All posts by Helena

An Environmental Rights Amendment: Good Message, Bad Idea (J. B. Ruhl)

Author(s)

J.B. Ruhl

Keywords

Constitutional law, United States constitution, environmental law, right to clean and healthy environment, rights of future generations, natural resources, national natural resources, constitutional amendment

Extract

“After having lain dormant for almost twenty years, proposals for an amendment to the United States Constitution that would elevate environmental protection to the status of a fundamental right are on the rise. Since 1990, several such measures have been offered by groups as diverse as New Jersey fifth graders and well-funded environmental preservation organizations. Now, led by concerned members of thirty-seven state legislatures, a politically viable initiative is fully underway to have such a resolution introduced in Congress. See Richard L. Brodsky and Richard L. Russman, A Constitutional Initiative, Defenders, Fall 1996, at 37. The proposed language of their environmental rights amendment declares:

The natural resources of the nation are the heritage of present and future generations. The right of each person to clean and healthful air and water, and to the protection of other natural resources of the nation, shall not be infringed by any person.

These two sentences, faithful to the constitutional tradition of conciseness, express an elegant message of national commitment to environmental protection and to a future of environmental sustainability. But what a terrible idea it is to embody that message in the form of an amendment to the Constitution” (46).

Citation

(1996-1997) 11 Natural Resources & Environment pp. 46-49

Paper

An Environmental Rights Amendment: Good Message, Bad Idea

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The Metrics of Constitutional Amendments: And Why Proposed Constitutional Amendments Don’t Add Up (J. B. Ruhl)

Author(s)

J.B. Ruhl

Keywords

constitutional law, environmental law, environmental rights, rights to environmental quality, policy, politics, environmental policy, United States Constitution

Abstract

None Available

Citation

(1999) 74 Notre Dame Law Review 245

Paper

The Metrics of Constitutional Amendments: And Why Proposed Constitutional Amendments Don’t Add Up

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Constitutionalizing the Environment: The History and Future of Montana’s Environmental Provisions (B. Thompson)

Author

Barton H. Thompson Jr.

Keywords

environmental provisions, Montana, constitutional law, environmental rights, environmentalism, policy, environmental law

Extract

Part I of this Article provides general background on environmental policy provisions in state constitutions, including the Montana Constitution. Part I also includes an overview of how the Montana Supreme Court has interpreted the Montana provisions to date. Part II then examines how environmental
groups and interested citizens may try to use the environmental provisions in future cases and asks the tough questions that the Montana Supreme Court will need to face in those cases. With both the opportunities and problems of “constitutionalizing” the environment in mind, Part III briefly concludes by reconsidering the fundamental wisdom of including self-executing environmental policy provisions in a state constitution.

Citation

(2003) 64 Montana Law Review 157

Paper

Constitutionalizing the Environment: The History and Future of Montana’s Environmental Provisions

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Constitutional Codification of an Environmental Ethic (J. C. Tucker)

Author

John C. Tucker

Keywords

constitutional provisions, environmental ethics, Florida, environmental rights, environmental protection, conservation

Abstract

This Article examines the legal, political, and societal significance of environmental constitutional provisions. Part II of this Article briefly traces the evolution of a societal environmental ethic. Part IIl examines environmental provisions in state and national constitutions, and draws comparisons to Florida’s constitution. Part IV evaluates the significance of environmental provisions in constitutions. Part V explores future trends. The Article concludes that while in many instances constitutional authority is not legally necessary, it is important because it reflects societal
recognition of the importance of the environment. Further, it may be necessary to force political action in certain intractable situations.

Citation

(2000) 52 Florida Law Review 299

Paper

Constitutional Codification of an Environmental Ethic

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The Need for an Interdisciplinary Approach to Norm Diffusion: The Case of Fair and Equitable Benefit-sharing (L. Parks and E. Morgera)

Authors

Louisa Parks and Elisa Morgera

Keywords

benefit-sharing, international law, environmental law, human rights law, human rights, oceans law, regulation, national law, regional law, indigenous peoples, local communities, norm diffusion, scholarship, conservation, sustainability, natural resources, power asymmetry

Abstract

No systematic study discusses the evolution of fair and equitable benefit-sharing across various areas of international law (environment, human rights, oceans), as well as at different levels of regulation (regional and national laws and guidelines, private law contracts, transboundary codes of conduct, customary laws of indigenous peoples and local communities). This article explores the usefulness of an interdisciplinary approach to the study of norm diffusion for understanding how and why fair and equitable benefit-sharing is articulated in different sites. The article discusses mechanisms, actors and frames in norm diffusion, drawing on literature from sociology, international relations and law. The article uncovers underlying similarities in scholarship on norm diffusion across the disciplines considered. It also reflects on the value of an interdisciplinary approach that encourages legal scholars to consider the implications of power structures in the diffusion of law, while the nuances of legal knowledge may lead other social scientists to revisit accepted findings on norm diffusion. These findings appear particularly useful for informing an assessment of the potential of fair and equitable benefit-sharing to promote the conservation and sustainable use of natural resources in a fair and equitable manner in the face of power asymmetries.

Citation

(2015) 24:3 Review of European, Comparative and International Environmental Law 353-367

Paper

The Need for an Interdisciplinary Approach to Norm Diffusion: The Case of Fair and Equitable Benefit-sharing

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