing on South African context to provide a transformative theoretical framework for adjudication of environmental law disputes which could be more responsive to social, environmental, and climate injustices.
Author : Walter F. Baber,Robert V. Bartlett Publisher : Cambridge University Press Page : 81 pages File Size : 40,5 Mb Release : 2020-06-25 Category : Law ISBN : 9781108732352
Environmental Human Rights in Earth System Governance by Walter F. Baber,Robert V. Bartlett Pdf
Environmental rights are a category of human rights necessarily central to both democracy and effective earth system governance (any environmental-ecological-sustainable democracy). For any democracy to remain democratic, some aspects must be beyond democracy and must not be allowed to be subjected to any ordinary democratic collective choice processes shy of consensus. Real, established rights constitute a necessary boundary of legitimate everyday democratic practice. We analyze how human rights are made democratically and, in particular, how they can be made with respect to matters environmental, especially matters that have import beyond the confines of the modern nation state.
Author : C. A. Gearty Publisher : Oxford University Press, USA Page : 278 pages File Size : 41,9 Mb Release : 2004 Category : Human rights ISBN : 0199270686
International Law and Posthuman Theory by Matilda Arvidsson,Emily Jones Pdf
Assembling a series of voices from across the field, this book demonstrates how posthuman theory can be employed to better understand and tackle some of the challenges faced by contemporary international law. With the vast environmental devastation being caused by climate change, the increasing use of artificial intelligence by international legal actors and the need for international law to face up to its colonial past, international law needs to change. But in regulating and preserving a stable global order in which states act as its main subjects, the traditional sources of international law – international legal statutes, customary international law, historical precedents and general principles of law – create a framework that slows down its capacity to act on contemporary challenges, and to imagine futures yet to come. In response, this collection maintains that posthuman theory can be used to better address the challenges faced by contemporary international law. Covering a wide array of contemporary topics – including environmental law, the law of the sea, colonialism, human rights, conflict and the impact of science and technology – it is the first book to bring new and emerging research on posthuman theory and international law together into one volume. This book’s posthuman engagement with central international legal debates, prefaced by the leading scholar in the field of posthuman theory, provides a perfect resource for students and scholars in international law, as well as critical and socio-legal theorists and others with interests in posthuman thought, technology, colonialism and ecology. Chapters 1, 9 and 11 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
Critical Anthropological Engagements in Human Alterity and Difference by Bjørn Enge Bertelsen,Synnøve Bendixsen Pdf
This book explores how one measures and analyzes human alterity and difference in an interconnected and ever-globalizing world. This book critically assesses the impact of what has often been dubbed ‘the ontological turn’ within anthropology in order to provide some answers to these questions. In doing so, the book explores the turn’s empirical and theoretical limits, accomplishments, and potential. The book distinguishes between three central strands of the ontological turn, namely worldviews, materialities, and politics. It presents empirically rich case studies, which help to elaborate on the potentiality and challenges which the ontological turn’s perspectives and approaches may have to offer.
The Logic of Human Rights by Ekaterina Yahyaoui Krivenko Pdf
Conceptualizing the nature of reality and the way the world functions, Ekaterina Yahyaoui Krivenko analyzes the foundations of human rights law in the strict subject/object dichotomy. Seeking to dismantle this dichotomy using topo-logic, a concept developed by Japanese philosopher Nishida Kitarō, this topical book formulates ways to operationalize alternative visions of human rights practice.
The Cambridge Handbook of Environmental Justice and Sustainable Development by Sumudu A. Atapattu,Carmen G. Gonzalez,Sara L. Seck Pdf
Despite the global endorsement of the Sustainable Development Goals, environmental justice struggles are growing all over the world. These struggles are not isolated injustices, but symptoms of interlocking forms of oppression that privilege the few while inflicting misery on the many and threatening ecological collapse. This handbook offers critical perspectives on the multi-dimensional, intersectional nature of environmental injustice and the cross-cutting forms of oppression that unite and divide these struggles, including gender, race, poverty, and indigeneity. The work sheds new light on the often-neglected social dimension of sustainability and its relationship to human rights and environmental justice. Using a variety of legal frameworks and case studies from around the world, this volume illustrates the importance of overcoming the fragmentation of these legal frameworks and social movements in order to develop holistic solutions that promote justice and protect the planet's ecosystems at a time of intensifying economic and ecological crisis.
The Routledge Handbook of Applied Climate Change Ethics by Donald A. Brown,Kathryn Gwiazdon,Laura Westra Pdf
The Routledge Handbook of Applied Climate Change Ethics is a powerful reference source for the identification and exploration of the underlying ethical issues in climate change law and policy. Bridging theory with practice, it takes ethical engagement out of the classroom and into the halls of governance. The Handbook‘s 39 chapters--written by a diverse and inter-disciplinary team of experts from around the world--are case studies divided into five parts. Parts I-IV highlight the ethical issues that arise in climate change policy formation, from duties not to harm to duties to consider the views and voices of those who will be, or are being, harmed; from the role of human rights, justice, and democracy to how to identify and respond to disinformation and denialism. It also raises the ethics of various policy responses, such as cap-and-trade, carbon taxing, and geo-engineering. Part V offers a way forward, with strategies on how to expressly consider ethics in climate change policy formation, from negotiations to education, media, communication, and the power and potential of shaming. The volume is essential reading for students, professors, and practitioners who wish to better engage with government and non-government organizations on climate policy, to better understand the practical application of the theory and philosophy of ethics, and how to more strongly draft and defend ethical action in negotiating, drafting, and defending climate change law and policy.
