Category Archives: Justice

Justice, Equity and Benefit-Sharing under the Nagoya Protocol to the Convention on Biological Diversity (E. Morgera)

Author

Elisa Morgera

Keywords

benefit-sharing, biodiversity, equity, justice, Nagoya Protocol, mutual supportiveness, indigenous peoples

Abstract

This article attempts to bridge the multi-disciplinary debate on environmental justice and the traditional international legal debate on equity with a view to analysing the legal concept of fair and equitable benefit-sharing in international law. To that end, the article uses the Nagoya Protocol to the Convention on Biological Diversity as a testing ground for: i) unpacking different notions of justice that may be pursued through fair and equitable benefit-sharing from access to genetic resources and the use of associated traditional knowledge, and ii) relating different notions of justice to the different functions that equity plays in international law. The aim is to test the potential wider application, in other areas of international law that refer to benefit-sharing, of linking a pluralist notion of environmental justice to different functions of equity. It is argued that this helps systematically unveil implicit legal design choices in relation to the pursuit of justice through international law-making, and interpret international legal instruments in ways that can contribute to negotiate concrete understandings of justice on a case-by-case basis.

Citation

Edinburgh School of Law Research Paper No. 2015/16

Paper

Justice, Equity and Benefit-Sharing under the Nagoya Protocol to the Convention on Biological Diversity

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Good Environmental Governance: Some Trends in the South Asian Region (P. Hassan)

Author(s)

Parvez Hassan

Keywords

environmental governance, South Asia, legacy of colonialism, constitutional provisions, judiciary, environmental rights, environmental protection

Abstract

This paper covers important trends toward good environmental governance in the South Asia region comprising India, Pakistan, Bangladesh, Sri Lanka, Nepal, Bhutan, and the Maldives. The region is home to over 1.6 billion people constituting about a quarter of the total global population. Much of the region is bound by a common history of British colonialism and generally inherited its legacy of the rule of law. Following the example of India, many countries in the region adopted written Constitutions after their independence. A common feature of some of these Constitutions is the elaborate formulation of fundamental rights including the rights to life, liberty, religion, association and speech that are ‘justiciable’; that is, enforceable through the judiciary. This combination of constitutional provisions and judiciary-enforced actions has provided the basic structure for good environmental governance in the region. It is a unique story where the region’s judiciaries have played a pioneering role to promote and protect environmental rights.

Citation

(2001) 6(1) Asia Pacific Journal of Environmental Law 1.

Paper

Good Environmental Governance: Some Trends in the South Asian Region

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Our Rights and Obligations to Future Generations for the Environment (E. B. Weiss)

Author(s)

Edith Brown Weiss

Keywords

environmental destruction, desecration, natural resources, future generations, duties, obligations, inter-generational justice

Introduction

We read every day about the desecration of our environment and the mismanagement of our natural resources. We have always had the capacity to wreck the environment on a small or even regional scale. Centuries of irrigation without adequate drainage in ancient times converted large areas of the fertile Tigris-Euphrates valley into barren desert. What is new is that we now have the power to change our global environment irreversibly, with profoundly damaging effects on the robustness and integrity of the planet and the heritage that we pass to future generation.

Citation

(1990) 84 American Journal of International Law 198

Paper

Our Rights and Obligations to Future Generations for the Environment

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Research Handbook on Human Rights and the Environment (A. Grear and L.J. Kotzé eds)

Editor

Anna Grear and Louis J. Kotzé

Keywords

Human rights, environment, epistemology, Ecological Subjectivities, natural law, United Nations, Australasia, New Zealand, environmental justice, Inter-American Court of Human Rights, Aarhus, climate displacement, North-South, ecosystem services

Abstract

Bringing together leading international scholars in the field, this authoritative Handbook combines critical and doctrinal scholarship to illuminate some of the challenging tensions in the legal relationships between humans and the environment, and human rights and environment law.

The accomplished contributors provide researchers and students with a rich source of reflection and engagement with the topic. Split into five parts, the book covers epistemologies, core values and closures, constitutionalisms, universalisms and regionalisms, with a final concluding section exploring major challenges and alternative futures.

An essential resource for students and scholars of human rights law, the volume will also be of significant interest to those in the fields of environmental and constitutional law.

Citation

(2015) Edward Elgar

Book

Research Handbook on Human Rights and the Environment

 

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The Right to Know and the Duty to Disclose: Pathways to Effective Monitoring, Reporting, and Verification Within the Constitutionalism of Climate Justice (T. Thorp)

Author

Teresa Thorp

Keywords

Right to Information, Human Rights, Environmental Law, Equity, International Law

Abstract

The Article is in two parts. Part one examines the dynamic interactions between the right to information, human rights, and environmental law from an objective perspective. It situates monitoring, reporting, and verification (MRV) within a new architecture of human rights as “people’s rights.” Part two then delves into how international human rights and environmental law may inform a “subjective” test of equity by mobilizing the “right to information” in international climate law. In doing so, it shows how a new approach to international legal architecture, one based on “people’s rights,” may help to improve the effectiveness of MRV in terms of multi-nodal and multi-level governance.

Citation

(2012) 30 Pace Environmental Law Review 140

Paper

The Right to Know and the Duty to Disclose: Pathways to Effective Monitoring, Reporting, and Verification Within the Constitutionalism of Climate Justice

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