Tag Archives: conservation

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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Indigenous Rights Entwined with Nature Conservation (E. Desmet)

Author(s)

Ellen Desmet

Keywords

indigenous rights, conservation, biodiversity

Abstract

Heightened public awareness of the ever increasing loss of biodiversity has led to louder calls for effective nature conservation efforts. Most remaining biodiversity-rich areas are inhabited or used by indigenous peoples and local communities. In recent years a new ‘paradigm’ of ‘nature conservation with respect for the rights of indigenous peoples and local communities’ has emerged. Two questions arise: What exactly does this policy shift mean in terms of international human rights law? And how has this new paradigm been translated and applied at the national and local level?

This study investigates how nature conservation initiatives interact with the rights of indigenous peoples and local communities from a human rights and legal anthropological perspective. The book is distinctive in that it provides a comprehensive review of international human rights law in the context of nature conservation; a critical appraisal of Peruvian nature conservation legislation in relation to the rights of indigenous peoples and local communities; and a thorough analysis of the interaction between three levels of regulation: the international level of human rights, the national level of Peru, and the local level of a specific protected area (the Güeppí Reserved Zone). It is based on extensive field work.

Citation

(2011) Intersentia

Paper

Indigenous Rights Entwined with Nature Conservation 

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Conservation-induced Displacement: Recent Perspectives from India (G. Shahabuddin, P.L. Bhamidipati)

Authors

Ghazala Shahabuddin and Padmasai Lakshmi Bhamidipati

Keywords

Conservation, Displacement, India

Abstract

Environmental Justice is the essential peer-reviewed journal that explores the equitable treatment of all people, especially minority and low-income populations, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies. Published bimonthly

Citation

(2014) 7(5) Environmental Justice 122-129

Paper

Conservation-induced Displacement: Recent Perspectives from India

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Human Rights, Environment and Development: With Special Emphasis on Corporate Accountability (A. Dias)

Author(s)

Ayesha Dias

Keywords

human rights, environment, development, corporate accountability, policy, praxis, poverty, environmental protection, conservation, sustainable human development

Abstract

This paper is in two parts addressing interrelated topics which merit separate scrutiny as well. Part I focuses on the interrelationships between human rights, environment and development. In doing so, the paper is less motivated by philosophical and academic concerns. Rather, it is motivated by concerns of policy and praxis. Environmental degradation is all too often resulting in serious human rights violations. Poverty and failure to realize basic human rights are placing the environment under severe stress. Development can serve as a key vehicle for promoting realization of human rights and protecting the environment. However, all too often, unsustainable development practices are themselves proving to be a main source of human rights violations and environmental degradation. Hence the paper strives to enhance the complementary relationship between promoting and protecting human rights; conserving, protecting and rehabilitating the environment; and achieving sustainable human development.

Citation

Ayesha Dias, Human Rights, Environment and Development: With Special Emphasis on Corporate Accountability (UNDP, 2000)

Paper

Human Rights, Environment and Development: With Special Emphasis on Corporate Accountability

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