The Search for Environmental Justice

Environmental / Energy Law

The Search for Environmental Justice

Edited by Paul Martin · Sadeq Z. Bigdeli · Trevor Daya-Winterbottom · Willemien du Plessis · Amanda Kennedy
Edward Elgar Publishing January 2017

Specifications

ISBN-13
9781784719869
Publisher
Edward Elgar Publishing
Publication
January 2017
Format
Paperback , 384 pages
Jurisdiction
International ? Countri(es) for reference only

Also available as

Hardback

Details

This thoughtful book provides an overview of the major developments in the theory and practice of ‘environmental justice’. It illustrates the direction of the evolution of rights of nature and exposes the diverse meanings and practical uses of the concept of environmental justice in different jurisdictions, and their implications for the law, society and the environment.

The term 'environmental justice' has different meaning to different scholars and is applied in many different contexts. For some, the focus is on equal distribution of the earth’s benefits, with concern for the interests of the less wealthy, disadvantaged minorities, or indigenous people. For others the focus is on the interests of the earth and nature itself. Additionally, for some, environmental justice is a framework for discourse, whilst for others it connotes specific legal principles and procedures. The application of these interpretations through the law involves diverse approaches and rules. In this timely book, expert contributors identify the meanings and the practical translation of environmental justice, reflecting the perspectives of academic, judicial and indigenous people from many countries. Among the issues considered are the rights of nature and its application through judicial practice, and approaches to respecting the laws, culture and the rights of Indigenous peoples.

This integrated exploration of the topic will provide an excellent resource for scholars, judicial officers and practitioners interested in environmental and social justice issues.

Table of Contents

1. The Search for Environmental Justice
Paul Martin, Sadeq Bigdeli, Trevor Daya-Winterbottom, Willemien Du Plessis and Amanda Kennedy

PART I FRAMING THE SEARCH FOR ENVIRONMENTAL JUSTICE 
2. The Effectiveness of the Law in Providing Access to Environmental Justice
Brian Preston

3. The Rule of Law in the Anthropocene
Klaus Bosselman 

4. Biodiversity Justice in a Climate Change World
Lee Godden and Emily O’Connell 

PART II RIGHTS-BASED CONCEPTUALISATIONS 
5. Human Rights and the Environment
Susan Glazebrook 

6. No Private Property Rights in the Atmosphere
Ben France-Hudson 

7. On the Theory and Practice of the Rights of Nature
Joel I. Colón-Ríos 

PART III IMPLEMENTATION CHALLENGES OF ENVIRONMENTAL JUSTICE
8. REDD+ Implementation in Thailand 
Wanida Phromlah and Paul Martin 

9. Indonesia REDD+: Beyond Carbon, More Than Just Forest
Mas Santosa, Josi Khatarina and Aldilla Suwana 

10. Consensus Federalism and Freshwater Regulation
Amelia Keene

11. International Environmental Governance in the Pacific Island Region
Justin Rose 

12. Safe Harbours, Closed Borders? 
Vernon Rive 

13. Overcoming Climate Inertia with Unilateral Action on Black Carbon
Anastasia Telesetsky 

14. Is There Relief For Transnational Harm?
Christopher Chaulk

15. Issues from the Adventitious Presence of GMOs
Ramesh Karky and Mark Perry 

PART IV RECOGNITION OF INDIGENOUS PEOPLES’ INTERESTS
16. Customary Law Systems for Water Governance in Kenya
Elizabeth Cachenga 

17. Legal Strategies to expand Indigenous Governance in Climate Change Adaptation 
Donna Craig 

18. Innovative Collaboration, Inclusive Practices, Governance and Cultural Capital
Johhnie Aseron, Neyooxet Greymorning and Jacqueline Williams

Index

About the Author

Edited by Paul Martin, Professor, University of New England, Armidale NSW, Australia, Sadeq Z. Bigdeli, Senior Lecturer and Trevor Daya-Winterbottom, Senior Lecturer, University of Waikato, New Zealand, Willemien du Plessis, Professor, North-West University, South Africa and Amanda Kennedy, Associate Professor, University of New England, Armidale NSW, Australia

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