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Research Handbook on Law, Environment and the Global South

Research Handbook on Law, Environment and the Global South

Author: Philippe Cullet; Sujith Koonan
Publisher: Edward Elgar Publishing
ISBN: 9781784717452
Published In: November 2019
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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This comprehensive Research Handbook offers an innovative analysis of environmental law in the global South. It contributes to an important reassessment of some of the major concepts underlying environmental law, from a perspective that emphasizes how their application affects poor and marginalized people as well as the wider ecosystems in which they live. Through legal analysis of environmental issues themselves, rather than the often limited discussion of existing legal instruments, this Research Handbook discusses areas rarely prioritized in environmental law, such as land rights, and underlines how these intersect with issues including poverty, livelihoods and the use of natural resources. Featuring contributors largely from, or working in, the global South with a variety of approaches and backgrounds, the Research Handbook challenges familiar narratives around development and sustainability in this context and provides new insights into environmental rights and justice.

Researchers and postgraduate students will find this Research Handbook's unique perspective invaluable, particularly in the context of a growing interest in `people-centric' environmental law. Policy-makers and activists in the global South will also be interested in its analysis of key issues and suggestions for alternative models and future policy.

Introduction: Law and Environment - global south perspectives - Philippe Cullet and Sujith Koonan

Part I Questioning the Concepts of Development and Sustainability

1. Intergenerational Justice, Water Rights, and Climate Change - Upendra Baxi 2. Justice, Development and Sustainability in the Anthropocene - Sam Adelman 3. Neoliberalism, law and nature - Larry Lohmann 4. Radical Well-being Alternatives to Development - Ashish Kothari

Part II Environmental Rights, Environmental Justice and Access to Remedies

5. Environmental Rights In The Global South - Louis J. Kotze and Evadne Grant 6. North-South Transboundary Movement of Hazardous Wastes - The Basel Ban and Environmental Justice - Julia Dehm and Adil Hasan Khan 7. The Bhopal Case: Retrospect and Prospect - Usha Ramanathan

Part III Land Use, Acquisition and Dispossession

8. Land Rights, Poverty and Livelihoods: The Case of Ethiopia - Michael G. Brightman 9. Wildlife Conservation and Land Rights in Kenya: Competing or Complementary Agendas? - Patricia Kameri-Mbote 10. Land-grabs and Dispossession in India: Laws of Value - Preeti Sampat

Part IV Forests: A Contested Resource or Commodity

11. Environmental impact assessment in the context of mangrove forest ecosystem management in Bangladesh: A case study of Rampal coal power plant project - Jona Razzaque 12. Forests, People and Poverty: Reforming the Global Development Paradigm in the Anthropocene - Feja Lesniewska 13. Access to and Control over Forest Resources - The Case of the Forest Rights Act, 2006 in India - Shankar Gopalakrishnan

Part V Indigenous peoples: Resource Use, Conservation, Livelihoods and Rights

14. Forest Rights and Tribals in Mineral Rich Areas of India: The Vedanta case and beyond - Geetanjoy Sahu 15. Conservation and Livelihoods: Conflicts or Convergence - C.R. Bijoy

Part VI Energy and the Environment

16. International Energy Policy For Development: Human Rights and Sustainable Development Law Imperatives - Thoko Kaime 17. Nuclear Energy and Liability: an Environmental Perspective - Saurabh Bhattacharjee

Part VII Water: Privatisation, Development and Human Rights

18. Realisation of the Right to Water: Lessons from South Africa - Michael Kidd 19. Dams and Displacement: The Case of the Sardar Sarovar Project, India - Varsha Bhagat-Ganguly 20. Wastewater Reuse in Irrigated Agriculture in urban and peri-urban India: A farmers' rights perspective - Lovleen Bhullar

Part VIII Commercial and Industrial Use of Resources and Equity

21. Mining, Development and Environment in India - Felix Padel and Malvika Gupta 22. Environment Impact Assessment in India: Contestations Over Regulating Development - Manju Menon and Kanchi Kohli 23. The Informal Waste Sector: `Surplus' Labour, Detritus, and the Right to the Post-colonial City - Kaveri Gill

Index