Tag Archives: environmental protection

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 Roots of Influence: Nongovernmental Organizations and the Relationship Between Human Rights and the Environment (C. Tracy)

Author

Christopher Tracy

Keywords

NGOs, non-governmental organisations, human rights, environment, dignity, future generations, indigenous right, environmental protection, Rio, legitimacy, international relations

Extract

“Part I of this Article will address the history and development of NGOs. Particular attention will be given to the rationale espoused by various NGOs for their participation in certain global concerns or activities. The connections between human rights and environment NGOs will be discussed, as will the reason for this connection – namely, a “dignity” concern for living human beings, the living plant, those yet to be born and the future of this world. This connection between human rights and environmental organizations is most evident in the protection of indigenous peoples and their traditional lands.

Part II will continue the discussion by examining links between human rights and the environmental in international instruments. Although, there have been numerous connections made in previous human rights and environmental documents, the focus here will be on the developments made in Rio.

Part III will examine the tensions arising out of attempts to prioritize when human rights and environment concerns are to be addressed […]

Part IV will suggest that the NGOs’ diverse participation should continue well into the future before any major prioritization will have to occur. […]

This discussion will conclude with the suggestion that NGO involvement in the international regime will continue to grow and, as it does, a balance must be sought between legitimacy in action and vitality in mission” (pp. 24-25)

Citation

(1994) Journal of International Law and Practice 3 pp. 21-46

Paper

The Roots of Influence: Nongovernmental Organizations and the Relationship Between Human Rights and the Environment

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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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Adverse Effects of the Illicit Movement and Dumping of Hazardous, Toxic, and Dangerous Wastes and Products on the Enjoyment of Human Rights (C. U. Gwam)

Author(s)

Cyril Uchenna Gwam

Keywords

toxic waste, developing countries, development, human rights, UN Commission on Human Rights, environmental destruction, environmental protection

Excerpt

“Introduction

This Article discusses the adverse effects of the illicit movement and dumping of hazardous, toxic, and dangerous wastes and products in developing countries, and the effect of such activities on the enjoyment of human rights, solely from the perspective of the resolutions of the U.N. Commission on Human Rights (CHR). The most prominent international instrument of this kind is the U.N. 1989 Basel Convention, to which other relevant human rights resolutions have made reference. In view of its prominence and importance, this Article analyzes the Basel Convention without losing its focus on human rights. […]” (428-9)

Citation

(2002) Florida Journal of International Law 14 Spring. pp. 427-74.

Paper

Adverse Effects of the Illicit Movement and Dumping of Hazardous, Toxic, and Dangerous Wastes and Products on the Enjoyment of Human Rights

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The Rights of the Nonhuman World (M. A. Warren)

Author(s)

Mary Anne Warren

Keywords

Environmental ethics, Environmental protection, Human ecology, Nonhuman world, rights

Abstract

None available.

Citation

R. Elliot and A. Gare, eds. 1983. Environmental Philosophy: A Collection of Readings. pp. 109-134

Book

Environmental Philosophy: A Collection of Readings

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