Community-based Environmental Protection
Author:
Publisher:
Published: 1997
Total Pages: 144
ISBN-13:
DOWNLOAD EBOOKPosts
Constitutional Environmental Rights
Author: Tim Hayward
Publisher: OUP Oxford
Published: 2004-12-16
Total Pages: 248
ISBN-13: 0191535311
DOWNLOAD EBOOKThis 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.
Environmental Protection and Community Rights
Author: Aschara Chinniyompanich
Publisher:
Published: 2017
Total Pages: 94
ISBN-13:
DOWNLOAD EBOOKSince 1945 human rights have been included in state obligations and duties in the Charter of United Nations and other legal agreements. These instruments describe the need to respect, protect, and fulfill the rights of people of every nationality, place of residence, gender,ethnicity, colour, religion, language, or other status. Human rights have been further elaborated in the context of community or group rights as third generation rights. They are sometimes referred to as „solidarity rights‟ and mentioned in many international contexts such as in the Universal Declaration of Human Rights, the Rio Declaration, the Convention on Biological Diversity and its Nagoya Protocol. This third generation of human rights includes rights to goods, such as development, peace, a healthy environment, communication,humanitarian assistance, and a share in the common heritage of mankind.Community rights, pertaining to environmental protection have been included in the Constitution of the Kingdom of Thailand since 1997. However, cases have been reported of violations of the written law and the enforcement of community rights. These cases provide the evidence of a gap between the law and its enforcement. This study investigates this gap,particularly in relation to community rights and the mining of natural resources in rural localities in Thailand. Australian laws and practices provide the comparative context for this investigation, including some case studies. This study proposes ways of closing the gap between the Constitution and its enforcement that will aide Thailand‟s future strengthening of community rights and environmental protection for rural people. These proposals include: a Community Rights Act, policies and additional inclusions in the current legislation.
Environmental Protection and Human Rights
Author: Donald K. Anton
Publisher: Cambridge University Press
Published: 2011-04-11
Total Pages: 1025
ISBN-13: 1139498525
DOWNLOAD EBOOKWith 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.
On Community Civil Disobedience in the Name of Sustainability
Author: Community Environmental Legal Defense Fund
Publisher: PM Press
Published: 2015-08-01
Total Pages: 73
ISBN-13: 1629631426
DOWNLOAD EBOOKHumanity stands at the brink of global environmental and economic collapse. We have pinned our future to an economic system that centralizes power in fewer and fewer hands, and whose benefits increasingly flow to smaller and smaller numbers of people. Our system of government is similarly medieval—relying on a 1780s constitutional form of government written to guarantee the exploitation of the natural environment and elevate “the endless production of more” over the rights of people, nature, and their communities. But right now, people within the community rights movement aren’t waiting for power brokers to fix the system. They’re beginning to envision a new sustainability constitution by adopting new laws at the local level that are forcing those ideas upward into the state and national ones. In doing so, they are directly challenging the basic operating system of this country—one which currently elevates corporate “rights” above the rights of people, nature, and their communities—and changing it into one which recognizes a right to local, community self-government that cannot be overridden by corporations, or by governments wielded by corporate interests. This short primer from the Community Environmental Legal Defense Fund explores and describes the philosophy and underpinnings of the community rights movement that has emerged in the United States—a movement of nonviolent civil disobedience based on municipal lawmaking.
The Green Amendment
Author: Maya K. Van Rossum
Publisher:
Published: 2017
Total Pages: 0
ISBN-13: 9781633310216
DOWNLOAD EBOOK2017 INDIE BOOK OF THE YEAR AWARD FINALIST "A rallying cry . . . Everyone who is concerned about the welfare of all species, including human beings. Please read this important book." --Richard Louv, chairman emeritus of the Children & Nature Network and author of LAST CHILD IN THE WOODS and THE NATURE PRINCIPLE The Constitutional Change We Need to Protect Our Priceless Natural Resources For decades, activists have relied on federal and state legislation to fight for a cleaner environment. And for decades, they've been fighting a losing battle. The sad truth is, our laws are designed to accommodate pollution rather than prevent it. It's no wonder people feel powerless when it comes to preserving the quality of their water, air, public parks, and special natural spaces. But there is a solution, argues veteran environmentalist Maya K. van Rossum: bypass the laws and turn to the ultimate authority--our state and federal constitutions. In 2013, van Rossum and her team won a watershed legal victory that not only protected Pennsylvania communities from ruthless frackers but affirmed the constitutional right of people in the state to a clean and healthy environment. Following this victory, van Rossum inaugurated the Green Amendment movement, dedicated to empowering every American community to mobilize for constitutional change. Now, with The Green Amendment, van Rossum lays out an inspiring new agenda for environmental advocacy, one that will finally empower people, level the playing field, and provide real hope for communities everywhere. Readers will discover how legislative environmentalism has failed communities across America, the transformational difference environmental constitutionalism can make, the economic imperative of environmental constitutionalism, and how to take action in their communities. We all have the right to pure water, clean air, and a healthy environment. It's time to claim that right--for our own sake and that of future generations.
Environmental Rights
Author: Stephen J. Turner
Publisher: Cambridge University Press
Published: 2019-05-23
Total Pages: 455
ISBN-13: 1108482244
DOWNLOAD EBOOKA comprehensive and systematic guide to environmental rights and their relationship with standards of protection globally, nationally and locally.
Unequal Protection
Author: Robert Doyle Bullard
Publisher: Random House (NY)
Published: 1994
Total Pages: 424
ISBN-13:
DOWNLOAD EBOOKSixteen contributions show how environmental laws have been inconsistently applied, so that low-income communities and people of color suffer disproportionately from public health hazards. The essays describe how abuses have flourished for lack of government action and organized resistance, and document the strategies of grassroots groups on building coalitions among traditional environmentalists and social justice groups. Annotation copyright by Book News, Inc., Portland, OR
Environmental Laws
Author: Susan R. Fletcher
Publisher: Nova Publishers
Published: 2008
Total Pages: 134
ISBN-13: 9781604561357
DOWNLOAD EBOOKSeveral major statutes form the legal basis for the programs of the Environmental Protection Agency (EPA). Many of these have been amended several times. The current provisions of each are briefly summarised in this report. The Pollution Prevention Act (PPA) seeks to prevent pollution through reduced generation of pollutants at their point of origin. The Clean Air Act (CAA) requires EPA to set mobile source limits, ambient air quality standards, hazardous air pollutant emission standards, standards for new pollution sources, and significant deterioration requirements; and to focus on areas that do not attain standards. The Clean Water Act (CWA) establishes a sewage treatment construction grants program, and a regulatory and enforcement program for discharges of wastes into U.S. waters. Focusing on the regulation of the intentional disposal of materials into ocean waters and authorising related research is the Ocean Dumping Act. The Safe Drinking Water Act (SDWA) establishes primary drinking water standards, regulates underground injection disposal practices, and establishes a groundwater control program. The Solid Waste Disposal Act and Resource Conservation and Recovery Act (RCRA) provide regulation of solid and hazardous waste, while the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), or Superfund, provides authority for the federal government to respond to releases of hazardous substances, and established a fee-maintained fund to clean up abandoned hazardous waste sites. The authority to collect fees has expired, and funding is now provided from general revenues. The Emergency Planning and Community Right-to-Know Act requires industrial reporting of toxic releases and encourages planning to respond to chemical emergencies. The Toxic Substances Control Act (TSCA) regulates the testing of chemicals and their use, and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) governs pesticide products and their use.
Linking Human Rights and the Environment
Author: Romina Picolotti
Publisher:
Published: 2003-05
Total Pages: 296
ISBN-13:
DOWNLOAD EBOOKThe environmental jurisprudence of international human rights tribunals / Dinah Shelton -- The right to the conservation of the environment / Alexandre Kiss -- Agenda 21 and human rights : the right to participate / Romina Picolotti -- Public participation in the era of globalization / Claudia Saladin -- The right to water as a human right / Ignacio J. Alvarez -- Women's rights and the global population crisis / Michael G. Shaw -- How human rights norms can contribute to environmental protection : some practical possibilities within the United Nations system / Caroline Dommen -- Environmental advocacy and the inter-American human rights system / Jorge Daniel Taillant -- Sharing common ground : a cautionary tale on the rights of indigenous peoples and the protection of biological diversity / Annecoos Wiersema -- Mayagna indigenous community of Awas Tingni and its effort to gain recognition of traditional lands : the community's case before the human rights institutions of the Organization of American States / S. James Anaya
