Workers’ Rights and Pollution Control in Delhi (K.D. Alley & D. Meadows)

Authors K.D. Alley & D. Meadows Keywords Human Rights, Environmental Rights, Constitutional Law, India, Right to a Clean Environment, Pollution Abstract Within India’s judicial interpretation of constitutional rights there exists a close link between environmental values and human rights. Yet in some instances court cases defending the right to a clean environment have actually jeopardized […]

Gas Flaring, Environmental Corporate Responsibility and the Right to a Healthy Environment: The Case of the Niger Delta (B.E. Umukoro)

Author Brown E. Umukoro Keywords Human Rights, Environmental Rights, Right to Life, Constitutional Law, Nigeria, Oil, Public Policy Extract Introduction […] In this chapter, we thus discuss the national legal framework for the continuation of gas flaring in Nigeria, the advancement of the concept of threat to right to life to include harmful activities of […]

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 […]

Climate Change Adaptation and the Structural Transformation of Environmental Law (J. B. Ruhl)

Author(s) J. B. Ruhl Keywords climate change, environmental law, greenhouse gas emissions, adaptation, mitigation, policy, pollution, land law, decision methods, regulation, conciliation Abstract The path of environmental law has come to a cliff called climate change, and there is no turning around. As climate change policy dialogue emerged in the 1990s, however, the perceived urgency […]

Human Rights and Environmental Regulation (R. M. Bratspies)

Author(s) Rebecca M. Bratspies Keywords environment, regulation, BP Oil Spill, United States, US, legal obligations, participations, fairness, accountability, legitimacy Abstract Because environmental regulators exercise vast discretion against a background of scientific uncertainty, the background assumptions they use to guide their decisionmaking are particularly influential. This article suggests that were federal regulators to view themselves as […]