When Environmental Protection And Human Rights Collide

Author : Marie-Catherine Petersmann
Publisher : Cambridge University Press
Page : 317 pages
File Size : 44,6 Mb
Release : 2022-10-27
Category : Law
ISBN : 9781009027984

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When Environmental Protection and Human Rights Collide by Marie-Catherine Petersmann Pdf

Conflicts between environmental protection laws and human rights present delicate trade-offs when concerns for social and ecological justice are increasingly intertwined. This book retraces how the legal ordering of environmental protection evolved over time and progressively merged with human rights concerns, thereby leading to a synergistic framing of their relation. It explores the world-making effects this framing performed by establishing how 'humans' ought to relate to 'nature', and examines the role played by legislators, experts and adjudicators in (re)producing it. While it questions, contextualises and problematises how and why this dominant framing was construed, it also reveals how the conflicts that underpin this relationship – and the victims they affect – mainly remained unseen. The analysis critically evaluates the argumentative tropes and adjudicative strategies used in the environmental case-law of regional courts to understand how these conflicts are judicially mediated, thereby opening space for new modes of politics, legal imagination and representation.

Author : Donald K. Anton,Dinah L. Shelton
Publisher : Cambridge University Press
Page : 1025 pages
File Size : 53,9 Mb
Release : 2011-04-11
Category : Political Science
ISBN : 9781139498524

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Environmental Protection and Human Rights by Donald K. Anton,Dinah L. Shelton Pdf

With unique scholarly analysis and practical discussion, this book provides a comprehensive introduction to the relationship between environmental protection and human rights being formalized into law in many legal systems. This book instructs on environmental techniques and procedures that assist in the protection of human rights. The text provides cogent guidance on a growing international jurisprudence on the promotion and protection of human rights in relation to the environment that has been developed by international and regional human rights bodies and tribunals. It explores a rich body of case law that continues to develop within states on the environmental dimension of the rights to life, to health, and to public participation and access to information. Five compelling contemporary case studies are included that implicate human rights and the environment, ranging from large dam projects to the creation of a new human right to a clean environment.

Author : Sumudu Atapattu,Andrea Schapper
Publisher : Routledge
Page : 288 pages
File Size : 40,9 Mb
Release : 2019-03-08
Category : Business & Economics
ISBN : 9781351757942

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Human Rights and the Environment by Sumudu Atapattu,Andrea Schapper Pdf

The field of human rights and the environment has grown phenomenally during the last few years and this textbook will be one of the first to encourage students to think critically about how many environmental issues lead to a violation of existing rights. Taking a socio-legal approach, this book will provide a good understanding of both human rights and environmental issues, as well as the limitations of each regime, and will explore the ways in which human rights law and institutions can be used to obtain relief for the victims of environmental degradation or of adverse effects of environmental policies. In addition, it will place an emphasis on climate change and climate policies to highlight the pros and cons of using a human rights framework and to underscore its importance in the context of climate change. As well as identifying emerging issues and areas for further research, each chapter will be rich in pedagogical features, including web links to further research and discussion questions for beyond the classroom. Combining their specialisms in law and politics, Atapattu and Schapper have developed a truly inter-disciplinary resource that will be essential for students of human rights, environmental studies, international law, international relations, politics, and philosophy.

Author : Linda Hajjar Leib
Publisher : BRILL
Page : 192 pages
File Size : 43,6 Mb
Release : 2010-12-17
Category : Law
ISBN : 9789004189935

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Human Rights and the Environment by Linda Hajjar Leib Pdf

This book explores the philosophical, theoretical and legal bases that underpin the linkage between human rights and the environment. Such linkage, grounded in reality, is an innovative way of addressing environmental issues through the lens of a well-established international human rights system. The book argues that a new set of environmental rights is gradually forging its way into international law and suggests a re-configuration of the human rights system in the context of sustainable development and the notion of solidarity rights. In doing so, two sets of concepts are considered: first, the possibility of a rapprochement between environmental ethics and the human rights doctrine and, second, the theoretical and practical links among the concepts of development, democracy, environment and sustainable development.

Author : Donald K. Anton
Publisher : Unknown
Page : 0 pages
File Size : 41,9 Mb
Release : 2011
Category : Electronic
ISBN : OCLC:849004054

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Environmental Protection and Human Rights by Donald K. Anton Pdf

Author : Alan E. Boyle,Michael R. Anderson
Publisher : Oxford University Press, USA
Page : 346 pages
File Size : 43,9 Mb
Release : 1996
Category : Business & Economics
ISBN : UOM:39015037758219

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Human Rights Approaches to Environmental Protection by Alan E. Boyle,Michael R. Anderson Pdf

Environment, by Alan Boyle

Author : Jan Hancock
Publisher : Routledge
Page : 242 pages
File Size : 41,6 Mb
Release : 2019-07-12
Category : Political Science
ISBN : 9781351758390

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Environmental Human Rights by Jan Hancock Pdf

This title was first published in 2003. Environmental Human Rights redefines the political, ethical and legal relationships between the environment and human rights to claim the human rights to an environment free from toxic pollution and to natural resources. Through a focus on the operational dynamics of social power, this compelling book details how global capitalism subjugates concerns of human security and environmental protection to the values of allocative efficiency and economic growth. The capacity of social power to construct ethical norms and to determine the efficacy of law is examined to explain how ethical and legal concepts have been selectively applied to accommodate existing patterns of production, consumption and exchange that cause environmental degradation and human rights violations. By looking at how environmental values have been systematically excluded from the human rights discourse, the book claims that human rights politics and law has been constructed on double standards to accommodate the destructive forces of capitalism.

Author : Marie-Catherine Petersmann
Publisher : Cambridge University Press
Page : 317 pages
File Size : 44,6 Mb
Release : 2022-10-31
Category : Law
ISBN : 9781316515808

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When Environmental Protection and Human Rights Collide by Marie-Catherine Petersmann Pdf

The book illuminates the nature, extent, and political implications of normative conflicts between environmental protection laws and human rights.

Author : Anna Grear,Evadne Grant,
Publisher : Edward Elgar Publishing
Page : 336 pages
File Size : 46,5 Mb
Release : 2015-07-31
Category : Law
ISBN : 9781784711337

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Thought, Law, Rights and Action in the Age of Environmental Crisis by Anna Grear,Evadne Grant, Pdf

In the climate-pressed Anthropocene epoch, nothing could be more urgent than fresh engagements with the fractious relationships between ÔhumanityÕ, law and the living order. This timely book intelligently combines theoretical reflections, doctrinal ana

Author : Markku Oksanen,Ashley Dodsworth,Selina O'Doherty
Publisher : Routledge
Page : 322 pages
File Size : 40,7 Mb
Release : 2017-09-05
Category : Business & Economics
ISBN : 9781351742511

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Environmental Human Rights by Markku Oksanen,Ashley Dodsworth,Selina O'Doherty Pdf

The nature of environmental human rights and their relation to larger rights theories has been a frequent topic of discussion in law, environmental ethics and political theory. However, the subject of environmental human rights has not been fully established among other human rights concerns within political philosophy and theory. In examining environmental rights from a political theory perspective, this book explores an aspect of environmental human rights that has received less attention within the literature. In linking the constraints of political reality with a focus on the theoretical underpinnings of how we think about politics, this book explores how environmental human rights must respond to the key questions of politics, such as the state and sovereignty, equality, recognition and representation, and examines how the competing understandings about these rights are also related to political ideologies. Drawing together contributions from a range of key thinkers in the field, this is a valuable resource for students and scholars of human rights, environmental ethics, and international environmental law and politics more generally.

Author : Christina Voigt
Publisher : Cambridge University Press
Page : 505 pages
File Size : 48,5 Mb
Release : 2019-04-18
Category : Law
ISBN : 9781108497176

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International Judicial Practice on the Environment by Christina Voigt Pdf

Evaluates the fundamental legitimacy of judicial practice in the growing number of environmental cases heard before international courts.

Author : Stefan Theil
Publisher : Unknown
Page : 128 pages
File Size : 50,7 Mb
Release : 2021
Category : POLITICAL SCIENCE
ISBN : 1108799744

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Towards the Environmental Minimum by Stefan Theil Pdf

"Pervasive environmental harm that disproportionately impacts vulnerable members of society is left largely unregulated across the globe despite existing legal commitments to human rights and environmental protection in many states. To address this shortcoming, Stefan Theil proposes a new normative framework for environmental protection through human rights law. In clear and accessible prose, he demonstrates how such a human rightsbased approach can strengthen environmental protection without requiring radical departures from established protection regimes and legal principles. The environmental minimum developed in the book translates the general and abstract commitments of states into specific and practical measures that protect the environment. The framework develops the doctrine of international, regional, and domestic courts, analysed through an innovative approach that improves contextual awareness. This book is thus a valuable resource for lawyers, social scientists, political theorists, environmental and human rights advocates"--

Author : Bridget Lewis
Publisher : Springer
Page : 250 pages
File Size : 53,8 Mb
Release : 2018-08-21
Category : Law
ISBN : 9789811319600

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Environmental Human Rights and Climate Change by Bridget Lewis Pdf

This book examines the current status of environmental human rights at the international, regional, and national levels and provides a critical analysis of possible future developments in this area, particularly in the context of a changing climate. It examines various conceptualisations of environmental human rights, including procedural rights relating to the environment, constitutional environmental rights, the environmental dimensions of existing human rights such as the rights to water, health, food, housing and life, and the notion of a stand-alone human right to a healthy environment. The book addresses the topic from a variety of perspectives, drawing on underlying theories of human rights as well as a range of legal, political, and pragmatic considerations. It examines the scope of current human rights, particularly those enshrined in international and regional human rights law, to explore their application and enforceability in relation to environmental problems, identifying potential barriers to more effective implementation. It also analyses the rationale for constitutional recognition of environmental rights and considers the impact that this area of law has had, both in terms of achieving stronger environmental protection and environmental justice, as well as in influencing the development of human rights law more generally. The book identifies climate change as the key environmental challenge facing the global community, as well as a major cause of negative human rights impacts. It examines the contribution that environmental human rights might make to rights-based approaches to climate change.

Author : Romina Picolotti,Jorge Daniel Taillant
Publisher : University of Arizona Press
Page : 285 pages
File Size : 55,9 Mb
Release : 2022-09-13
Category : Nature
ISBN : 9780816551354

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Linking Human Rights and the Environment by Romina Picolotti,Jorge Daniel Taillant Pdf

All over the world, people are experiencing the effects of ecosystem decline, from water shortages to fish kills to landslides on deforested slopes. The victims of environmental degradation tend to belong to more vulnerable sectors of society—racial and ethnic minorities and the poor—who regularly carry a disproportionate burden of such abuse. Increasingly, many basic human rights are being placed at risk, as the right to health affected by contamination of resources, or the right to property and culture compromised by commercial intrusion into indigenous lands. Despite the evident relationship between environmental degradation and human suffering, human rights violations and environmental degradation have been treated by most organizations and governments as unrelated issues. Just as human rights advocates have tended to place only civil and political rights onto their agendas, environmentalists have tended to focus primarily on natural resource preservation without addressing human impacts of environmental abuse. As a result, victims of environmental degradation are unprotected by the laws and mechanisms established to address human rights abuses. This book brings together contributions from human rights and environmental experts who have devoted much of their work to unifying these two spheres, particularly in the legal arena. It presents a variety of issues and approaches that address human rights and environmental links, demonstrating the growing interrelationship between human rights law and environmental advocacy. Its coverage includes reviews of existing international laws and treaties that establish the rights to a healthy environment, an overview of mechanisms that allow both individuals and groups to seek remedy for abuses, and specific cases that document efforts to seek redress for victims of environmental degradation through existing human rights protection mechanisms. Through examples ranging from water rights to women's rights, this collection offers practical ways in which environmental protection can be approached through human rights instruments. The volume reproduces a legal brief (amicus curiae) filed before an international human rights tribunal making the human rights and environment linkage argument, and includes the subsequent precedent-setting decision handed down by the Inter-American Court on Human Rights recognizing this linkage. Linking Human Rights and Environment is a valuable sourcebook that explores the uncharted territory that lies between environmental and human rights legislation. More than a theoretical treatise, it argues that human rights activism presents a significant opportunity to address the human consequences of environmental degradation and can serve as a catalyst for inspiring ideas and action in the real world.

Author : Tim Hayward
Publisher : OUP Oxford
Page : 248 pages
File Size : 45,5 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.