Tag Archives: constitutional law

A Global Environmental Right (S. J. Turner)

Author

Stephen J. Turner

Keywords

Environmental Rights, Global Environmental Governance, Constitutional Law, Company Law, Trade Law, Non-State Actors, Climate Change Law

Abstract

The development of an international substantive environmental right on a global level has long been a contested issue. To a limited extent environmental rights have developed in a fragmented way through different legal regimes. This book examines the potential for the development of a global environmental right that would create legal duties for all types of decision-makers and provide the bedrock for a new system of international environmental governance. Taking a problem solving approach, the book seeks to demonstrate how straightforward and logical changes to the existing global legal architecture would address some of the fundamental root causes of environmental degradation. It puts forward a draft global environmental right that would integrate duties for both state and non-state actors within reformed systems of environmental governance and a rational framework for business and industry to adhere to in order that those systems could be made operational. It also examines the failures of the existing international climate change regime and explains how the draft global environmental right could remedy existing deficits.

Citation

(2014) A Global Environmental Right. Earthscan by Routledge.

Book

A Global Environmental Right

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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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The Inter-American System of Human Rights (I.K. Scott)

Author

Inara K. Scott

Keywords

Human Rights, Environmental Rights, Right to Life, Constitutional Law, International Law, Inter-American Court on Human Rights

Abstract

This article provides an overview of the jurisdiction and procedural framework of the Inter-American human rights system, and applies this jurisdictional framework to environmental disputes. The article examines the possibility of characterizing environmental rights as an extension of the right to life, and discusses recent developments in state constitutional law and international law that may prove influential to the Inter-American Court on Human Rights in discussing a natural right to a healthy environment. The article concludes by arguing that there are multiple ways the Inter-American system could address the environmental degradation problems facing Latin America.

Citation

(2000) 19 Virginia Environmental Law Journal 197

Paper

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