Environmental Protection and Human Rights Book

Environmental Protection and Human Rights


  • Author : Donald K. Anton
  • Publisher : Cambridge University Press
  • Release Date : 2011-04-11
  • Genre: Political Science
  • Pages : null
  • ISBN 10 : 9781139498524

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Environmental Protection and Human Rights Excerpt :

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.

Linking Human Rights and the Environment Book

Linking Human Rights and the Environment


  • Author : Romina Picolotti
  • Publisher : University of Arizona Press
  • Release Date : 2010
  • Genre: Nature
  • Pages : 264
  • ISBN 10 : 0816529345

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Linking Human Rights and the Environment Excerpt :

Es un libro de consulta valiosa que explora el territorio desconocido que hay entre la legislación ambiental y de los derechos humanos. Más que un tratado teórico, se argumenta que el activismo de los derechos humanos representa una oportunidad importante para hacer frente a las consecuencias humanas de la degradación del medio ambiente y puede servir como un catalizador de ideas y acciones inspiradoras en el mundo real -- Contraportada.

Environmental Rights Book

Environmental Rights


  • Author : Stephen J. Turner
  • Publisher : Cambridge University Press
  • Release Date : 2019-05-23
  • Genre: Business & Economics
  • Pages : 452
  • ISBN 10 : 9781108482240

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Environmental Rights Excerpt :

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

Towards the Environmental Minimum Book

Towards the Environmental Minimum


  • Author : Stefan Theil
  • Publisher : Cambridge University Press
  • Release Date : 2021-09-09
  • Genre: Law
  • Pages : 416
  • ISBN 10 : 9781108835145

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Towards the Environmental Minimum Excerpt :

A practical human rights approach strengthens environmental protection without requiring radical departures from established protection regimes and legal principles.

Human Rights Approaches to Environmental Protection Book

Human Rights Approaches to Environmental Protection


  • Author : Alan E. Boyle
  • Publisher : Oxford University Press on Demand
  • Release Date : 1998
  • Genre: Law
  • Pages : 313
  • ISBN 10 : 0198267894

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Human Rights Approaches to Environmental Protection Excerpt :

This collection of essays explores links between the environment and human rights, and responds to the growing debate among activists, lawyers, academics and policy-makers on the legal status of environmental rights in both international and domestic law, and on the proposals for a human rightto a satisfactory environment. The collection is an original and timely contribution to the existing literature on this subject, and offers a sustained analysis which addresses both the conceptual and practical problems of environmental rights. The conceptual dimensions are particularly rich,raising fundamental questions concerning the human/environment relationship as well as more general issues regarding the form, content and limitations of international and domestic human rights law. The first part of the book deals mainly with the protection of the environment in international humanrights law and EC law, while part two concentrates on problems and experience in developing countries, some of which have already incorporated environmental rights and international constitutional law and from which a growing jurisprudence has emerged. This is where at present human rightsapproaches seem to be of greatest value. Each chapter is written by an author well qualified in the field. The volume will have a wide appeal to anyone interested in environmental law and human rights.

Balancing Human Rights  Environmental Protection and International Trade Book

Balancing Human Rights Environmental Protection and International Trade


  • Author : Emily Reid
  • Publisher : Bloomsbury Publishing
  • Release Date : 2015-02-26
  • Genre: Law
  • Pages : 272
  • ISBN 10 : 9781782252528

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Balancing Human Rights Environmental Protection and International Trade Excerpt :

This book explores the means by which economic liberalisation can be reconciled with human rights and environmental protection in the regulation of international trade. It is primarily concerned with identifying the lessons the international community can learn, specifically in the context of the WTO, from decades of European Community and Union experience in facing this question. The book demonstrates first that it is possible to reconcile the pursuit of economic and non-economic interests, that the EU has found a mechanism by which to do so, and that the application of the principle of proportionality is fundamental to the realisation of this. It is argued that the EU approach can be characterised as a practical application of the principle of sustainable development. Secondly, from the analysis of the EU experience, this book identifies fundamental conditions crucial to achieving this 'reconciliation'. Thirdly, the book explores the implications of lessons from the EU experience for the international community. In so doing it assesses both the potential and limits of the existing international regulatory framework for such reconciliation. The book develops a deeper understanding of the inter-relationship between the legal regulation of economic and non-economic development, adding clarity to the debate in a controversial area. It argues that a more holistic approach to the consideration of 'development', encompassing economic and non-economic concerns - 'sustainable' development - is not only desirable in principle but realisable in practice.

Human Rights and the Environment Book

Human Rights and the Environment


  • Author : Sumudu Atapattu
  • Publisher : Unknown
  • Release Date : 2019
  • Genre: Climatic changes
  • Pages : 328
  • ISBN 10 : 113872274X

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Human Rights and the Environment Excerpt :

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. 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 Human Rights Book

Environmental Human Rights


  • Author : Jan Hancock
  • Publisher : Routledge
  • Release Date : 2019-07-12
  • Genre: Political Science
  • Pages : 270
  • ISBN 10 : 9781351758390

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Environmental Human Rights Excerpt :

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 under African Union Law Book

Human Rights and the Environment under African Union Law


  • Author : Michael Addaney
  • Publisher : Springer Nature
  • Release Date : 2020-08-21
  • Genre: Law
  • Pages : 477
  • ISBN 10 : 9783030465230

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Human Rights and the Environment under African Union Law Excerpt :

This book brings together original and novel perspectives on major developments in human rights law and the environment in Africa. Focusing on African Union law, the book explores the core concepts and principles, theory and practice, accountability mechanisms and key issues challenging human rights law in the era of global environmental change. It, thus, extend the frontier of understanding in this fundamental area by building on existing scholarship on African human rights law and the protection of the environment, divulging concerns on redressing environmental and human rights protection issues in the context of economic growth and sustainable development. It further offers unique insight into the development, domestication and implementation challenges relating to human rights law and environmental governance in Africa. This long overdue interdisciplinary exploration of human rights law and the environment from an African perspective will be an indispensable reference point for academics, policymakers, practitioners and advocates of international human rights and environmental law in particular and international law, environmental politics and philosophy, and African studies in general. It is clear that there is much to do, study and share on this timely subject in the African context.

Human Rights and the Environment Book

Human Rights and the Environment


  • Author : James R. May
  • Publisher : Edward Elgar Publishing
  • Release Date : 2019-04-26
  • Genre: Uncategoriezed
  • Pages : 624
  • ISBN 10 : 1788111451

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Human Rights and the Environment Excerpt :

Much has been written, discussed, advocated and litigated about human rights and the environment over the last two decades. With 45 structured entries from a global collection of expert scholars, this volume of the Elgar Encyclopedia of Environmental Law provides an authoritative source of reference and features new commentary on the role of the rule of law in responding to the variegated impacts of environmental challenges on the human condition.This comprehensive volume offers fresh perspectives to the conversation by focusing especially 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. Fundamentally, the entries demonstrate that there is much to do, learn and share on this vital topic.Offering thoughtful critical perspectives on a timely subject, this volume will be an essential resource for academics and students, as well as policymakers and practitioners.

The Environmental Rights Revolution Book

The Environmental Rights Revolution


  • Author : David Richard Boyd
  • Publisher : University of British Columbia Press
  • Release Date : 2012
  • Genre: Political Science
  • Pages : 443
  • ISBN 10 : 0774821604

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The Environmental Rights Revolution Excerpt :

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.

International Judicial Practice on the Environment Book

International Judicial Practice on the Environment


  • Author : Christina Voigt
  • Publisher : Cambridge University Press
  • Release Date : 2019-04-18
  • Genre: Law
  • Pages : null
  • ISBN 10 : 9781108758109

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International Judicial Practice on the Environment Excerpt :

More and more environmental cases are being heard and decided by international courts and tribunals which lack special environmental competence. This situation raises fundamental questions of legitimacy of the environmental practice of international courts. This book addresses inter alia questions of who has legal standing to bring an environmental claim before an international court, on which legal norms is the case decided and whether judges have the necessary expertise to adjudicate environmental cases of often complex nature. It analyses which challenges international courts face, which possibilities they have and which advances international judicial practice has been able to make in protecting the environment. Through the prism of legitimacy important insights emerge as to whether international courts and tribunals are fit for addressing some of the most pressing global challenges of our time.

Human Rights Approaches to Climate Change Book

Human Rights Approaches to Climate Change


  • Author : Sumudu Atapattu
  • Publisher : Routledge
  • Release Date : 2015-10-16
  • Genre: Law
  • Pages : 348
  • ISBN 10 : 9781317910619

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Human Rights Approaches to Climate Change Excerpt :

Despite the clear link between climate change and human rights with the potential for virtually all protected rights to be undermined as a result of climate change, its catastrophic impact on human beings was not really understood as a human rights issue until recently. This book examines the link between climate change and human rights in a comprehensive manner. It looks at human rights approaches to climate change, including the jurisprudential bases for human rights and the environment, the theoretical framework governing human rights and the environment, and the different approaches to this including benchmarks. In addition to a discussion of human rights implications of international environmental law principles in the climate change regime, the book explores how the human rights framework can be used in relation to mitigation, adaption, and adjudication. Other chapters examine how vulnerable groups –women, indigenous peoples and climate "refugees" – would be disproportionately affected by climate change. The book then goes on to discuss a new category of people created by climate change, those who will be rendered stateless as a result of states disappearing and displaced by climate change, and whether human rights law can adequately address these emerging issues.

Environmental Human Rights and Climate Change Book

Environmental Human Rights and Climate Change


  • Author : Bridget Lewis
  • Publisher : Springer
  • Release Date : 2018-08-21
  • Genre: Law
  • Pages : 250
  • ISBN 10 : 9789811319600

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Environmental Human Rights and Climate Change Excerpt :

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.

Environmental Protection and the European Convention on Human Rights Book

Environmental Protection and the European Convention on Human Rights


  • Author : Daniel I. García San José
  • Publisher : Council of Europe
  • Release Date : 2005
  • Genre: Science
  • Pages : 75
  • ISBN 10 : 9789287156983

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Environmental Protection and the European Convention on Human Rights Excerpt :

Recent years have seen a growing awareness of the environment as something to be protected, rather than taken for granted. But is there a "human right to the environment"? The European Convention on Human Rights and additional protocols do not cover any environmental rights or any interest in the preservation of the environment. Nevertheless, as the European Court has said, the Convention is a "living instrument", which has shown itself capable of adapting with the times; and today, some analysts see in the Court's case law a tendency to interpret certain provisions of the Convention as affording at least a degree of environmental protection. In this study, Daniel Garcâa San Josâ surveys the relevant case law, and examines the dualistic approach of judicial activism and self-restraint which has guided the decisions in this area. He concludes that there is no creation of a new right, but an evolving perception of the environmental dimension of some Convention provisions.