This book presents an argument for establishing environmental human rights as the legitimate possession of both present and future generations. It uses these rights - to clean air, water, and soil - to make an argument for justice across generations, that is, for recognizing the obligation that present generations have to preserve the environment and natural resources for future generations.
What are our obligations towards future generations who stand to be harmed by the impact of today’s environmental crises? This book explores ecological sustainability as a human rights issue and examines what our long-term responsibilities might be. This interdisciplinary collection of chapters provides a basis for understanding the debates on the provision of sustainability for future generations from a diverse set of theoretical standpoints. Covering a broad range of perspectives such as risk and uncertainty, legal implementation, representation, motivation and economics, Towards the Ethics of a Green Future sets out the key questions involved in this complex ethical issue. The contributors bring theoretical discussions to life through the use of case studies and real-world examples. The book also includes clear and tangible recommendations for policymakers on how to put the suggestions proposed within the book into practice. This book will be of great interest to all researchers and students concerned with issues of sustainability and human rights, as well as scholars of environmental politics, law and ethics more generally.
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.
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.
"This book begins with the recognition that continued practical denial of the human rights of children globally is due to the absence of any theoretical foundation justifying their reality. The goal of this book is to provide that foundation. Such a foundation departs from the eighteenth-century rationalist justification for human rights generally, and provides a new conceptualization for all human rights that embraces the facts of human vulnerability and capacity for promising as the real basis for rights. As such, children also qualify for full human rights, including those to a safe environment, to dignity, and to full participation as citizens, including voting rights. The theoretical foundation of children's human rights expands upon the "participation" rights included in the 1990 UN Convention on the Rights of the Child. Furthermore, full recognition of children's alters the composition and focus human rights to include the rights of future generations, group rights, and the pre-eminence of social and economic rights over civil and political rights"--
Human rights have fallen on hard times, yet they are more necessary than ever. People all over the world – from Amazonian villages to Iranian prisons – need human rights to gain recognition, campaign for justice, and save lives. But how can we secure a brighter future for human rights? What changes are required to confront the regime’s weaknesses and emerging global challenges? In this cutting-edge analysis, Alison Brysk sets out a pragmatic reformist agenda for human rights in the twenty-first century. Tracing problems and solutions through contemporary case studies – the plight of refugees, declining democracies such as Mexico and Turkey, the expansion of women’s rights, new norms for indigenous peoples, and rights regression in the USA – she shows that the dynamic strength of human rights lies in their evolving political practice. This distinctive vision demands that we build upon the gains of the human rights regime to construct new pathways which address historic rights gaps, from citizenship to security, from environmental protection to resurgent nationalism, and to globalization itself. Drawing on the author’s extensive experience as a leading human rights scholar and activist, The Future of Human Rights offers a broad and authoritative guide to the big questions in global human rights governance today.
A practical, bipartisan call to action from the world’s leading thinkers on the environment and sustainability Sustainability has emerged as a global priority over the past several years. The 2015 Paris Agreement on climate change and the adoption of the seventeen Sustainable Development Goals through the United Nations have highlighted the need to address critical challenges such as the buildup of greenhouse gases in the atmosphere, water shortages, and air pollution. But in the United States, partisan divides, regional disputes, and deep disagreements over core principles have made it nearly impossible to chart a course toward a sustainable future. This timely new book, edited by celebrated scholar Daniel C. Esty, offers fresh thinking and forward-looking solutions from environmental thought leaders across the political spectrum. The book’s forty essays cover such subjects as ecology, environmental justice, Big Data, public health, and climate change, all with an emphasis on sustainability. The book focuses on moving toward sustainability through actionable, bipartisan approaches based on rigorous analytical research.
The nature of environmental human rights and their relation to larger rights theories has been a frequent topic of discussion in law, environmental ethics and political theory. However, the subject of environmental human rights has not been fully established among other human rights concerns within political philosophy and theory. In examining environmental rights from a political theory perspective, this book explores an aspect of environmental human rights that has received less attention within the literature. In linking the constraints of political reality with a focus on the theoretical underpinnings of how we think about politics, this book explores how environmental human rights must respond to the key questions of politics, such as the state and sovereignty, equality, recognition and representation, and examines how the competing understandings about these rights are also related to political ideologies. Drawing together contributions from a range of key thinkers in the field, this is a valuable resource for students and scholars of human rights, environmental ethics, and international environmental law and politics more generally.
