Research Handbook on Human Rights and the Environment

Environmental / Energy Law › Human Rights

Research Handbook on Human Rights and the Environment

Edited by A. Grear · L. J. Kotze
Edward Elgar Publishing June 2015

Specifications

ISBN-13
9781782544425
Publisher
Edward Elgar Publishing
Publication
June 2015
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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.

Table of Contents

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
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