Tag Archives: critique

Towards ‘climate justice’? A critical reflection on legal subjectivity and climate injustice: warning signals, patterned hierarchies, directions for future law and policy (A. Grear)

Author

Anna Grear

Keywords

Climate justice, climate injustice, co-option, critique, legal subjectivity, corporate juridical privilege, legal complicity, human rights, critical reflexivity

Abstract

The recent high-level emergence of ‘climate justice’ in the normative and policy discourse addressing the social and legal aspects of climate change is welcome. However, certain dangers of co-option face the concept as it gains institutional traction. Drawing on a critical theoretical reading of the patterns of climate injustice and their relationship with liberal legal subjectivity (and with the related themes of the politics of dis/embodiment, corporate juridical privilege, (neo)colonialism and the highly uneven structure of globalized world order), this article argues that ‘climate justice’ is more likely to sustain the necessary resistive critical energies if informed by critical legal reflection on historical and contemporary patterns of climate injustice, particularly as they emerge in relation to the privileged trope of liberal legal subjectivity and the juridical privileging of the corporate form. Future policy directions indicated by the analysis are briefly introduced.

Citation

(2014) 0 Journal of Human Rights and the Environment 103-133

Publication

Towards ‘climate justice’? A critical reflection on legal subjectivity and climate injustice: warning signals, patterned hierarchies, directions for future law and policy

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Beyond Eco-Imperialism: An Environmental Justice Critique of Free Trade (C.G. Gonzalez)

Author

Carmen G. Gonzalez ( Seattle University , USA )

Keywords

WTO, environmental justice, environmental law, international trade, development law

Abstract

The article contributes to the trade and environment literature by assessing the claim that industrialized country proposals to integrate environmental protection into the WTO trade regime constitute environmental imperialism – the imposition of industrialized country values and preferences on less powerful nations. This claim is usually based on two distinct premises. The first is that environmental protection is a luxury that poor countries can ill afford. The second is that wealthy countries have played a leadership role in the protection of the global environment. The article questions these assumptions. It argues that environmental protection is essential to well-being of the poor, and that wealthy countries have achieved economic prosperity by shifting environmental degradation to the global commons and to the developing world. The article re-defines environmental imperialism as the over-utilization of the world’s limited pool of natural resources and waste sinks. It concludes that the industrialized world has indeed engaged in environmental imperialism and that trade liberalization threatens to accelerate this process. Developing countries are therefore justified in asserting that environmental trade restrictions are hypocritical in light of developed countries’ failure to address their own far more ecologically damaging behavior. The article proposes several legal strategies designed to scale back industrialized countries’ over-consumption of the world’s resources and to support grassroots resistance to environmental degradation. The article calls for close scrutiny of proposals to reconcile trade and environment to make sure that they promote environmental justice and do not merely reinforce industrialized countries’ economic and political dominance.

Citation

(2001) 78 Denver University Law Review 981

Paper

Beyond Eco-Imperialism: An Environmental Justice Critique of Free Trade

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Human rights, property and the search for ‘worlds other’ (A. Grear)

Author

Anna Grear

Keywords

human rights, property, critique, ambivalence, exclusion v excludability, ‘worlds other’, environment, eco-humane subjectivities

Abstract

While some accounts of rights and property paradigms see property as an inherent incident of a colonizing form of human rights law and discourse, others draw out the contradictions between them, suggesting that human rights and property have opposing impulses towards inclusion and exclusion respectively. While not rejecting the insights of either of these positions, the author argues that a fundamental ambivalence lies at the heart of human rights law and discourse demonstrating both oppressive and emancipatory potential. This ambivalence is, the author argues, also internal to the Western property concept – a claim facilitating a renewed emphasis upon property’s inclusory potential as an institutional foundation for a more eco-humane and vulnerability-responsive ordering of legal relations.

Citation

(2013) 3/2 Journal of Human Rights and the Environment 173-195

Paper

Human rights, property and the search for ‘worlds other’

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Rights and property paradigms: challenging the dominant construct hegemony (K. Morrow and A. Grear)

Authors

Karen Morrow and Anna Grear

Keywords

rights, property, human rights, property paradigms, hegemony, critique

Abstract

The interrelationship of (human) rights and property paradigms raises particularly profound questions when played out in respect of environmental claims. It is therefore no surprise that contributions to this edition invoke ontological and epistemological concerns fundamental to the unsettled interface between the mutable richness of living spatial and socio-cultural ecologies and the abrupt reductionisms so often imposed upon them by law. At the same time it speaks of the power and dominance of property paradigms that even the most critical analyses tend to seek reformulation of property’s parameters rather than its abandonment.

Citation

(2012) 3/2 Journal of Human Rights and the Environment 169-172

Paper

Rights and property paradigms: challenging the dominant construct hegemony

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Rio+20: a critique – The global is personal: the personal is global (K. Morrow)

Author

Karen Morrow

Keywords

Rio, Rio+20, critique

Abstract

Following two decades on from the ground-breaking United Nations Conference on the Human Environment in Stockholm in 1972, the United Nations Conference on Environment and Development in Rio in 1992 promised much in terms of the maturing of international environmental law. Among its most significant achievements, which included reaching international agreements on climate change and biodiversity, was the launch of the supposedly paradigm shifting concept of sustainable development into international law and policy agendas and ultimately, our global consciousness. This development ostensibly represented an attempt to redraw the relationship between humanity and the environment on a more viable footing, recognizing the complex interplay between environmental, social and economic factors. Accordingly, the United Nations Conference on Sustainable Development (Rio+20) provided an ideal opportunity to take stock of progress – or the lack of it – in the intervening 20 years. What then was made of this opportunity?

Citation

(2013) 4/1 Journal of Human Rights and the Environment 1-5

Paper

Rio+20: a critique – The global is personal: the personal is global

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