environmental protection and human rights

Download Book Environmental Protection And Human Rights in PDF format. You can Read Online Environmental Protection And Human Rights here in PDF, EPUB, Mobi or Docx formats.

Environmental Protection And Human Rights

Author : Donald K. Anton
ISBN : 9781139498524
Genre : Political Science
File Size : 68. 11 MB
Format : PDF, Kindle
Download : 613
Read : 161

Get This Book


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 : Linda Hajjar Leib
ISBN : 9789004188648
Genre : Law
File Size : 51. 40 MB
Format : PDF, ePub
Download : 721
Read : 520

Get This Book


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.

Human Rights Approaches To Environmental Protection

Author : Alan E. Boyle
ISBN : 0198267894
Genre : Law
File Size : 22. 17 MB
Format : PDF, Docs
Download : 129
Read : 382

Get This Book


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.

Human Rights And The Environment

Author : Lyuba Zarsky
ISBN : 9781849771634
Genre : Philosophy
File Size : 87. 22 MB
Format : PDF, Docs
Download : 817
Read : 1108

Get This Book


The impact of environmental damage on human rights - civil, political or welfare and labour rights - is becoming ever-more widely appreciated and has direct bearing on the behaviour of companies and their norms of conduct. In this volume, contributors draw on the tools and insights of a range of disciplines, including law, anthropology, economics, geography and social science, to analyze the issues and show how new standards that protect rights and liberties can be established.

Balancing Human Rights Environmental Protection And International Trade

Author : Emily Reid
ISBN : 9781782252511
Genre : Law
File Size : 55. 26 MB
Format : PDF, ePub
Download : 198
Read : 709

Get This Book


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.

Environmental Protection And The European Convention On Human Rights

Author : Daniel I. García San José
ISBN : 9789287156983
Genre : Science
File Size : 60. 27 MB
Format : PDF, ePub, Mobi
Download : 179
Read : 442

Get This Book


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.

When Environmental Protection And Human Rights Collide

Author : Marie-Catherine Petersmann
ISBN : OCLC:1109789760
Genre : Environmental law, International
File Size : 46. 97 MB
Format : PDF
Download : 122
Read : 379

Get This Book


This research inquiries into the meanings that have been ascribed to the 'environment' in relation to human rights in international law and adjudication. It retraces the historical nexus between international environmental law and human rights law and provides a genealogical account of their interconnectedness. The analysis reveals that a synergistic frame dominates the portrayal of how both regimes interact, while conflicts of norms inherent to this relationship remain overlooked. To bridge this gap, this research constructs a theoretical typology of conflicts between environmental laws and human rights and maps out the formal conflict prevention, conflict resolution and conflict avoidance techniques that exist to manage the tensions. An empirical analysis of conflicts decided by regional human rights courts reveals the politics that underlie the management of conflicts and exemplifies how courts developed specific strategies to counter the legal, factual and scientific indeterminacy that underpins the trade-offs. To justify their judicial decisions, adjudicators re-inject determinacy, objectivity and impartiality into their reasoning by articulating their arguments in an idiom of universality. Two 'universalisation strategies' are induced from the cases. First, environmental protection is framed as a ‘general’ interest and thereby granted additional weight in the balancing exercise against relative human rights. What the ‘general’ interest in environmental protection means and entails, however, cannot be epistemologically defined. By having recourse to this abstract concept, adjudicators continuously expand its content by subsuming certain substantive and procedural environmental concerns into it and discarding others. In doing so, adjudicators play a determining role in defining the environment-human rights nexus and legitimise certain visions of this interface rather than others. A form of hegemony is thereby taking place, which the research assesses through sociological (Bourdieu), political (Gramsci) and legal (Koskenniemi) lenses. A second ‘universalisation strategy’ used to counter indeterminacy is observable in the reliance of courts on scientific and technical experts’ data to determine 'optimal' outcomes. Reliance on expertise, it is demonstrated, grants weight to specific arguments in the balancing exercise and gives rise to an expert-based managerial approach to conflict adjudication. The research concludes with a reflection on the depoliticising effects involved in the juridification of environmental concerns and questions the suitability of international human rights law for radical environmental politics and change.

Human Rights Gender And Environment

Author : Bijayalaxmi Nanda
ISBN : 8184240023
Genre : Environmental protection
File Size : 69. 5 MB
Format : PDF, ePub, Docs
Download : 668
Read : 211

Get This Book



Human Rights And The Environment

Author : Svitlana Kravchenko
ISBN : STANFORD:36105131681194
Genre : Law
File Size : 78. 76 MB
Format : PDF, Kindle
Download : 959
Read : 526

Get This Book


Increasingly, environmental rights are being recognized as enforceable human rights, both substantive and procedural. Environmental law can no longer be viewed merely as a matter for policy choices in legislation. This new casebook shows how international and national court cases in Europe, Africa, Asia, and the Americas have begun to interpret treaties, national constitutions, and human rights legislation to protect the environment through the recognition of rights. For the first time, these rich developments are brought together in a book suitable as a primary text for classes and seminars.

The Quest For Environmental Justice

Author : Robert Doyle Bullard
ISBN : UOM:39015062891729
Genre : Law
File Size : 27. 17 MB
Format : PDF, ePub
Download : 293
Read : 359

Get This Book


In 1994, Sierra Club Books was proud to publish Dr. Robert D. Bullard's Unequal Protection: Environmental Justice and Communities of Color, a collection of essays contributed by some of the leading participants in the First National People of Color Environmental Leadership Summit, which focused attention on "environmental racism"--racial discrimination in environmental policymaking and the enforcement of environmental protection laws and regulations. Now, picking up where that groundbreaking anthology left off, Dr. Bullard has assembled a new collection of essays that capture the voices of frontline warriors who are battling environmental injustice and human rights abuses at the grassroots level around the world and challenging government and industry policies and globalization trends that place people of color and the poor at special risk. Part I presents an overview of the early environmental justice movement and highlights key leadership roles assumed by women activists. Part II examines the lives of people living in "sacrifice zones"--toxic corridors (such as Louisiana's infamous "Cancer Alley") where high concentrations of polluting industries are found. Part III explores land use, land rights, resource extraction, and sustainable development conflicts, including Chicano struggles in America's Southwest. Part IV examines human rights and global justice issues, including an analysis of South Africa's legacy of environmental racism and the corruption and continuing violence plaguing the oil-rich Niger delta. Together, the diverse contributors to this much-anticipated follow-up anthology present an inspiring and illuminating picture of the environmental justice movement in the first decade of the twenty-first century. In 1994, Sierra Club Books was proud to publish Dr. Robert D. Bullard's Unequal Protection: Environmental Justice and Communities of Color, a collection of essays contributed by some of the leading participants in the First National People of Color Environmental Leadership Summit, which focused attention on "environmental racism"--racial discrimination in environmental policymaking and the enforcement of environmental protection laws and regulations. Now, picking up where that groundbreaking anthology left off, Dr. Bullard has assembled a new collection of essays that capture the voices of frontline warriors who are battling environmental injustice and human rights abuses at the grassroots level around the world and challenging government and industry policies and globalization trends that place people of color and the poor at special risk. Part I presents an overview of the early environmental justice movement and highlights key leadership roles assumed by women activists. Part II examines the lives of people living in "sacrifice zones"--toxic corridors (such as Louisiana's infamous "Cancer Alley") where high concentrations of polluting industries are found. Part III explores land use, land rights, resource extraction, and sustainable development conflicts, including Chicano struggles in America's Southwest. Part IV examines human rights and global justice issues, including an analysis of South Africa's legacy of environmental racism and the corruption and continuing violence plaguing the oil-rich Niger delta. Together, the diverse contributors to this much-anticipated follow-up anthology present an inspiring and illuminating picture of the environmental justice movement in the first decade of the twenty-first century.

Top Download:

Best Books