The Global Emergence Of Constitutional Environmental Rights

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The Global Emergence of Constitutional Environmental Rights

Joshua C. Gellers
The Global Emergence of Constitutional Environmental Rights Book PDF

Author : Joshua C. Gellers
Publisher : Routledge
Page : 143 pages
File Size : 50,8 Mb
Release : 2017-05-18
Category : Law
ISBN : 9781315524399

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The Global Emergence of Constitutional Environmental Rights by Joshua C. Gellers Pdf

Over the past 40 years, countries throughout the world have similarly adopted human rights related to environmental governance and protection in national constitutions. Interestingly, these countries vary widely in terms of geography, politics, history, resources, and wealth. This raises the question: why do some countries have constitutional environmental rights while others do not? Bringing together theory from law, political science, and sociology, a global statistical analysis, and a comparative study of constitutional design in South Asia, Gellers presents a comprehensive response to this important question. Moving beyond normative debates and anecdotal developments in case law, as well as efforts to describe and categorize such rights around the world, this book provides a systematic analysis of the expansion of environmental rights using social science methods and theory. The resulting theoretical framework and empirical evidence offer new insights into how domestic and international factors interact during the constitution drafting process to produce new law that is both locally relevant and globally resonant. Scholars, practitioners, and students of law, political science, and sociology interested in understanding how institutions cope with complex problems like environmental degradation and human rights violations will find this book to be essential reading.

The Environmental Rights Revolution

David R. Boyd
The Environmental Rights Revolution Book PDF

Author : David R. Boyd
Publisher : UBC Press
Page : 470 pages
File Size : 51,7 Mb
Release : 2011-11-29
Category : Law
ISBN : 9780774821636

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The Environmental Rights Revolution by David R. Boyd Pdf

The right to a healthy environment has been the subject of extensive philosophical debates that revolve around the question: Should rights to clean air, water, and soil be entrenched in law? David Boyd answers this by moving beyond theoretical debates to measure the practical effects of enshrining the right in constitutions. His pioneering analysis of 193 constitutions and the laws and court decisions of more than 100 nations in Europe, Latin America, Asia, and Africa reveals a positive correlation between constitutional protection and stronger environmental laws, smaller ecological footprints, superior environmental performance, and improved quality of life.

Constitutional Environmental Rights

Tim Hayward
Constitutional Environmental Rights Book PDF

Author : Tim Hayward
Publisher : OUP Oxford
Page : 248 pages
File Size : 48,9 Mb
Release : 2004-12-16
Category : Political Science
ISBN : 9780191535314

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Constitutional Environmental Rights by Tim Hayward Pdf

This book shows why a fundamental right to an adequate environment ought to be provided in the constitution of any modern democratic state. The importance of securing provision for environmental protection at the constitutional level is now widely recognized. Globally, more than 100 states make some form of provision for environmental protection in their constitutions. A question more hotly debated, though, is whether the provision should take the stringent form of a fundamental right. This book is the first to examine the question from the perspective of political theory. It explains why the right to an environment adequate for one's health and well-being is a genuine human right, and why it ought to be constitutionalized. It carefully elaborates this case and defends it in closely argued responses to critical challenges. It thus shows why there is no insurmountable obstacle to the effective implementation of this constitutional right, and why constitutionalizing this right is not democratically illegitimate. With particular reference to European Union member states, it explains what this right adds to states' existing human rights and environmental commitments. It concludes by showing how constitutional environmental rights can serve to promote the cause of environmental justice in a global context. The book provides illustrations from around the world of how human rights and environmental concerns have been linked to date, and highlights precedents for the future development of a fundamental right to an adequate environment. It will be of value to policy-makers, lawyers, campaigners, and citizens concerned with environmental protection as a public interest and fundamental right. It will provide a valuable resource for students and teachers in politics, philosophy, law, environmental studies, and social sciences more generally. The book makes an original contribution to normative political theory by rethinking rights and justice in the light of contemporary issues and contexts.

Implementing Environmental Constitutionalism

Erin Daly,James R. May
Implementing Environmental Constitutionalism Book PDF

Author : Erin Daly,James R. May
Publisher : Cambridge University Press
Page : 253 pages
File Size : 40,6 Mb
Release : 2018-11-08
Category : Law
ISBN : 9781107165182

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Implementing Environmental Constitutionalism by Erin Daly,James R. May Pdf

Constitutions can play a central role in responding to environmental challenges, such as pollution, biodiversity loss, lack of drinking water, and climate change. The vast majority of people on earth live under constitutional systems that protect the environment or recognize environmental rights. Such environmental constitutionalism, however, falls short without effective implementation by policymakers, advocates and jurists. Implementing Environmental Constitutionalism: Current Global Challenges explains and explores this 'implementation gap'. This collection is both broad and deep. While some of the essays analyze crosscutting themes, such as climate change and the need for rule of law that affect the implementation of environmental constitutionalism throughout the world, others delve deeply into geographically contextual experiences for lessons about how constitutional environmental law might be more effectively implemented. This volume informs global conversations about whether and how environmental constitutionalism can be made more effective to protect the natural environment.

Global Environmental Constitutionalism

James R. May,Erin Daly
Global Environmental Constitutionalism Book PDF

Author : James R. May,Erin Daly
Publisher : Cambridge University Press
Page : 427 pages
File Size : 44,9 Mb
Release : 2015
Category : Business & Economics
ISBN : 9781107022256

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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.

The Right to a Healthy Environment

David R. Boyd
The Right to a Healthy Environment Book PDF

Author : David R. Boyd
Publisher : UBC Press
Page : 338 pages
File Size : 55,6 Mb
Release : 2012-10-03
Category : Law
ISBN : 9780774824156

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The Right to a Healthy Environment by David R. Boyd Pdf

Canada has abundant natural wealth, beautiful landscapes, vast forests, and thousands of rivers and lakes. The land defines Canadians as a people, yet the country has one of the industrialized world's worst environmental records. Building on his previous book, The Environmental Rights Revolution (2012), David R. Boyd describes how recognizing the constitutional right to a healthy environment could have a transformative impact by empowering citizens, holding governments and industry accountable, and improving Canada's green record. This important and provocative book provides a road map to protect human health, the well-being of the planet, and the interests of future generations.

Constitutional Environmental Rights

Tim Hayward,Reader in the School of Social and Political Studies Tim Hayward
Constitutional Environmental Rights Book PDF

Author : Tim Hayward,Reader in the School of Social and Political Studies Tim Hayward
Publisher : Oxford University Press
Page : 249 pages
File Size : 45,5 Mb
Release : 2005
Category : Political Science
ISBN : 9780199278671

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Constitutional Environmental Rights by Tim Hayward,Reader in the School of Social and Political Studies Tim Hayward Pdf

This book shows why a fundamental right to an adequate environment ought to be provided in the constitution of any modern democratic state. It explains why the right to an environment adequate for one's health and well-being is a genuine human right and why it ought to be constitutionalised.

A Global Environmental Right

Stephen Turner
A Global Environmental Right Book PDF

Author : Stephen Turner
Publisher : Routledge
Page : 203 pages
File Size : 51,5 Mb
Release : 2013-09-11
Category : Business & Economics
ISBN : 9781135090258

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A Global Environmental Right by Stephen Turner Pdf

The development of an international substantive environmental right on a global level has long been a contested issue. To a limited extent environmental rights have developed in a fragmented way through different legal regimes. This book examines the potential for the development of a global environmental right that would create legal duties for all types of decision-makers and provide the bedrock for a new system of international environmental governance. Taking a problem solving approach, the book seeks to demonstrate how straightforward and logical changes to the existing global legal architecture would address some of the fundamental root causes of environmental degradation. It puts forward a draft global environmental right that would integrate duties for both state and non-state actors within reformed systems of environmental governance and a rational framework for business and industry to adhere to in order that those systems could be made operational. It also examines the failures of the existing international climate change regime and explains how the draft global environmental right could remedy existing deficits. This innovative and interdisciplinary book will be of great interest to policy-makers, students and researchers in international environmental law, climate change, environmental politics and global environmental governance as well as those studying the WTO, international trade law, human rights law, constitutional law and corporate law.

Environmental Rights

Stephen J. Turner,Dinah L. Shelton,Jona Razzaque,Owen McIntyre,James R. May
Environmental Rights Book PDF

Author : Stephen J. Turner,Dinah L. Shelton,Jona Razzaque,Owen McIntyre,James R. May
Publisher : Cambridge University Press
Page : 455 pages
File Size : 44,7 Mb
Release : 2019-05-23
Category : Business & Economics
ISBN : 9781108482240

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Environmental Rights by Stephen J. Turner,Dinah L. Shelton,Jona Razzaque,Owen McIntyre,James R. May Pdf

A comprehensive and systematic guide to environmental rights and their relationship with standards of protection globally, nationally and locally.

Globalization, Environmental Law, and Sustainable Development in the Global South

Kirk W. Junker,Paolo Davide Farah
Globalization Environmental Law and Sustainable Development in the Global South Book PDF

Author : Kirk W. Junker,Paolo Davide Farah
Publisher : Routledge
Page : 256 pages
File Size : 40,6 Mb
Release : 2021-11-29
Category : Law
ISBN : 9781000472431

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Globalization, Environmental Law, and Sustainable Development in the Global South by Kirk W. Junker,Paolo Davide Farah Pdf

This volume examines the impact of globalization on international environmental law and the implementation of sustainable development in the Global South. Comprising contributions from lawyers from the Global South or who have experience in the Global South, this volume is organized into three parts, with a thematic inquiry woven through every chapter to ask how law can enable economies that can be sustained, given the limited carrying capacity of the earth. Part I describes and characterizes the status quo of environmental and economic problems in the Global South during the process of globalization. Some of those problems include redistribution of environmental burden on the public through over-reliance on the state in emerging economies and the transition to public-private partnerships, as well as extreme uncontrolled economic expansion. Building on Part I, Part II takes an international perspective by presenting some tools that are in place during the process of globalization that lead to friction and interfaces between developed and developing economies in environmental law. Recognizing the impossibility of a globalized Northern economy, the authors in Part III present some alternatives through framework ideas of human and civil rights, environmental rights, and indigenous persons’ rights, as well as concrete and specific legal tools to strengthen justice and rule of law institutions. The book gives new perspectives to familiar approaches through concrete examples by professional practitioners and theoretical discourse by academic researchers, and can thereby form the basis for changes in practices, as well as further discussions and comparisons. This book will be of great interest to students and scholars of environmental law, sustainable development, and globalization and international relations, as well as legal professionals and practitioners.

Environmental Democracy at the Global Level:

Giulia Parola
Environmental Democracy at the Global Level Book PDF

Author : Giulia Parola
Publisher : Walter de Gruyter
Page : 242 pages
File Size : 44,5 Mb
Release : 2013-07-23
Category : Law
ISBN : 9788376560144

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Environmental Democracy at the Global Level: by Giulia Parola Pdf

Giulia Parola’s Environmental Democracy at the Global Level: Rights and Duties for a New Citizenship can be seen as a manifesto that is both traditional and revolutionary at the same time. It calls for the construction of a new civilisation centred on the environment, while drawing on the traditional notions of democratic government. It adopts an approach that is focused on the power of individuals rather than governments, as ways to protect and improve the environment. It proposes that environmental rights and ecological duties are self-evident and inalienable, and should be treated as the cornerstones of a new democracy. Parola’s book is a thought provoking and intriguing work that will be of interest to scholars of environmental studies as well as to legal practitioners and non-specialists. Giulia Parola has studied Environmental Law at the University of Torino, at the University of René Descartes in Paris, (where she obtained PhD in Public Law) and at the University of Iceland ( LLM in Natural Resources Law and International Environmental Law). In 2011, she was appointed by the University of Laval (Canada, Quebec) as a researcher and a lecturer in Environmental Law.

The Ecological Constitution

Lynda Collins
The Ecological Constitution Book PDF

Author : Lynda Collins
Publisher : Routledge
Page : 114 pages
File Size : 48,8 Mb
Release : 2021-05-20
Category : Law
ISBN : 9781000418316

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The Ecological Constitution by Lynda Collins Pdf

The Ecological Constitution integrates the insights of environmental constitutionalism and ecological law in a concise, engaging and accessible manner. This book sets out the necessary components of any constitution that could be considered "ecological" in nature. In particular, it argues that an ecological constitution is one that codifies the following key principles, at a minimum: the principle of sustainability; intergenerational equity and the public trust doctrine; environmental human rights; rights of nature; the precautionary principle and non-regression; and rights and obligations relating to a healthy climate. In the context of the global environmental crisis that characterises the current Anthropocene era, these principles are important tools for changing consciousness and driving pragmatic policy reforms around the world. Re-imagining constitutions along these lines could play a vital role in the collective project of building a sustainable future for humans, animals, ecosystems and the biosphere we all share. This book will be of great interest to students and scholars of environmental law, ecological law, environmental constitutionalism, sustainability and rights of nature.

A Global Environmental Right

Stephen Turner
A Global Environmental Right Book PDF

Author : Stephen Turner
Publisher : Routledge
Page : 215 pages
File Size : 52,9 Mb
Release : 2013-09-11
Category : Business & Economics
ISBN : 9781135090241

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A Global Environmental Right by Stephen Turner Pdf

The development of an international substantive environmental right on a global level has long been a contested issue. To a limited extent environmental rights have developed in a fragmented way through different legal regimes. This book examines the potential for the development of a global environmental right that would create legal duties for all types of decision-makers and provide the bedrock for a new system of international environmental governance. Taking a problem solving approach, the book seeks to demonstrate how straightforward and logical changes to the existing global legal architecture would address some of the fundamental root causes of environmental degradation. It puts forward a draft global environmental right that would integrate duties for both state and non-state actors within reformed systems of environmental governance and a rational framework for business and industry to adhere to in order that those systems could be made operational. It also examines the failures of the existing international climate change regime and explains how the draft global environmental right could remedy existing deficits. This innovative and interdisciplinary book will be of great interest to policy-makers, students and researchers in international environmental law, climate change, environmental politics and global environmental governance as well as those studying the WTO, international trade law, human rights law, constitutional law and corporate law.

Global Environmental Constitutionalism in the Anthropocene

Louis J Kotzé
Global Environmental Constitutionalism in the Anthropocene Book PDF

Author : Louis J Kotzé
Publisher : Bloomsbury Publishing
Page : 304 pages
File Size : 40,6 Mb
Release : 2016-09-22
Category : Law
ISBN : 9781509907595

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Global Environmental Constitutionalism in the Anthropocene by Louis J Kotzé Pdf

There is persuasive evidence suggesting we are on the brink of human-induced ecological disaster that could change life on Earth as we know it. There is also a general consensus among scientists about the pace and extent of global ecological decay, including a realisation that humans are central to causing the global socio-ecological crisis. This new epoch has been called the Anthropocene. Considering the many benefits that constitutional environmental protection holds out in domestic legal orders, it is likely that a constitutionalised form of global environmental law and governance would be better able to counter the myriad exigencies of the Anthropocene. This book seeks to answer this central question: from the perspective of the Anthropocene, what is environmental constitutionalism and how could it be extrapolated to formulate a global framework? In answering this question, this book offers the first systematic conceptual framework for global environmental constitutionalism in the epoch of the Anthropocene.

Principles of Constitutional Environmental Law

James R. May
Principles of Constitutional Environmental Law Book PDF

Author : James R. May
Publisher : American Bar Association
Page : 0 pages
File Size : 45,5 Mb
Release : 2011
Category : Constitutional law
ISBN : 1614380872

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Principles of Constitutional Environmental Law by James R. May Pdf

Constitutional dimensions are at the heart of many environmental and energy law cases and policies. This comprehensive provides an authoritative account and analysis of the growing intersection of constitutional and environmental law, with chapters featuring a useful practice tip and concluding with a relevant case study. Beginning with an introduction to the field of constitutional environmental law, chapters examine federal and state authority respecting environmental law and policy; judicial review; individual; and emerging constitutional issues in environmental law.