Robert R Kuehn
Environmental justice, environmental law, distributive justice, social justice
Environmental justice disputes arise at the international, national and local levels. Disputes at the international level include allegations that multi-national corporations are exploiting indigenous peoples and the impoverished conditions of developing nations. At the national level, although an overwhelming number of studies show disparate impacts on peoples of color and lower-incomes, debate continues about the strength of that evidence and the appropriate political and legal responses to such disparities. At the local level, many people of color and lower-income communities believe they have not been treated fairly regarding the distribution of the benefits and burdens of environmental protection.
Over the past decade during which communities, academics, regulated firms, and government officials have struggled with these issues of the relationship of environmental quality to race and class, the quest to explain the problems underlying environmental justice disputes has resulted in the use of varying terminology and definitions. To better understand the essence and breadth of environmental justice concerns, this article sets forth a four-part categorization of environmental justice issues: 1) distributive justice; 2) procedural justice; 3) corrective justice; and 4) social justice. This taxonomy offers a method of collapsing the seemingly broad scope of environmental justice and identifying common causes of and solutions to environmental injustice.
(2000) 30 Environmental Law Reporter 10681
A Taxonomy of Environmental Justice
Renu Pariyadath, Reena Shadaan
Bhopal, Environmental Justice, India, Solidarity, Transnational Environmental Justice Movement
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
(2014) 7(5) Environmental Justice 146-150
Solidarity after Bhopal: Building a Transnational Environmental Justice Movement
Development, Environment, Human Rights, Sustainable Development
Environmental protection and human rights are interrelated, interconnected, and mutually responsive as both of them intended to the well-being of humanity. Safe and healthy environment is the pre-condition for the enjoyment of fundamental human rights. The linkage between these two approaches has recognised in various international and regional instruments, resolutions of the UN subsidiary organization, the outcome documents of international conferences, and the judicial pronouncement of tribunals, which consider the human rights framework as an effective means to achieving the ends of environment protection. Despite the evident relationship between these two, human rights violations and environmental degradation have been treated by most organizations, governments and even academia as unrelated issues. Environmentalists have tended to focus primarily on natural resource preservation without addressing human impacts of environmental abuse. A state of natural imbalance has been developed by many human-centric activities such as the industrialization, urbanization and the large scale exploitation of natural resources damaging the environment led to many serious repercussions on a large scale including Global Warming, drought, flood, environmental Refugees and migration, health issue, Ozone Depletion. Such issues involves not only environmental factors but other factors as well i.e. political, social, economic factors which requires the integration of both approaches to tackle the issues more holistically. The result of looking these two approaches separately is that the victims of environmental degradation are unprotected by the laws and mechanisms established to address human rights abuses. Linking human rights with the environment creates a rights-based approach to environmental protection that places the people harmed by environmental degradation at its center. Articulating the fundamental rights of peoples with respect to the environment creates the opportunity to secure those rights through human rights bodies in an international forum as well as the national tribunals. In this regard, the contribution made by the Indian judiciary for the protection of environment and to provide remedies to the victim of environmental harm by applying the right based approach to environmental protection is a clear example of how the framework of human rights can contribute in the protection of environment and the very existence of the humanity. The concept of sustainable development is very well served to interlink these approaches as it comprising three interrelated dimensions: environmental, economic and social. The present study is intended to describe the interlink between environmental protection and human rights approaches by analyzing instruments, initiatives taken by environmental and human rights bodies and the judicial pronouncement of various tribunals. Further it also evaluates how far the mechanism of human rights is helpful to provide remedies to the victim of environmental degradation and to provide better protection to the global environment
P. Pathak, Human Rights Approach to Environmental Protection (2014) Vol. 07, No. 01, OIDA International Journal of Sustainable Development, pp. 17-24
Human Rights Approach to Environmental Protection