Tag Archives: environmental rights

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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Pursuing Environmental Justice with International Human Rights and State Constitutions (Neil A. F. Popovic)

Author

Neil A.F. Popovic

Keywords

environmental justice, environmental rights, international human rights, state constitution, environmental racism, environmental degradation, poverty, social rights, environmental hazards, inequality, civil rights

Extract

I. Introduction

Notwithstanding the constitutional guarantee of equal protection of the law, environmental racism thrives in the United States. Its manifestations include toxic waste dumps on indigenous lands, hazardous industrial facilities in communities of color, lead paint in decrepit housing projects, and use of dangerous pesticides in industrial agriculture. Environmental racism feeds on and perpetuates the social, economic and political marginalization of low-income communities and communities of color. As such, environmental racism in the United States represents a serious blight on the country’s human rights record.

Discriminatory siting decisions for environmentally hazardous facilities and uneven enforcement decisions do not necessarily result from consciously racist policy choices. More likely, they issue from a political and social system that marginalizes the participation and concern of communities of color, often through ostensibly neutral criteria. The effect, however, is no less racist than overt discrimination.

The United States has a substantial body of both environmental and civil rights laws, but none of these laws addresses the link between racism and environmental quality. 2 At best, environmental laws can enhance protection of the environment while civil rights laws can facilitate the rectification of overt racial discrimination. Neither body of law, however, addresses the impact of environmental degradation on human communities, and neither deals specifically with environmental racism.

Citation

(1996) 15 Stanford Environmental Law Journal 338 pp. 344-47

Paper

Pursuing Environmental Justice with International Human Rights and State Constitutions

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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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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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