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Research Handbook on Human Rights and the Environment

Research Handbook on Human Rights and the Environment

Author: A. Grear; L. J. Kotze
Publisher: Edward Elgar Publishing
ISBN: 9781782544425
Published In: June 2015
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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Bringing together leading international scholars in the field, this authoritative Handbook combines critical and doctrinal scholarship to illuminate some of the challenging tensions in the legal relationships between humans and the environment, and human rights and environment law.

The accomplished contributors provide researchers and students with a rich source of reflection and engagement with the topic. Split into five parts, the book covers epistemologies, core values and closures, constitutionalisms and regionalisms, with a final concluding section highlighting points for further consideration.

An essential resource for students and scholars of human rights law, the volume will also be of significant interest to those in the field of environmental and constitutional law.

1: Editors’ Introduction

Anna Grear and Louis J. Kotze

PART I EPISTEMOLOGIES

2. Epistemologies of Mastery

Sam Adelman

3. Epistemologies of Doubt

Andreas Philippopoulos-Mihalopoulos

4. Ecological Subjectivities, Responsibilities, and Agency

Lorraine Code

PART II CORE VALUES AND CLOSURES

5. Environmental Human Rights: A Constructive Critique

Peter Byrdon

6. The Closures of Legal Subjectivity: Why Examining ‘Law’s Person’ is Critical to an Understanding of Injustice in an Age of Climate Crisis

Anna Grear

7. Property Rights, Environmental Justice and Worldly Order—Lessons from Natural Law

Sean Coyle

8. Re-imagining the Role of the Sovereign State and Individual Rights in Mitigating the Effects of the Deterioration of the Environment

Francois Venter

PART III CONSTITUTIONALISMS

9. Human Rights and the Environment through an Environmental Constitutionalism Lens

Louis J Kotze

10. Constitutions, Human Rights and the Environment: National Approaches

David R Boyd

11. Sustainability, Environmental Citizenship Rights and the Ongoing Challenges of Reshaping Supranational Environmental Governance

Karen Morrow

12. The United Nations, Human Rights and the Environment

Lynda Collins

PART IV REGIONALISMS

Regionalisms 1

Troubled Conversations?

13. In One Ear and Out the Other: Human Rights Consultations and Environmental Discourses for Human Rights in Australasia

Brad Jessup and Annette Jones

14. Reflecting on Cosmology and Environmental Protection: Maori Cultural Rights in Aotearoa New Zealand

Catherine J Iorns Magallanes

15. Environmental Justice and the Inter-American Human Rights System

Sophie Thériault

Regionalisms 2: Participations?

16. Aligning International Environmental Governance with the ‘Aarhus Principles’ and Participatory Human Rights

Ulrich Beyerlin

17. The Interaction Between Human Rights and the Environment in the European ‘Aarhus Space’

Ellen Hey

Regionalisms 3: Receptivities?

18. International Courts and Environmental Human Rights: Re-Imagining Adjudicative Paradigms

Evadne Grant

19. Human Rights and the Environment in the African Union Context

Werner Scholtz

PART V THE FUTURE WE WANT?

20. Protecting the Human Rights of Climate Displaced Persons: The Promise and Limits of the United Nations Framework Convention on Climate Change

Rosemary Lyster

21. Human Rights, Environmental Justice, and the North-South Divide

Carmen G Gonzalez

22. Selectivity in Law-Making: Regulating Extraterritorial Environmental Harm and Human Rights Violations by Transnational Extractive Corporations Penelope Simons

23. Ecosystem Services, Fear and the Subjects of Environmental Human Rights

Afshin Akhtar Khavari

24. Environmental and Human Rights in Ethical Context

Klaus Bosselmann

Index