Tag Archives: ecosystems

No Need to Reinvent the Wheel for a Human Rights-Based Approach to Tackling Climate Change: The Contribution of International Biodiversity Law (E. Morgera)

Author(s)

Elisa Morgera

Keywords

human rights, biodiversity law, climate change, livelihood, ecosystems, mitigation, adaptation, international law, international biodiversity regime, international climate change regime, implementation

Abstract

This chapter provides a systematic analysis of the ways in which international biodiversity law contributes to the fight against climate change by assessing and preventing the negative impacts on biodiversity and community livelihoods of measures to address climate change (‘response measures’), and adopting the ecosystem approach to climate change mitigation and adaptation. In highlighting readily available legal avenues for ensuring the mutual supportiveness of the international biodiversity regime and the international climate change regime, the chapter argues that positive interaction between the two regimes can promote a human rights-based approach to the development of the international climate change regime and its implementation at the national level.

Citation

(2013) 21 IUS Gentium 359

Paper

No Need to Reinvent the Wheel for a Human Rights-Based Approach to Tackling Climate Change: The Contribution of International Biodiversity Law

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Payment for ‘ecosystem services’ and the ‘green economy’: green-washing or something new? (K. Wilkinson)

Author

Kate Wilkinson

Keywords

ecofeminism, green economy, payment for ecosystem services, ecosystems, environment, capitalism, free market, economics, REDDES, REDD+, UNFCCC, ITTO, forests, natural resources, gender, participation

Abstract

Using an ecofeminist critical analysis, this paper examines the extent to which two forest-related ‘payments for ecosystem services’ (PES) schemes maintain a mainstream anti-nature and exploitative conceptualization of human/nature relationships. It does so by integrating various ecofeminist themes to analyse the two PES schemes and to assess the extent to which they can protect women and nature while marketizing and commodifying the environment. The author examines the justifications for integrating PES into a green economy, including the proposed benefits resulting from the implementation of PES, and safeguards ensuring the inclusion and participation of local communities. The author concludes that an ecofeminist examination highlights the inherently exploitative nature of PES and its continuation of the currently exploitative free market paradigm.

Citation

(2014) 5/2 Journal of Human Rights and the Environment 168-191

Paper

Payment for ‘ecosystem services’ and the ‘green economy’: green-washing or something new?

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Environmental Rights and International Peace: Protections of Biological and Cultural Diversity: Emerging Recognition of Local Community Rights in Ecosystems Under International Environmental Law (L. P. Breckenridge)

Author(s)

Lee. P. Breckenridge

Keywords

United Nations, UN, environmental protection, development, international policies, biological diversity, ecosystems, international peace, cultural diversity, local communities, community rights

Abstract

INTRODUCTION

The United Nations Conference on Environment and Development (UNCED) held in Rio de Janeiro in June 1992 forged a new consensus on international environmental policies to protect the world’s biological diversity and its most fragile ecosystems. The documents produced by UNCED (the Rio Declaration, 1Agenda 21, 2 and the Forest Principles 3 ) and the two conventions opened for signature at the conference (the Convention on Biological Diversity 4 and the Convention on Climate Change 5 ) all take important steps toward the formulation of international standards governing the use and management of living resources to preserve their diversity and renewability into the future.

The articulation of international environmental requirements is accompanied, strikingly, by a new recognition of local communities’ roles in protecting biological diversity and ecosystem viability. “Grassroots” empowerment has become a centerpiece of the environmental agenda. Throughout the UNCED documents, 6 a mandate for decentralization goes hand-in-hand with the centralization expressed in new international environmental norms and institutional mechanisms. International environmental law is emerging as a new source of authority for pluralism, and protection of biological diversity has become inextricably linked to protection of cultural diversity…

Citation

(1992) 59 Tennessee Law Review 735

Paper

Environmental Rights and International Peace: Protections of Biological and Cultural Diversity: Emerging Recognition of Local Community Rights in Ecosystems Under International Environmental Law

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Green Governance: Ecological Survival, Human Rights, and the Law of the Commons (B. Weston and D. Bollier)

Author

Burns H. Weston and David Bollier

Keywords

sustainability, ecosystems, environmental protection, economics, national sovereignty, international law, green governance, paradigm shift, human rights, public policy

Abstract

The vast majority of the world’s scientists agree: we have reached a point in history where we are in grave danger of destroying Earth’s life-sustaining capacity. But our attempts to protect natural ecosystems are increasingly ineffective because our very conception of the problem is limited; we treat “the environment” as its own separate realm, taking for granted prevailing but outmoded conceptions of economics, national sovereignty, and international law. Green Governance is a direct response to the mounting calls for a paradigm shift in the way humans relate to the natural environment. It opens the door to a new set of solutions by proposing a compelling new synthesis of environmental protection based on broader notions of economics and human rights and on commons-based governance. Going beyond speculative abstractions, the book proposes a new architecture of environmental law and public policy that is as practical as it is theoretically sound.

Citation

Burns H. Weston and David Bollier, Green Governance: Ecological Survival, Human Rights, and the Law of the Commons (Cambridge University Press, 2013)

Book

Green Governance: Ecological Survival, Human Rights, and the Law of the Commons

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Unmasking Chinese Business Enterprises: Using Information Disclosure Laws to Enhance Public Participation …(T. Riley and C. Huiyan)

Author(s)

Timothy Riley and Cai Huiyan

Keywords

China, access to environmental information, corporate disclosure, Chinese businesses, government decisions, corporate decisions, public participation, impact, local communities, ecosystems

Abstract

This article argues that the existing state of corporate disclosure law and regulations in China is insufficient to allow the Chinese public adequate access to environmental information. As a result, citizens are unable to participate properly in crucial government and corporate decisions that impact local communities and ecosystems.

Citation

(2009) 33 Harvard Environmental Law Review 177

Paper

Unmasking Chinese Business Enterprises: Using Information Disclosure Laws to Enhance Public Participation in Corporate Environmental Decision Making

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