Category Archives: Globalisation

Should or Must?: Nature of the Obligation of States to Use Trade Instruments for the Advancement of Environmental, Labour, and Other Human Rights (S. J. Powell)

Author

Stephen J. Powell

Keywords

human rights, ethical obligations, legal quality, power, global harm principle, international law, accountability, human rights violations, transnational corporations, U.S. Alien Tort Statute

Abstract

This article examines whether customs, treaties, and historical facts have caused the ethical human rights obligations of economically powerful states to assume a legal quality. The author argues that the legal quality of these obligations may arise from the global harm principle of international law and human rights obligations found in treaties. As a consequence, states may be held accountable for the human rights violations of transnational corporations. Further, the author examines the possibility of pursuing claims under the U.S. Alien Tort Statute for torts committed in violation of international treaties as another avenue for enforcing human rights obligations.

Citation

(2007) Alberta Law Review 45 (2) pp. 443-56

Paper

Should or Must?: Nature of the Obligation of States to Use Trade Instruments for the Advancement of Environmental, Labour, and Other Human Rights

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Indigenous Peoples and the Environment: Convergence from a Nordic Perspective (L. Watters)

Author

Lawrence Watters

Keywords

indigenous rights, environment, legal systems, globalisation, internationalization, Sami, sovereignty

Abstract

Part I of the article introduces the larger picture and the process of transition in which indigenous peoples like the Sami are found. The discussion focuses on both the convergence of legal systems generally which influence the protection of indigenous peoples in international and domestic law and the concomitant impacts related to the concentration of new forces from trade, technology and communications, or, in a word, globalization. These dynamics, in concert with the ‘internationalization’ of the environment, have special consequences for indigenous peoples.

Part II considers the Sami heritage, prior to contemporary conflicts. The evolution of their status is highlighted with developments
in the law at the domestic level. Part III moves from the past, considering the topography of the protection for indigenous
peoples like the Sami in international conventions, emphasizing the emerging, shared perspective of states toward the special status
of indigenous peoples. This includes the process of change in traditional notions of sovereignity as states recognize new imperatives on behalf of the environment, culture and human rights. Part IV shifts from consideration of the larger framework to its
contemporary implementation in Norway concerning the Sami, natural resources and the environment. Part V examines the outcome of this process in a preliminary critique, assessing the implementation of the principles and standards for the protection of the Sami as well as the next stage in the resolution of issues relating to governance within the context of sovereignity and
self-determination.

Citation

(2002) UCLA Journal of Environmental Law and Policy 20 pp. 237-304

Paper

Indigenous Peoples and the Environment: Convergence from a Nordic Perspective

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The Contribution of International Rights Law to Environmental Protection, with Special Reference to Global Change (A. A. Cançado Trindade)

Author(s)

A.A. Cançado Trindade

Keywords

human rights, environmental protection, globalization, internationalization, temporal dimension, right to life, Ratio Legis, right to health, healthy environment, vulnerability, implementation, international refugee law

Abstract

I. The Growth of Human Rights Protection and Environmental Protection: From Internationalization to Globalization.

II. The Incidence of the Temporal Dimension in Environmental Protection and in Human Rights Protection.

III. The Fundamental Right to Life at the Basis of the Ratio Legis of International Human Rights Law and Environmental Law.

IV. The Right to Health as the Starting-Point towards the Right to a Healthy Environment.

V. The Right to a Healthy Environment as an Extension of the Right to Health.

VI. The Protection of Vulnerable Groups at the Confluence of International Human Rights Law and International Environmental Law.

VII. The Recognition of the Right to a Healthy Environment: The Concern for Environmental Protection in International Human Rights Instruments.

VIII. Concern for the Protection of Human Rights in the Realm of International Environmental Law.

IX. Concern for the Protection of the Environment in the Realm of International Humanitarian Law.

X. Protection of the Environment and International Refugee Law

XI. The Question of the Implementation (Mise en Oeurre) of the Right to a Healthy Environment.

XII. The Right to a Healthy Environment and the Absence of Restrictions in the Expansion of Human Rights Protection and Environmental Protection.

Citation

A.A. Cançado Trindade, ‘The Contribution of International Rights Law to Environmental Protection, with Special Reference to Global Change’ in: Environmental Change and International Law: New Challenges and Dimensions, Edith Brown Weiss ed. (The United Nations University, 1992)

Paper

The Contribution of International Rights Law to Environmental
Protection, with Special Reference to Global Change

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Climate justice: the claim of the past (S.J. Humphreys)

Author

Stephen. J. Humphreys

Keywords

Climate justice, rule of law, trade law, human rights, colonialism, globalization, Walter Benjamin

Abstract

This synthetic appraisal of the collection of papers in this issue argues that historical injustice saturates the problem of climate change. Those most vulnerable to climate change today are largely those who already lack resources – who have been on the wrong end of colonial history, or who have been globalization’s losers, or who have suffered neglect, exclusion or simple rapacity at the hands of their own governments. They are those who have benefitted little or not at all from a carbon-intensive global economy, but who have long suffered its side effects – resource stripping, food price spikes, impoverishment and now the ravages of climate change. Following the other authors in this issue – and examining human rights law, trade law and the overarching ideal of the rule of law – the paper notes that the particular form taken by law in international and transnational affairs, having largely followed the historical progress of industrialism, colonialism and globalization, is peculiarly ill-suited to the task of addressing this vulnerability.

Citation

(2014) 0 Journal of Human Rights and the Environment 134-148

Publication

Climate justice: the claim of the past

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Towards ‘climate justice’? A critical reflection on legal subjectivity and climate injustice: warning signals, patterned hierarchies, directions for future law and policy (A. Grear)

Author

Anna Grear

Keywords

Climate justice, climate injustice, co-option, critique, legal subjectivity, corporate juridical privilege, legal complicity, human rights, critical reflexivity

Abstract

The recent high-level emergence of ‘climate justice’ in the normative and policy discourse addressing the social and legal aspects of climate change is welcome. However, certain dangers of co-option face the concept as it gains institutional traction. Drawing on a critical theoretical reading of the patterns of climate injustice and their relationship with liberal legal subjectivity (and with the related themes of the politics of dis/embodiment, corporate juridical privilege, (neo)colonialism and the highly uneven structure of globalized world order), this article argues that ‘climate justice’ is more likely to sustain the necessary resistive critical energies if informed by critical legal reflection on historical and contemporary patterns of climate injustice, particularly as they emerge in relation to the privileged trope of liberal legal subjectivity and the juridical privileging of the corporate form. Future policy directions indicated by the analysis are briefly introduced.

Citation

(2014) 0 Journal of Human Rights and the Environment 103-133

Publication

Towards ‘climate justice’? A critical reflection on legal subjectivity and climate injustice: warning signals, patterned hierarchies, directions for future law and policy

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