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Environmental Protection And Human Rights

Author: Donald K. Anton
Publisher: Cambridge University Press
ISBN: 1139498525
Size: 34.63 MB
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With unique scholarly analysis and practical discussion, this book provides a comprehensive introduction to the relationship between environmental protection and human rights being formalized into law in many legal systems. This book instructs on environmental techniques and procedures that assist in the protection of human rights. The text provides cogent guidance on a growing international jurisprudence on the promotion and protection of human rights in relation to the environment that has been developed by international and regional human rights bodies and tribunals. It explores a rich body of case law that continues to develop within states on the environmental dimension of the rights to life, to health, and to public participation and access to information. Five compelling contemporary case studies are included that implicate human rights and the environment, ranging from large dam projects to the creation of a new human right to a clean environment.

Balancing Human Rights Environmental Protection And International Trade

Author: Emily Reid
Publisher: Bloomsbury Publishing
ISBN: 1782252525
Size: 38.90 MB
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This book explores the means by which economic liberalisation can be reconciled with human rights and environmental protection in the regulation of international trade. It is primarily concerned with identifying the lessons the international community can learn, specifically in the context of the WTO, from decades of European Community and Union experience in facing this question. The book demonstrates first that it is possible to reconcile the pursuit of economic and non-economic interests, that the EU has found a mechanism by which to do so, and that the application of the principle of proportionality is fundamental to the realisation of this. It is argued that the EU approach can be characterised as a practical application of the principle of sustainable development. Secondly, from the analysis of the EU experience, this book identifies fundamental conditions crucial to achieving this 'reconciliation'. Thirdly, the book explores the implications of lessons from the EU experience for the international community. In so doing it assesses both the potential and limits of the existing international regulatory framework for such reconciliation. The book develops a deeper understanding of the inter-relationship between the legal regulation of economic and non-economic development, adding clarity to the debate in a controversial area. It argues that a more holistic approach to the consideration of 'development', encompassing economic and non-economic concerns - 'sustainable' development - is not only desirable in principle but realisable in practice.

Human Rights Approaches To Environmental Protection

Author: Alan E. Boyle
Publisher: Oxford University Press
ISBN: 0198267894
Size: 52.94 MB
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This collection of essays explores links between the environment and human rights, and responds to the growing debate among activists, lawyers, academics and policy-makers on the legal status of environmental rights in both international and domestic law, and on the proposals for a human right to a satisfactory environment. The collection is an original and timely contribution to the existing literature on this subject, and offers a sustained analysis which addresses both the conceptual and practical problems of environmental rights. The conceptual dimensions are particularly rich, raising fundamental questions concerning the human/environment relationship as well as more general issues regarding the form, content and limitations of international and domestic human rights law. The first part of the book deals mainly with the protection of the environment in international human rights law and EC law, while part two concentrates on problems and experience in developing countries, some of which have already incorporated environmental rights and international constitutional law and from which a growing jurisprudence has emerged. This is where at present human rights approaches seem to be of greatest value. Each chapter is written by an author well qualified in the field. The volume will have a wide appeal to anyone interested in environmental law and human rights.

Linking Human Rights And The Environment

Author: Romina Picolotti
Publisher: University of Arizona Press
ISBN: 9780816529346
Size: 26.68 MB
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Es un libro de consulta valiosa que explora el territorio desconocido que hay entre la legislación ambiental y de los derechos humanos. Más que un tratado teórico, se argumenta que el activismo de los derechos humanos representa una oportunidad importante para hacer frente a las consecuencias humanas de la degradación del medio ambiente y puede servir como un catalizador de ideas y acciones inspiradoras en el mundo real -- Contraportada.

Environment Human Rights And International Trade

Author: Francesco Francioni
Publisher: Hart Publishing
ISBN: 1841132179
Size: 67.12 MB
Format: PDF
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After the completion of the Uruguay Round and the adoption of the 1994 agreement establishing the WTO,the place of international trade in the context of the international legal order has radically changed. International trade law has become a subject of wide-spread interest, cutting across traditional boundaries, and engaging diverse political and legal concerns. One consquence of this development is increasing concern with the legitimacy of the WTO process, which in turn has led to the WTO becoming the focus of rancorous protest by, among others, environmental NGOs, trade unions, and human rights activists.This collection of essays by leading scholars and lawyers engaged in the policy-making process, addresses the underlying tensions and dilemmas of the WTO process and its impact upon the environment and human rights in particular. The contributors search for a balance between, on the one hand, legitimate free trade interests and, on the other, the role and limits of unilateral measures as an instrument to protect non-commercial values. The essays thus range over a host of topical questions including: trade in GMOs, biosafety in intellectual property rights, technology transfer and environmental protection, trade and labour rights, child labour standards, the EU and WTO, MERCOSUR, and many other topics.The contributors include: Thomas Schoenbaum, Andrea Bianchi, Chris McCrudden, Michael Spence, Sarah Cleveland, Patricia Hansen, Riccardo Pavoni, and Francesco Francioni.

Environmental Protection And The European Convention On Human Rights

Author: Daniel I. García San José
Publisher: Council of Europe
ISBN: 9287156980
Size: 14.28 MB
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Recent years have seen a growing awareness of the environment as something to be protected, rather than taken for granted. But is there a "human right to the environment"? The European Convention on Human Rights and additional protocols do not cover any environmental rights or any interest in the preservation of the environment. Nevertheless, as the European Court has said, the Convention is a "living instrument", which has shown itself capable of adapting with the times; and today, some analysts see in the Court's case law a tendency to interpret certain provisions of the Convention as affording at least a degree of environmental protection. In this study, Daniel Garcâa San Josâ surveys the relevant case law, and examines the dualistic approach of judicial activism and self-restraint which has guided the decisions in this area. He concludes that there is no creation of a new right, but an evolving perception of the environmental dimension of some Convention provisions.

The Environmental Rights Revolution

Author: David R. Boyd
Publisher: UBC Press
ISBN: 0774821639
Size: 26.92 MB
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The right to a healthy environment has been the subject of extensive philosophical debates that revolve around the question: Should rights to clean air, water, and soil be entrenched in law? David Boyd answers this by moving beyond theoretical debates to measure the practical effects of enshrining the right in constitutions. His pioneering analysis of 193 constitutions and the laws and court decisions of more than 100 nations in Europe, Latin America, Asia, and Africa reveals a positive correlation between constitutional protection and stronger environmental laws, smaller ecological footprints, superior environmental performance, and improved quality of life.

Property And Environmental Protection In Europe

Author: Gerd Winter
ISBN: 9789089521675
Size: 37.67 MB
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Imagine a factory that pollutes the air. If the government closes it down, can the operator allege undue encroachment on his property? If the government remains inactive, can the neighboring farmer demand that his/her property must be protected? These two questions point to two dimensions of the interrelation between environmental concerns and property interests. Property is either used as a barrier to or as a quest for environmental protection. This book examines how the weighing up of property and environmental protection interests is determined by law. It discusses solutions found in the EU and in the Member States, looking both at regulatory and constitutional law. It is based on national reports, guided by a common list of questions. The book's crosscutting contributions highlight commonalities and differences, with a view to develop a European ius commune. This is framed by an analysis of the pertinent jurisdictions of the European Court of Human Rights, the Court of Justice of the EU, and Investor-State Arbitration. *** Librarians: ebook available on ProQuest and EBSCO (Series: The Avosetta Series - Vol. 12) [Subject: EU Law, Environmental Law, Property Law, Comparative Law, Constitutional Law]

Research Handbook On Human Rights And The Environment

Author: Anna Grear
Publisher: Edward Elgar Publishing
ISBN: 1782544437
Size: 66.54 MB
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Bringing together leading international scholars in the field, this Research Handbook interrogates, from various angles and positions, the fractious relationship between human rights and the environment and between human rights and environmental law.