Author: Marie-Catherine Petersmann
Publisher: Cambridge University Press
ISBN: 1009027980
Category : Law
Languages : en
Pages : 317
Book Description
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.
When Environmental Protection and Human Rights Collide
Author: Marie-Catherine Petersmann
Publisher: Cambridge University Press
ISBN: 1009027980
Category : Law
Languages : en
Pages : 317
Book Description
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.
Publisher: Cambridge University Press
ISBN: 1009027980
Category : Law
Languages : en
Pages : 317
Book Description
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.
Environmental Protection and Human Rights
Author: Donald K. Anton
Publisher: Cambridge University Press
ISBN: 1139498525
Category : Political Science
Languages : en
Pages : 1025
Book Description
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.
Publisher: Cambridge University Press
ISBN: 1139498525
Category : Political Science
Languages : en
Pages : 1025
Book Description
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.
Human Rights and the Environment
Author: Sumudu Atapattu
Publisher: Routledge
ISBN: 1351757946
Category : Business & Economics
Languages : en
Pages : 288
Book Description
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.
Publisher: Routledge
ISBN: 1351757946
Category : Business & Economics
Languages : en
Pages : 288
Book Description
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.
Environmental Protection and Human Rights
Environmental Human Rights
Author: Jan Hancock
Publisher: Routledge
ISBN: 135175839X
Category : Political Science
Languages : en
Pages : 242
Book Description
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.
Publisher: Routledge
ISBN: 135175839X
Category : Political Science
Languages : en
Pages : 242
Book Description
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.
Human Rights and the Environment
Author: Linda Hajjar Leib
Publisher: Martinus Nijhoff Publishers
ISBN: 9004188649
Category : Law
Languages : en
Pages : 193
Book Description
The book examines the genesis and development of environmental rights (or the Right to Environment) in international law and discusses their philosophical, theoretical and legal underpinnings in the context of sustainable development and the notion of solidarity rights.
Publisher: Martinus Nijhoff Publishers
ISBN: 9004188649
Category : Law
Languages : en
Pages : 193
Book Description
The book examines the genesis and development of environmental rights (or the Right to Environment) in international law and discusses their philosophical, theoretical and legal underpinnings in the context of sustainable development and the notion of solidarity rights.
Thought, Law, Rights and Action in the Age of Environmental Crisis
Author: Anna Grear
Publisher: Edward Elgar Publishing
ISBN: 1784711330
Category : Law
Languages : en
Pages : 336
Book Description
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
Publisher: Edward Elgar Publishing
ISBN: 1784711330
Category : Law
Languages : en
Pages : 336
Book Description
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
Human Rights Approaches to Environmental Protection
Author: Alan E. Boyle
Publisher: Oxford University Press, USA
ISBN:
Category : Business & Economics
Languages : en
Pages : 346
Book Description
Environment, by Alan Boyle
Publisher: Oxford University Press, USA
ISBN:
Category : Business & Economics
Languages : en
Pages : 346
Book Description
Environment, by Alan Boyle
Environmental Rights
Author: Stephen J. Turner
Publisher: Cambridge University Press
ISBN: 1108669263
Category : Law
Languages : en
Pages : 455
Book Description
Environmental rights, also known as the human rights or constitutional rights that are used for the protection of the environment, have proliferated over the last forty-five years. However, the precise levels of protection that they represent has since been a major question associated with this phenomenon. Environmental Rights: The Development of Standards systematically investigates this question by analyzing the emerging standards of environmental protection that are associated with such rights and the way that those associations are becoming formalized. It covers all of the relevant human rights treaties to illustrate how environmental rights standards are emerging in this dynamic area. Bringing together an elite group of scholars, this book discusses significant new insights into the way that environmental rights are developing, the standards of protection that they confer, and the way that standards in the field of environmental rights can potentially be further developed in the future.
Publisher: Cambridge University Press
ISBN: 1108669263
Category : Law
Languages : en
Pages : 455
Book Description
Environmental rights, also known as the human rights or constitutional rights that are used for the protection of the environment, have proliferated over the last forty-five years. However, the precise levels of protection that they represent has since been a major question associated with this phenomenon. Environmental Rights: The Development of Standards systematically investigates this question by analyzing the emerging standards of environmental protection that are associated with such rights and the way that those associations are becoming formalized. It covers all of the relevant human rights treaties to illustrate how environmental rights standards are emerging in this dynamic area. Bringing together an elite group of scholars, this book discusses significant new insights into the way that environmental rights are developing, the standards of protection that they confer, and the way that standards in the field of environmental rights can potentially be further developed in the future.
When Environmental Protection and Human Rights Collide
Author: Marie-Catherine Petersmann
Publisher: Cambridge University Press
ISBN: 131651580X
Category : Law
Languages : en
Pages : 317
Book Description
The book illuminates the nature, extent, and political implications of normative conflicts between environmental protection laws and human rights.
Publisher: Cambridge University Press
ISBN: 131651580X
Category : Law
Languages : en
Pages : 317
Book Description
The book illuminates the nature, extent, and political implications of normative conflicts between environmental protection laws and human rights.