Download or read book A Milestone in Environmental and Future Generations Rights Protection written by Daniel Rivas-Ramírez and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In April 2018, the Colombian Supreme Court reached an historic decision concerning the deforestation problem in the Colombian Amazon Rainforest. The case STC 4360-2018 raises many legal dilemmas concerning the relationship between deforestation and constitutional rights recognised by the Colombian constitution, including the right to life, the right to human health, and the right to a healthy environment. In this analysis, we discuss how the Supreme Court's ruling represents heterodox legal reasoning grounded in 'de-colonial' thinking; the impact of international environmental law on the Court's findings; and the implications that the judgment may have on the Colombian legal order, focusing in particular on the way that the Court seems to promote the protection of collective rights over private rights.
Download or read book Environmental Rights written by Stephen J. Turner and published by Cambridge University Press. This book was released on 2019-05-23 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive and systematic guide to environmental rights and their relationship with standards of protection globally, nationally and locally.
Download or read book Environmental Justice and the Rights of Unborn and Future Generations written by Laura Westra and published by Routledge. This book was released on 2012-05-04 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: The traditional concept of social justice is increasingly being challenged by the notion of a humankind that spans current and future generations. This book, with a foreword by Roger Brownsword, is the first systematic examination of how the rights of the unborn and future generations are handled in common law and under international legal instruments. It provides comprehensive coverage of the arguments over international legal instruments, key legal cases and examples including the Convention on the Rights of the Child, industrial disasters, clean water provision, diet, HIV/AIDS, environmental racism and climate change. Also covered are international agreements and objectives as diverse as the Kyoto Protocol, the Millennium Development Goals and international trade. The result is the most controversial and thorough examination to date of the subject and the enormous ramifications and challenges it poses to every aspect of international and domestic environmental, human rights, trade and public health law and policy.
Download or read book Environmental Rights written by Stephen J. Turner and published by Cambridge University Press. This book was released on 2019-05-23 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Environmental Protection and Human Rights written by Donald K. Anton and published by Cambridge University Press. This book was released on 2011-04-11 with total page 1025 pages. Available in PDF, EPUB and Kindle. Book 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.
Download or read book Human Rights and the Environment written by Maguelonne Dejeant-Pons and published by Council of Europe. This book was released on 2002-01-01 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together, for the first time, international texts relating to individual and collective rights to environmental protection standards, for the benefit of present and future generations. These rights include access to information, public participation in decision-making, and access to justice in environmental matters. This publication will be of interest to human rights specialists, environmentalists and all those wishing to exercise environmental rights.
Download or read book Should Trees Have Standing written by Christopher D. Stone and published by Oxford University Press. This book was released on 2010-04-07 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 1972, Should Trees Have Standing? was a rallying point for the then burgeoning environmental movement, launching a worldwide debate on the basic nature of legal rights that reached the U.S. Supreme Court. Now, in the 35th anniversary edition of this remarkably influential book, Christopher D. Stone updates his original thesis and explores the impact his ideas have had on the courts, the academy, and society as a whole. At the heart of the book is an eminently sensible, legally sound, and compelling argument that the environment should be granted legal rights. For the new edition, Stone explores a variety of recent cases and current events--and related topics such as climate change and protecting the oceans--providing a thoughtful survey of the past and an insightful glimpse at the future of the environmental movement. This enduring work continues to serve as the definitive statement as to why trees, oceans, animals, and the environment as a whole should be bestowed with legal rights, so that the voiceless elements in nature are protected for future generations.
Download or read book The Environmental Rights Revolution written by David R. Boyd and published by UBC Press. This book was released on 2011-11-29 with total page 470 pages. Available in PDF, EPUB and Kindle. Book 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.
Download or read book Human Rights Approaches to Environmental Protection written by Alan E. Boyle and published by Oxford University Press on Demand. This book was released on 1998 with total page 313 pages. Available in PDF, EPUB and Kindle. Book 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.
Download or read book Our Extractive Age written by Judith Shapiro and published by Routledge. This book was released on 2021-05-30 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our Extractive Age: Expressions of Violence and Resistance emphasizes how the spectrum of violence associated with natural resource extraction permeates contemporary collective life. Chronicling the increasing rates of brutal suppression of local environmental and labor activists in rural and urban sites of extraction, this volume also foregrounds related violence in areas we might not expect, such as infrastructural developments, protected areas for nature conservation, and even geoengineering in the name of carbon mitigation. Contributors argue that extractive violence is not an accident or side effect, but rather a core logic of the 21st Century planetary experience. Acknowledgement is made not only of the visible violence involved in the securitization of extractive enclaves, but also of the symbolic and structural violence that the governance, economics, and governmentality of extraction have produced. Extractive violence is shown not only to be a spectacular event, but an extended dynamic that can be silent, invisible, and gradual. The volume also recognizes that much of the new violence of extraction has become cloaked in the discourse of "green development," "green building," and efforts to mitigate the planetary environmental crisis through totalizing technologies. Ironically, green technologies and other contemporary efforts to tackle environmental ills often themselves depend on the continuance of social exploitation and the contaminating practices of non-renewable extraction. But as this volume shows, resistance is also as multi-scalar and heterogeneous as the violence it inspires. The book is essential reading for activists and for students and scholars of environmental politics, natural resource management, political ecology, sustainable development, and globalization.
Download or read book Standing and Future Generations written by Bradford C. Mank and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many issues, especially potential environmental catastrophes caused by climate change, affect not just the living, but also future generations. The bias in our political system against addressing the interests of future generations poses serious obstacles in solving long-term environmental problems such as global warming. Because future generations cannot vote, unelected federal judges are more suited to protect their interests than the political branches. An important question is whether anyone has standing to sue on behalf of future generations in the federal courts. The Supreme Court's Article III standing test requires plaintiffs to demonstrate that they have personally suffered an injury that is actual and imminent, and not merely conjectural or hypothetical. For non-governmental plaintiffs, there is arguably conflicting law regarding whether and when probabilistic risks justify standing, especially where a plaintiff seek a substantive remedy. For uncertain risks that have a probability of less than fifty percent of occurring during the plaintiff's lifetime, a court might deny standing because the risks are too uncertain. In Massachusetts v. EPA, 127 S. Ct. 1438 (2007), the Supreme Court held that Massachusetts had standing to challenge the EPA's refusal to regulate carbon dioxide because states are entitled to more lenient standing criteria than ordinary citizens. The Court considered evidence from computer models that climate change through the year 2100 would result in ever rising sea levels and damage to Massachusetts coastline. It is unclear whether an ordinary citizen could raise a claim involving global warming because the harm is generalized and probabilistic. Despite the actual and imminent requirement limitation of suits on behalf of future generations, Massachusetts supports the protection of future generations in some circumstances. Under the parens patriae doctrine, states have a quasi-sovereign interest in protecting the health and safety interests of their citizens. There is a good argument that states have a quasi-sovereign interest in not just their current citizens but also their future citizens. Furthermore, the modern public trust doctrine and several state laws recognize that states have a duty to protect natural resources for future generations. Because both federal and state law recognizes the important role of states in protecting natural resources for future generations, federal courts should apply a liberal approach to standing issues when states bring parens patriae or public trust suits to protect those resources for the state's future citizens. This is the first article to consider whether Massachusetts supports standing rights for future generations. It builds upon and goes beyond my forthcoming article in the WILLIAM & MARY LAW REVIEW examining the impacts of Massachusetts on standing doctrine. Bradford C. Mank, Should States Have Greater Standing Rights Than Ordinary Citizens?: Massachusetts v. EPA's New Standing Test for States, WILLIAM & MARY L. REV. (Forthcoming 2008).
Download or read book Climate Change Litigation Global Perspectives written by Ivano Alogna and published by BRILL. This book was released on 2021-04-26 with total page 567 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ground-breaking volume provides analyses from experts around the globe on the part played by national and international law, through legislation and the courts, in advancing efforts to tackle climate change, and what needs to be done in the future. Published under the auspices of the British Institute of International and Comparative Law (BIICL), the volume builds on an event convened at BIICL, which brought together academics, legal practitioners and NGO representatives. The volume offers not only the insights from that event, but also additional materials, sollicited to offer the reader a more complete picture of how climate change litigation is evolving in a global perspective, highlighting both opportunities, and constraints.
Download or read book Environmental Justice and the Rights of Unborn and Future Generations written by Laura Westra and published by . This book was released on with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: The traditional concept of social justice is increasingly being challenged by the notion of a humankind that spans current and future generations. This book, with a foreword by Roger Brownsword, is the first systematic examination of how the rights of the unborn and future generations are handled in common law and under international legal instruments. It provides comprehensive coverage of the arguments over international legal instruments, key legal cases and examples including the Convention on the Rights of the Child, industrial disasters, clean water provision, diet, HIV/AIDS, environmental racism and climate change. Also covered are international agreements and objectives as diverse as the Kyoto Protocol, the Millennium Development Goals and international trade. The result is the most controversial and thorough examination to date of the subject and the enormous ramifications and challenges it poses to every aspect of international and domestic environmental, human rights, trade and public health law and policy.
Download or read book Constitutionalism and Transnational Governance Failures written by and published by BRILL. This book was released on 2024-03-11 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores strategies for limiting transnational market failures, governance failures and constitutional failures impeding protection of the universally agreed sustainable development goals like climate change mitigation and access to justice and transnational rule-of-law. Can multilevel democratic and judicial protection of fundamental rights and public goods across frontiers be extended through plurilateral agreements? Can transnational economic and environmental constitutionalism be reconciled with ‘constitutional pluralism’ and with democratic constitutionalism depending on individual and democratic consent of free and equal citizens? Will judicial challenges (e.g. of EU carbon border adjustment measures) and countermeasures lead to further disruption of UN and WTO law? "This innovative book provides convincing analyses by leading practitioners and academics of multilevel governance of transnational public goods. It advocates the need for stronger involvement of civil society and democratic institutions. It shows why constitutionalism and constitutional economics offer appropriate methodologies for limiting market failures, government failures and constitutional failures. It thereby offers a glimpse of much needed optimism." Karl-Ernst Brauner, former Deputy Director-General of the World Trade Organization (WTO)
Download or read book Our Common Future written by and published by . This book was released on 1990 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Making Sense of Environmental Human Rights and Global Environmental Constitutionalism written by James R. May and published by . This book was released on 2020 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: Abstract: The field of human rights engages rights that are thought to inhere to humanness, commonly categorised as either civil and political or social, economic and cultural. Civil and political rights include the right to vote, assemble and participate, as well as to free speech, religion and legal processes. Socioeconomic and cultural rights include dignity, education, health, food, water, sick leave, family leave, and employment, to name a few. A healthy environment occupies the liminality between. But until fairly recently, the human rights oeuvre largely avoided the question as to whether humans are entitled to a healthy environment. 'Global Enviromental Constitutionalism' has changed that. It explores the constitutional engagement, incorporation, adjudication and implementation of environmental rights, duties, responsibilities, procedures, policies and other measures that promote the twin aims of environmental protection and a right to a healthy environment. The constitutions of at least 84 countries now expressly recognise something akin to a right to a healthy environment. Courts in several additional countries have inferred a right to a healthy environment from other established rights, largely to life, dignity or health.Global environmental constitutionalism involves much more than whether to recognise a right to a healthy environment. Scores of countries have also amended or adopted constitutions to grant rights to information, participation, justice, water, sustainable development and a safe climate; to recognise rights of current and future generations, pndigenous peoples, and of nature; to impose (sometimes reciprocal) duties to protect the environment and the climate and engage in environmental assessment; and to promote myriad environmental policies, including sustainability. Environmental constitutionalism shows growth in the areas of climate litigation, rights of nature, procedural rights, application of human dignity under law, water law and sustainability.The task at hand is to explain how a human right to a healthy environment emerged and, ultimately, encouraged and converged with global environmental constitutionalism, and, to explore the extent to which environmental rights are being implemented and are improving environmental and human health outcomes.
Download or read book Litigating Climate Change in the Global South written by Jolene Lin and published by Oxford University Press. This book was released on 2024-07-15 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: While climate change litigation in developed countries of the 'Global North' is a well-studied phenomenon (from its distinctive characteristics and the contribution it is making, to the implementation of international climate laws like the Paris Agreement), relatively few studies focus on climate case law emerging elsewhere. Litigating Climate Change in the Global South sheds light on emerging and accelerating climate litigation in developing countries across the three regions of Africa, Latin America and the Caribbean, and Asia and the Pacific. It is the first monograph-length work to provide a comprehensive assessment of this jurisprudence. Amid growing scholarly and policy interest in climate change litigation and its impact on international climate governance, the book examines which Global South countries are seeing climate cases, what is driving these trends, the coalitions of actors involved, and the early impacts this litigation is having on global goals of climate mitigation and adaptation.
