Tag Archives: development

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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Environmental Justice, Human Rights, and the Global South (C. G. Gonzalez)

Author(s)

Carmen G. Gonzalez

Keywords

human rights, right to a healthy environment, environmental justice, Third World Approaches to International Law, TWAIL, North-South divide, World Bank, International Monetary Fund, colonialism, development, transnational corporations, Maastricht principles, extraterritoriality

Abstract

From the Ogoni people devastated by oil drilling in Nigeria to the Inuit and other indigenous populations threatened by climate change, communities disparately burdened by environmental degradation are increasingly framing their demands for environmental justice in the language of environmental human rights. Domestic and international tribunals have concluded that failure to protect the environment violates a variety of human rights (including the rights to life, health, food, water, property, and privacy; the collective rights of indigenous peoples to their ancestral lands and resources; and the right to a healthy environment).

Some scholars have questioned the utility of the human rights framework given the diminished governance capacity of many Third World states due to decades of intervention by international financial institutions and restrictions imposed by trade and investment agreements. Others have expressed doubts about the ability of human rights law to adequately articulate and advance the aspirations and resistance strategies of diverse grassroots social justice movements, and have warned about the susceptibility of human rights law and discourse to co-optation by powerful states to advance their own economic and political interests (for example, through “humanitarian intervention” in Third World states).

This article examines the promise and the peril of environmental human rights as a means of challenging environmental injustice within nations as well as the North-South dimension of environmental injustice. Drawing a distinction between human rights discourse as a tool of popular mobilization and human rights law as codified in legal instruments and enforced by international institutions, the article examines some of the limitations of human rights law as an instrument of resistance to environmental injustice and offers several strategies to enhance its emancipatory potential.

Citation

(2015) 13 Santa Clara Journal of International Law 151

Paper

Environmental Justice, Human Rights, and the Global South

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Keynote Address: Indigenous Peoples and Global Climate Change: Intercultural Models of Climate Equality (R. Tsosie)

Author(s)

Rebecca Tsosie

Keywords

climate change, United States, tribal governance, human rights, Native Nations, development, environmental policy, energy development, decision-making

Abstract

This essay discusses the place of indigenous peoples within the politics of climate change. In the United States, contemporary policymakers understand federally-recognized Indian tribes as “domestic dependent nations.” In that capacity, tribal governments have the power to address many environmental issues arising on their reservation lands and impacting their members. At the level of international policy, Native Nations are designated as “indigenous peoples,” with a distinctive set of human rights related to their unique identity as land-based communities with longstanding cultural connections to their environments. Sometimes those two identities operate consistently, allowing Native Nations to preclude forms of energy development that threaten their lands, communities, and cultures, as the Navajo Nation did when it enacted the Dine Natural Resources Protection Act of 2005, which banned uranium mining within Navajo Indian Country. Sometimes, however, the identities may be in tension. For example, coal and oil extraction may benefit the economic interests of Native Nations which hold ownership interests in these resources, but may jeopardize the subsistence lifeways of other Native peoples who depend upon the integrity of their lands and waters, as well as the plants, animals and fish in those natural environments. In the era of climate change, these tensions are becoming particularly apparent, forcing Native peoples and policymakers to make difficult decisions about the optimal energy policies to guide the future. This essay compares the predominant model of decision-making, which uses a utilitarian cost-benefit analysis to construct the optimal policy to serve the interests of national and tribal governments in the present day, with the type of long-range thinking used by many land-based indigenous communities to promote sustainable use of lands and resources for several generations. The essay concludes that the current challenge of climate change poses an opportunity to transform our ways of thinking about environmental policy and energy development.

Citation

(2010) Journal of Environmental Law and Litigation 25 (1)

Paper

Keynote Address : Indigenous Peoples and Global Climate Change: Intercultural Models of Climate Equity

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Human Rights, Human Development, and the Right to a Healthy Environment: An Analytical Framework (M.J. Rogge)

Author(s)

Malcom James Rogge

Keywords

Human Rights, Development, Human Right to a Healthy Environment, Public Participation,

Abstract

This paper provides a framework for understanding the profound interrelationship of human rights, human development, and the right to a healthy environment. The author argues that concerted public action in environmental affairs is necessary for true advancement in human development, and for the broad attainment of the whole range of human rights in society. Human dignity consistent with the realization of human rights is only possible where steps are taken to protect the environments on which people depend for their basic needs. The author links the normative position implied in human rights theory to the practical and prescriptive ideas of human development. In conclusion, the author argues that improving environmental conditions goes hand in hand with improving levels of human development and in promoting human rights.

Citation

(2001) 22 Canadian Journal of Development Studies 33-50

Paper

Human Rights, Human Development, and the Right to a Healthy Environment: An Analytical Framework

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A Human Rights-Based Approach to Climate Change (M. Orellana)

Author(s)

Marcos A. Orellana

Keywords

Human rights, Climate Change, Training, Education, International Human Rights Law, Policy, Development, Adaptation, Mitigation, Capacity Building

Excerpt

Introduction

This paper explores human rights standards and mechanisms
relevant to addressing climate change, with a focus on human
rights training and education. It also discusses how climate change
policies and measures can affect a wide range of human rights
recognized by international human rights law. Additionally, this
paper analyzes how a human rights-based approach can help to
integrate human rights standards into climate change policy and
development cooperation to achieve effective and equitable implementation of human rights. Finally, it concludes that human rights training and education effectively contribute to the development of capacities, for both rights-holders and duty-bearers; ensure a basic understanding of human rights law; and, integrate human rights standards into climate change policy.

This paper first discusses the human rights-based approach to
development and climate change respectively. Next, it analyzes how
a wide range of human rights are affected by the physical impacts of
climate change as well as by adaptation and mitigation measures.
Then it will discuss the importance of the linkages between human
rights and climate change for the purposes of addressing human
rights violations caused by climate change; protecting the human
rights of vulnerable groups; and, facilitating international cooperation in protecting human rights from climate change. Finally, the paper concludes that human rights training and education can contribute to achieving the effective and equitable realization of human rights in the face of climatic uncertainties.

Citation

(2012) The Human Rights-Based Approach: A Field of Action for Human Rights Education, pp53-63 (Geneva: Cifedhop)

Paper

A Human Rights-Based Approach to Climate Change

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