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Author: Hendrik Schoukens
Publisher: Edward Elgar Publishing
Published: 2024-03-14
Total Pages: 381
ISBN-13: 1035300427
DOWNLOAD EBOOKIn light of the UN General AssemblyÕs recognition of the human right to a clean, healthy, and sustainable environment, this erudite book presents in-depth analyses of the concrete operationalization of this right at the regional, national, and international level.
Author: David R. Boyd
Publisher: UBC Press
Published: 2011-11-29
Total Pages: 470
ISBN-13: 0774821639
DOWNLOAD EBOOKThe 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.
Author: John H. Knox
Publisher: Cambridge University Press
Published: 2018-06-28
Total Pages: 309
ISBN-13: 1108421199
DOWNLOAD EBOOKThis book considers and clarifies many different facets of the international human right to a healthy environment.
Author: Timothy Cadman
Publisher: Routledge
Published: 2021-12-13
Total Pages: 300
ISBN-13: 1000482499
DOWNLOAD EBOOKThis book systematically explores the emerging legal discipline of Earth System Law (ESL), challenging the closed system of law and marking a new era in law and society scholarship. Law has historically provided stability, certainty, and predictability in the ordering of social relations (predominantly between humans). However, in recent decades the Earth’s relationship in law has changed with increasing recognition of the standing of Mother Earth, inherent rights of the environment (such as flora and fauna, rivers), and now recognition of the multiple relations of the Anthropocene. This book questions the fundamental assumption that ‘the law’ only applies to humans, and that the earth, as a system, has intrinsic rights and responsibilities. In the last ten years the planet has experienced its hottest period since human evolution, and by the year 2100, unless substantive action is taken, many species will be lost, and planetary conditions will be intolerable for human civilisation as it currently exists. Relationships between humans, the biosphere, and all planetary systems must change. The authors address these challenging topics, setting the groundwork of ESL to ensure sustainable development of the coupled socio-ecological system that the Earth has become. Earth System Law is an interdisciplinary and transdisciplinary research project, and, as such, this book will be of great interest to researchers and stakeholders from a wide range of disciplines, including political science, anthropology, economics, law, ethics, sociology, and psychology.
Author: Peter D. Burdon
Publisher: Taylor & Francis
Published: 2023-05-15
Total Pages: 349
ISBN-13: 1000873528
DOWNLOAD EBOOKThe Routledge Handbook of Law and the Anthropocene provides a critical survey into the function of law and governance during a time when humans have the power to impact the Earth system. The Anthropocene is a “crisis of the earth system.” This book addresses its implications for law and legal thinking in the twenty-first century. Unpacking the challenges of the Anthropocene for advocates of ecological law and politics, this handbook pursues a range of approaches to the scientific fact of anthropocentrism, with contributions from lawyers, philosophers, geographers, and environmental and political scientists. Rather than adopting a hubristic normativity, the contributors engage methods, concepts, and legal instruments in a way that underscores the importance of humility and an expansive ethical worldview. Contributors to this volume are leading scholars and future leaders in the field. Rather than upholding orthodoxy, the handbook also problematizes received wisdom and is grounded in the conviction that the ideas we have inherited from the Holocene must all be open to question. Engaging such issues as the Capitalocene, Gaia theory, the rights of nature, posthumanism, the commons, geoengineering, and civil disobedience, this handbook will be of enormous interest to academics, students, and others with interests in ecological law and the current environmental crisis.
Author: Michelle Lim
Publisher: Springer Nature
Published: 2019-08-31
Total Pages: 242
ISBN-13: 9811390657
DOWNLOAD EBOOKThis book explores a range of plausible futures for environmental law in the new era of the Earth’s history: the Anthropocene. The book discusses multiple contemporary and future challenges facing the planet and humanity. It examines the relationship between environmental law and the Anthropocene at governance scales from the global to the local. The breadth of issues and jurisdictions covered by the book, its forward-looking nature, and the unique generational perspective of the contributing authors means that this publication appeals to a wide audience from specialist academics and policy-makers to a broader lay readership.
Author: Francesco Sindico
Publisher: Springer Nature
Published: 2021-01-21
Total Pages: 615
ISBN-13: 3030468828
DOWNLOAD EBOOKThis book is based on the acknowledgment that climate change is a multifaceted challenge that requires action on the part of all stakeholders, including civil society, and the notion that climate change is at a tipping point with urgent measures needed in the next decade. Against this background, civil society is turning its attention to the courts as a means to directly influence climate action, partly because of the global scepticism towards the progress of global climate action, despite the ongoing implementation of the Paris Agreement. Focusing on the individual, broadly representing civil society, the book offers fresh perspectives on climate change litigation. While most of the literature on climate change litigation examines the same specific jurisdictions, mostly common law countries (US and Australia in particular), this book also considers specific countries in Asia, Africa and Latin America with little or no climate change litigation. It explores the reasons for the lack of litigation and discusses what measures should or could be taken to change this situation and push forward climate action. Unlike other literature on the subject, this book analyses climate change litigation using a scenario-based methodology. Combining rigorous academic analysis with a practical policy-oriented focus, the book provides valuable insights for a wide range of stakeholders interested in climate change litigation. It appeals to civil society organisations around the world, international organisations and law firms interested in climate change litigation.
Author: Louis Kotzé
Publisher: Bloomsbury Publishing
Published: 2017-06-15
Total Pages: 403
ISBN-13: 1509906541
DOWNLOAD EBOOKThe era of eco-crises signified by the Anthropocene trope is marked by rapidly intensifying levels of complexity and unevenness, which collectively present unique regulatory challenges to environmental law and governance. This volume sets out to address the currently under-theorised legal and consequent governance challenges presented by the emergence of the Anthropocene as a possible new geological epoch. While the epoch has yet to be formally confirmed, the trope and discourse of the Anthropocene undoubtedly already confront law and governance scholars with a unique challenge concerning the need to question, and ultimately re-imagine, environmental law and governance interventions in the light of a new socio-ecological situation, the signs of which are increasingly apparent and urgent. This volume does not aspire to offer a univocal response to Anthropocene exigencies and phenomena. Any such attempt is, in any case, unlikely to do justice to the multiple implications and characteristics of Anthropocene forebodings. What it does is to invite an unrivalled group of leading law and governance scholars to reflect upon the Anthropocene and the implications of its discursive formation in an attempt to trace some initial, often radical, future-facing and imaginative implications for environmental law and governance.
Author: Walter F. Baber
Publisher: Cambridge University Press
Published: 2023-02-28
Total Pages: 237
ISBN-13: 1009040014
DOWNLOAD EBOOKHuman rights and environmental protection are closely intertwined, and both are critically dependent on supportive legal opportunity structures. These legal structures consist of access to the courts; 'legal stock' or the set of available standards and precedents on which to base litigation; and institutional receptiveness to potential litigation. These elements all depend on a variety of social, political, and economic variables. This book critically analyses the complexities of uniting human rights advocacy and environmental protection. Bringing together international experts in the field, it documents the current state of our environmental human rights knowledge, strategically critical questions that remain unanswered, and the initiatives required to develop those answers. It is ideal for researchers in environmental governance and law, as well as interested practitioners and advanced students working in public policy, political science and environmental studies.
Author: Saskia Stucki
Publisher: Springer Nature
Published: 2023-01-01
Total Pages: 112
ISBN-13: 303119201X
DOWNLOAD EBOOKThis is an open access book.Animals are the traditional blind spot in human rights theory. This book brings together the seemingly disparate discourses of human and animal rights, and looks at emerging animal rights as new human rights. It approaches the question whether animals can and should have human rights through a comprehensive review of contemporary human rights philosophy, discussing both naturalistic and political justifications of human and animal rights. On philosophical as well as practical grounds, this book argues that there are compelling conceptual, principled, and prudential reasons for modernizing the human rights paradigm and integrating animals into its protective mandate. Moreover, this book proposes the novel One Rights approach as a new (post-)human rights paradigm for the Anthropocene. One Rights advances a holistic understanding of the indivisibility and interdependence of human and animal rights. This book explores how the systematic subjugation, exploitation, and extermination of animals simultaneously contributes to some of the gravest social and environmental threats to human rights, such as animalistic dehumanization and climate change. This book submits that, in light of their socio-political and ecological interconnectedness, human and animal rights are best protected in concert. The themes of this book are part of a larger conversation about postanthropocentric legal paradigms emerging in the Anthropocene. For human rights to survive in this era of anthropogenic crises, we need to abandon the toxic ideology of human exceptionalism and embrace a more inclusive version of (post-)human rights that tends to the nonhuman. This book intends to show that a holistic One Rights approach promises to achieve better rights-protective outcomes for humans, animals, and their shared planetary home.
