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'Procedural Environmental Rights: Principle X in Theory and Practice' provides an overview of various aspects of the current status, development and practice of rights of access to information, public participation in decision-making and access to justice in environmental matters following their codification as non-binding principles in Principle X of the Rio Declaration.
Book Synopsis Procedural Environmental Rights by : Jerzy Jendrośka
Download or read book Procedural Environmental Rights written by Jerzy Jendrośka and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Procedural Environmental Rights: Principle X in Theory and Practice' provides an overview of various aspects of the current status, development and practice of rights of access to information, public participation in decision-making and access to justice in environmental matters following their codification as non-binding principles in Principle X of the Rio Declaration.
The interplay between procedure and substance has not been a major point of contention for international environmental lawyers. Arguably, the topic’s low profile is due to the mostly uncontroversial nature of the field’s distinction between procedural and substantive obligations. Furthermore, the vast majority of environmental law scholars and practitioners have tended to welcome the procedural features of multilateral environmental agreements and their potential to promote regime evolution and effectiveness. However, recent developments have served to put the spotlight on certain aspects of the procedure substance topic. ICJ judgments revealed ambiguity on aspects of the customary law framework on transboundary harm prevention that the field had thought largely settled. In turn, in the treaty context, the Paris Agreement’s retreat from binding emissions targets and its decisive turn towards procedure reignited concerns in some quarters over the “proceduralization” of international environmental law. The two developments invite a closer look at the respective roles of, and the relationship between, procedure and substance in this field and, more specifically, in the context of harm prevention under customary and treaty law.
Book Synopsis Procedure and Substance in International Environmental Law by : Jutta Brunnée
Download or read book Procedure and Substance in International Environmental Law written by Jutta Brunnée and published by BRILL. This book was released on 2021-02-22 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The interplay between procedure and substance has not been a major point of contention for international environmental lawyers. Arguably, the topic’s low profile is due to the mostly uncontroversial nature of the field’s distinction between procedural and substantive obligations. Furthermore, the vast majority of environmental law scholars and practitioners have tended to welcome the procedural features of multilateral environmental agreements and their potential to promote regime evolution and effectiveness. However, recent developments have served to put the spotlight on certain aspects of the procedure substance topic. ICJ judgments revealed ambiguity on aspects of the customary law framework on transboundary harm prevention that the field had thought largely settled. In turn, in the treaty context, the Paris Agreement’s retreat from binding emissions targets and its decisive turn towards procedure reignited concerns in some quarters over the “proceduralization” of international environmental law. The two developments invite a closer look at the respective roles of, and the relationship between, procedure and substance in this field and, more specifically, in the context of harm prevention under customary and treaty law.
This book examines the current status of environmental human rights at the international, regional, and national levels and provides a critical analysis of possible future developments in this area, particularly in the context of a changing climate. It examines various conceptualisations of environmental human rights, including procedural rights relating to the environment, constitutional environmental rights, the environmental dimensions of existing human rights such as the rights to water, health, food, housing and life, and the notion of a stand-alone human right to a healthy environment. The book addresses the topic from a variety of perspectives, drawing on underlying theories of human rights as well as a range of legal, political, and pragmatic considerations. It examines the scope of current human rights, particularly those enshrined in international and regional human rights law, to explore their application and enforceability in relation to environmental problems, identifying potential barriers to more effective implementation. It also analyses the rationale for constitutional recognition of environmental rights and considers the impact that this area of law has had, both in terms of achieving stronger environmental protection and environmental justice, as well as in influencing the development of human rights law more generally. The book identifies climate change as the key environmental challenge facing the global community, as well as a major cause of negative human rights impacts. It examines the contribution that environmental human rights might make to rights-based approaches to climate change.
Book Synopsis Environmental Human Rights and Climate Change by : Bridget Lewis
Download or read book Environmental Human Rights and Climate Change written by Bridget Lewis and published by Springer. This book was released on 2018-08-21 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the current status of environmental human rights at the international, regional, and national levels and provides a critical analysis of possible future developments in this area, particularly in the context of a changing climate. It examines various conceptualisations of environmental human rights, including procedural rights relating to the environment, constitutional environmental rights, the environmental dimensions of existing human rights such as the rights to water, health, food, housing and life, and the notion of a stand-alone human right to a healthy environment. The book addresses the topic from a variety of perspectives, drawing on underlying theories of human rights as well as a range of legal, political, and pragmatic considerations. It examines the scope of current human rights, particularly those enshrined in international and regional human rights law, to explore their application and enforceability in relation to environmental problems, identifying potential barriers to more effective implementation. It also analyses the rationale for constitutional recognition of environmental rights and considers the impact that this area of law has had, both in terms of achieving stronger environmental protection and environmental justice, as well as in influencing the development of human rights law more generally. The book identifies climate change as the key environmental challenge facing the global community, as well as a major cause of negative human rights impacts. It examines the contribution that environmental human rights might make to rights-based approaches to climate change.
A comprehensive and systematic guide to environmental rights and their relationship with standards of protection globally, nationally and locally.
Book Synopsis Environmental Rights by : Stephen J. Turner
Download or read book Environmental Rights written by Stephen J. Turner and published by Cambridge University Press. This book was released on 2019-05-23 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive and systematic guide to environmental rights and their relationship with standards of protection globally, nationally and locally.
This book shows why a fundamental right to an adequate environment ought to be provided in the constitution of any modern democratic state. It explains why the right to an environment adequate for one's health and well-being is a genuine human right and why it ought to be constitutionalised.
Book Synopsis Constitutional Environmental Rights by : Tim Hayward
Download or read book Constitutional Environmental Rights written by Tim Hayward and published by Oxford University Press. This book was released on 2005 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shows why a fundamental right to an adequate environment ought to be provided in the constitution of any modern democratic state. It explains why the right to an environment adequate for one's health and well-being is a genuine human right and why it ought to be constitutionalised.
The global trend toward the adoption of environmental rights within national constitutions has been largely regarded as a positive development for both human rights and the natural environment. The impact of constitutional environmental rights, however, has yet to be systematically assessed using empirical data. In particular, the expansion of procedural environmental rights -- legal provisions relating to access to information, participation, and justice in environmental matters -- provides fertile ground for analyzing how environmental rights directly interface with conditions necessary for a functioning democracy. In order to understand the extent to which these provisions deliver on their lofty aspirations, the authors conduct a quantitative analysis designed to evaluate the relationship between procedural environmental rights and environmental justice. The results demonstrate that states with procedural environmental rights are more likely than non-adopting states to facilitate the attainment of environmental justice, especially as it relates to access to information.
Book Synopsis Procedural Environmental Rights and Environmental Justice by : Joshua Chad Gellers
Download or read book Procedural Environmental Rights and Environmental Justice written by Joshua Chad Gellers and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The global trend toward the adoption of environmental rights within national constitutions has been largely regarded as a positive development for both human rights and the natural environment. The impact of constitutional environmental rights, however, has yet to be systematically assessed using empirical data. In particular, the expansion of procedural environmental rights -- legal provisions relating to access to information, participation, and justice in environmental matters -- provides fertile ground for analyzing how environmental rights directly interface with conditions necessary for a functioning democracy. In order to understand the extent to which these provisions deliver on their lofty aspirations, the authors conduct a quantitative analysis designed to evaluate the relationship between procedural environmental rights and environmental justice. The results demonstrate that states with procedural environmental rights are more likely than non-adopting states to facilitate the attainment of environmental justice, especially as it relates to access to information.
Giulia Parola’s Environmental Democracy at the Global Level: Rights and Duties for a New Citizenship can be seen as a manifesto that is both traditional and revolutionary at the same time. It calls for the construction of a new civilisation centred on the environment, while drawing on the traditional notions of democratic government. It adopts an approach that is focused on the power of individuals rather than governments, as ways to protect and improve the environment. It proposes that environmental rights and ecological duties are self-evident and inalienable, and should be treated as the cornerstones of a new democracy. Parola’s book is a thought provoking and intriguing work that will be of interest to scholars of environmental studies as well as to legal practitioners and non-specialists. Giulia Parola has studied Environmental Law at the University of Torino, at the University of René Descartes in Paris, (where she obtained PhD in Public Law) and at the University of Iceland ( LLM in Natural Resources Law and International Environmental Law). In 2011, she was appointed by the University of Laval (Canada, Quebec) as a researcher and a lecturer in Environmental Law.
Book Synopsis Environmental Democracy at the Global Level: by : Giulia Parola
Download or read book Environmental Democracy at the Global Level: written by Giulia Parola and published by Walter de Gruyter. This book was released on 2013-07-23 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Giulia Parola’s Environmental Democracy at the Global Level: Rights and Duties for a New Citizenship can be seen as a manifesto that is both traditional and revolutionary at the same time. It calls for the construction of a new civilisation centred on the environment, while drawing on the traditional notions of democratic government. It adopts an approach that is focused on the power of individuals rather than governments, as ways to protect and improve the environment. It proposes that environmental rights and ecological duties are self-evident and inalienable, and should be treated as the cornerstones of a new democracy. Parola’s book is a thought provoking and intriguing work that will be of interest to scholars of environmental studies as well as to legal practitioners and non-specialists. Giulia Parola has studied Environmental Law at the University of Torino, at the University of René Descartes in Paris, (where she obtained PhD in Public Law) and at the University of Iceland ( LLM in Natural Resources Law and International Environmental Law). In 2011, she was appointed by the University of Laval (Canada, Quebec) as a researcher and a lecturer in Environmental Law.
Environmental rights, also known as the human rights or constitutional rights that are used for the protection of the environment, have proliferated over the last forty-five years. However, the precise levels of protection that they represent has since been a major question associated with this phenomenon. Environmental Rights: The Development of Standards systematically investigates this question by analyzing the emerging standards of environmental protection that are associated with such rights and the way that those associations are becoming formalized. It covers all of the relevant human rights treaties to illustrate how environmental rights standards are emerging in this dynamic area. Bringing together an elite group of scholars, this book discusses significant new insights into the way that environmental rights are developing, the standards of protection that they confer, and the way that standards in the field of environmental rights can potentially be further developed in the future.
Book Synopsis Environmental Rights by : Stephen J. Turner
Download or read book Environmental Rights written by Stephen J. Turner and published by Cambridge University Press. This book was released on 2019-05-23 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental rights, also known as the human rights or constitutional rights that are used for the protection of the environment, have proliferated over the last forty-five years. However, the precise levels of protection that they represent has since been a major question associated with this phenomenon. Environmental Rights: The Development of Standards systematically investigates this question by analyzing the emerging standards of environmental protection that are associated with such rights and the way that those associations are becoming formalized. It covers all of the relevant human rights treaties to illustrate how environmental rights standards are emerging in this dynamic area. Bringing together an elite group of scholars, this book discusses significant new insights into the way that environmental rights are developing, the standards of protection that they confer, and the way that standards in the field of environmental rights can potentially be further developed in the future.
United Nations publication sales no. E.13.II.E.3"--Page 4 of cover.
Book Synopsis The Aarhus Convention by :
Download or read book The Aarhus Convention written by and published by . This book was released on 2014 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: United Nations publication sales no. E.13.II.E.3"--Page 4 of cover.
This title is available as an ebook only. Increasingly, environmental rights are being recognized as enforceable human rights, both substantive and procedural. Environmental law can no longer be viewed merely as a matter for policy choices in legislation. This new casebook shows how international and national court cases in Europe, Africa, Asia, and the Americas have begun to interpret treaties, national constitutions, and human rights legislation to protect the environment through the recognition of rights. For the first time, these rich developments are brought together in a book suitable as a primary text for classes and seminars.
Book Synopsis Human Rights and the Environment by : Svitlana Kravchenko
Download or read book Human Rights and the Environment written by Svitlana Kravchenko and published by . This book was released on 2008 with total page 680 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title is available as an ebook only. Increasingly, environmental rights are being recognized as enforceable human rights, both substantive and procedural. Environmental law can no longer be viewed merely as a matter for policy choices in legislation. This new casebook shows how international and national court cases in Europe, Africa, Asia, and the Americas have begun to interpret treaties, national constitutions, and human rights legislation to protect the environment through the recognition of rights. For the first time, these rich developments are brought together in a book suitable as a primary text for classes and seminars.
