Equality Among Unequals In International Environmental Law PDF Download

Author: Anita Margrethe Halvorssen
Publisher: Routledge
ISBN: 0429721544
Category : Political Science
Languages : en
Pages : 178

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Book Description
This book provides an examination of the principles of equality and equity in international environmental law. It focuses on analyzing what has been done on the international plane to promote the participation of developing countries in international environmental agreements.

Author: Philippe Cullet
Publisher: Routledge
ISBN: 1351944207
Category : Law
Languages : en
Pages : 342

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Book Description
This book is a comprehensive study of differential treatment for developing countries in international environmental law. It offers a compelling analysis of the legal dimension of the relationship between developed and developing countries in the environmental field and beyond. It first critically examines the principle of legal equality of states and then explores the conceptual framework behind the notion of differential treatment in international law and its relevance in bringing about substantive equality. The book examines the development of differentiation in international environmental law, considers its application in various environmental treaties and evaluates the legal status of existing differential norms. It also examines the contribution of differentiation to the implementation of environmental treaties and the extent to which differential treatment fosters the decentralization of international environmental policy making. It is an indispensable resource for all actors involved in environmental law and policy making, scholars and students.

Author: M. Fitzmaurice
Publisher: Edward Elgar Publishing
ISBN: 1848447310
Category : Law
Languages : en
Pages : 247

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Book Description
. . . Highly recommended as a key contribution to the literature. It fulfils its title in being contemporaneous, but more than that it also provides a subtle critique of how many international environmental lawyers have approached their subject. . . this book will be an essential read for anyone interested in the subject. British Yearbook of International Law This book presents an interesting, scholarly read. . . an invaluable reference asset, to law students, researchers, policy makers and non-state actors with interest in environmental regulation and governance. Priscilla Schwartz, Journal of Environmental Law This is a thoughtful and well-researched study of current issues in international environmental law. Malgosia Fitzmaurice s collection of essays is a welcome addition to the literature in this rapidly developing area of the law: it provides perspective on the environmental law issues discussed, but always against the background of the broader concepts and principles of general international law. James Crawford, University of Cambridge, UK The central aim of this insightful book is to illuminate how many concepts in international environmental law such as the precautionary principle and sustainable development are taken for granted. These problematic issues are very much still evolving and subject to heated debate between scholars as well as between states. The author explores these controversies viewing them as a positive development within a field that is in a constant state of flux. Areas discussed include the convergence of human rights with environmental issues and the quest for the human right to a clean environment. The book also clearly demonstrates that international environmental law cannot be analysed in isolation since it greatly influences the development of general international law. Taking full account of the most recent decisions of international courts and tribunals as well as the most up-to-date scholarly analysis, Contemporary Issues in International Environmental Law is a timely and important resource for legal scholars, under- and post-graduates and practitioners alike.

Author: Samuel Moyn
Publisher: Harvard University Press
ISBN: 067498482X
Category : Political Science
Languages : en
Pages : 297

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Book Description
“No one has written with more penetrating skepticism about the history of human rights.” —Adam Kirsch, Wall Street Journal “Moyn breaks new ground in examining the relationship between human rights and economic fairness.” —George Soros The age of human rights has been kindest to the rich. While state violations of political rights have garnered unprecedented attention in recent decades, a commitment to material equality has quietly disappeared. In its place, economic liberalization has emerged as the dominant force. In this provocative book, Samuel Moyn considers how and why we chose to make human rights our highest ideals while simultaneously neglecting the demands of broader social and economic justice. Moyn places the human rights movement in relation to this disturbing shift and explores why the rise of human rights has occurred alongside exploding inequality. “Moyn asks whether human-rights theorists and advocates, in the quest to make the world better for all, have actually helped to make things worse... Sure to provoke a wider discussion.” —Adam Kirsch, Wall Street Journal “A sharpening interrogation of the liberal order and the institutions of global governance created by, and arguably for, Pax Americana... Consistently bracing.” —Pankaj Mishra, London Review of Books “Moyn suggests that our current vocabularies of global justice—above all our belief in the emancipatory potential of human rights—need to be discarded if we are work to make our vastly unequal world more equal... [A] tour de force.” —Los Angeles Review of Books

Author: Bridget M. Hutter
Publisher: Edward Elgar Publishing
ISBN: 1785363808
Category : Law
Languages : en
Pages : 305

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Book Description
This insightful book considers how the law has adapted to the environmental challenges of the 21st Century and the ways in which it might be used to cope with environmental risks and uncertainties whilst promoting resilience and greater equality. These issues are considered in social context by contributors from different disciplines who examine some of the experiments tried in different parts of the world to govern the environment, improve the available legal tools and give voice to more diverse groups.

Author: Philippe Cullet
Publisher:
ISBN:
Category : Electronic book
Languages : en
Pages :

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Author: Robert Doyle Bullard
Publisher: Earthscan
ISBN: 1849771774
Category : Business & Economics
Languages : en
Pages : 360

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Book Description
Environmental activists and academics alike are realizing that a sustainable society must be a just one. Environmental degradation is almost always linked to questions of human equality and quality of life. Throughout the world, those segments of the population that have the least political power and are the most marginalized are selectively victimized by environmental crises. This book argues that social and environmental justice within and between nations should be an integral part of the policies and agreements that promote sustainable development. The book addresses the links between environmental quality and human equality and between sustainability and environmental justice.

Author: Shawkat Alam
Publisher:
ISBN: 9781316357118
Category : Environmental law
Languages : en
Pages :

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Book Description
"The unprecedented degradation of the planet's vital ecosystems is among the most pressing issues confronting the international community. Despite the proliferation of legal instruments to combat environmental problems, conflicts between rich and poor nations (the North-South divide) have compromised international environmental law, leading to deadlocks in environmental treaty negotiations and noncompliance with existing agreements. This volume examines both the historical origins of the North-South divide in European colonialism as well as its contemporary manifestations in a range of issues including food justice, energy justice, indigenous rights, trade, investment, extractive industries, human rights, land grabs, hazardous waste, and climate change. Born out of the recognition that global inequality and profligate consumerism present threats to a sustainable planet, this book makes a unique contribution to international environmental law by emphasizing the priorities and perspectives of the global South"--

Author: Ulrich Beyerlin
Publisher: Bloomsbury Publishing
ISBN: 1847317685
Category : Law
Languages : en
Pages : 457

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Book Description
International Environmental Law is a new textbook written for students, practitioners, and anyone interested in the subject. The overall aim of the book is to provide a fresh understanding of international environmental law as a whole, seen in the light of climate change, biodiversity loss, and the other serious environmental challenges facing the world. The book has also been kept deliberately manageable in size by careful selection of topics and by adopting a cross-cutting synthesis of regulatory interaction in the field. This enables the reader to place international environmental law in the broader context of public international law in general, revealing at the same time that international environmental law is experimental ground for developing new legal approaches towards global governance. To this end, the authors have combined theory and practice. Apart from discussing concepts, rule-making and compliance, the book looks at options for improved coordination, harmonisation and even integration of existing multilateral environmental agreements, analysing how conflicts between various environmental regimes can be avoided or, at least, adequately managed. The authors argue that an appropriate management of international environmental relations must address the North-South divide, which continues to be a major obstacle to global environmental cooperation. Furthermore, the authors emphasise the growing human rights dimension of international environmental law. This book is an ideal 'door opener' for the further study of international environmental law. Focusing on 'international environmental governance' in a comprehensive way, it serves to explain that each institution, each actor, and each instrument is part of a multi-dimensional process in international environmental law and relations.

Author: Sheila Foster
Publisher:
ISBN:
Category :
Languages : en
Pages : 26

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Book Description
This chapter explores efforts to address the unequal distribution of polluting facilities and other environmental hazard exposure through civil rights and environmental law. From the very beginning of the environmental justice movement, its advocates brought lawsuits in federal courts challenging the placement of polluting facilities and landfills as racially discriminatory. Almost uniformly these lawsuits failed, in large part due to the underlying shifts in anti discrimination jurisprudence over the last 30 years in which requirements of intent and causation became serious obstacles to proving discrimination. A parallel effort by advocates to incorporate anti discrimination norms into environmental regulation, using President Bill Clinton's Executive Order on environmental justice, met with some success. However, the application of the Order by environmental decision makers revealed how much in tension are the distributive equity aims animating environmental justice challenges and the narrow risk assessment framework that guides environmental regulation. This chapter suggests that one way to align these two frameworks -- to better integrate equality norms into environmental decision making -- is through the lens of vulnerability. From an equality standpoint, legal theorists have advanced vulnerability as an alternative to the limitations of anti discrimination law and as a more robust conception of the role of the state in protecting vulnerable populations. In the environmental context, social vulnerability analysis and metrics have long been employed to assess and address the ways that some subpopulations are more susceptible to the harms from climate change and environmental hazard events like hurricanes and floods. The use of vulnerability, either as a policy framework or as social science, has not been utilized much in the pollution context to capture the array of factors that shape the susceptibility of certain places and populations to disproportionate environmental hazard exposure. This limitation suggests that a fertile area of research is how to utilize vulnerability metrics in regulatory and legal analysis to better protect these populations and communities.