Tag Archives: justice

Justice, Equity and Benefit-Sharing under the Nagoya Protocol to the Convention on Biological Diversity (E. Morgera)

Author

Elisa Morgera

Keywords

benefit-sharing, biodiversity, equity, justice, Nagoya Protocol, mutual supportiveness, indigenous peoples

Abstract

This article attempts to bridge the multi-disciplinary debate on environmental justice and the traditional international legal debate on equity with a view to analysing the legal concept of fair and equitable benefit-sharing in international law. To that end, the article uses the Nagoya Protocol to the Convention on Biological Diversity as a testing ground for: i) unpacking different notions of justice that may be pursued through fair and equitable benefit-sharing from access to genetic resources and the use of associated traditional knowledge, and ii) relating different notions of justice to the different functions that equity plays in international law. The aim is to test the potential wider application, in other areas of international law that refer to benefit-sharing, of linking a pluralist notion of environmental justice to different functions of equity. It is argued that this helps systematically unveil implicit legal design choices in relation to the pursuit of justice through international law-making, and interpret international legal instruments in ways that can contribute to negotiate concrete understandings of justice on a case-by-case basis.

Citation

Edinburgh School of Law Research Paper No. 2015/16

Paper

Justice, Equity and Benefit-Sharing under the Nagoya Protocol to the Convention on Biological Diversity

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Justice, Equity and Benefit-Sharing Under the Nagoya Protocol to the Convention on Biological Diversity (E. Morgera)

Author(s)

Elisa Morgera

Keywords

benefit-sharing, biodiversity, equity, justice, Nagoya Protocol, mutual supportiveness, indigenous peoples

Abstract

This article attempts to bridge the multi-disciplinary debate on environmental justice and the traditional international legal debate on equity with a view to analysing the legal concept of fair and equitable benefit-sharing in international law. To that end, the article uses the Nagoya Protocol to the Convention on Biological Diversity as a testing ground for: i) unpacking different notions of justice that may be pursued through fair and equitable benefit-sharing from access to genetic resources and the use of associated traditional knowledge, and ii) relating different notions of justice to the different functions that equity plays in international law. The aim is to test the potential wider application, in other areas of international law that refer to benefit-sharing, of linking a pluralist notion of environmental justice to different functions of equity. It is argued that this helps systematically unveil implicit legal design choices in relation to the pursuit of justice through international law-making, and interpret international legal instruments in ways that can contribute to negotiate concrete understandings of justice on a case-by-case basis.

Citation

(2015) 24 Italian Yearbook of International Law pp. 113 – 141

Paper

Justice, Equity and Benefit-Sharing Under the Nagoya Protocol to the Convention on Biological Diversity

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Integrated Justice: Human Rights, Climate Change, and Poverty (S. L. Kass)

Author(s)

Stephen L. Kass

Keywords

human rights, climate change, poverty, justice, economic rights, civil rights, political rights, social rights, cultural rights

Abstract

The human rights community in the United States has remained largely silent on the human rights implications of climate change, the most far-reaching change in the Earth’s environment since the end of the last ice age 10,000 years ago. 1 Many U.S. human rights organizations have also ignored or treated as background the growing numbers of people living or dying in extreme poverty in the developing world. Yet climate change is certain to exacerbate the severe environmental and economic conditions already faced by billions of people. These conditions contribute to widespread violations of civil, political, economic, social, and cultural rights that are the central concern of human rights organizations.

This Article outlines a role that human rights organizations in the United States and elsewhere can play in linking environmentally irresponsible conduct by governments and corporations to the violation of basic human rights. In addition, this Article identifies rights-based remedies for those violations. The goal is neither to assert a new right to a clean (or cooler) environment nor to prescribe specific climate change policies to governments or others. However, climate change and related environmental decisions made by governmental and corporate authorities must now take into account both procedural and substantive human rights and the impact of those decisions on the world’s poor. For the same reason, organizations committed to overcoming poverty, defending the environment, and protecting human rights should revise their tendency to view challenges, in developing nations and elsewhere, through a single lens and should pursue, either together …

Citation

(2009) 18 Transnational Law and Contemporary Problems 115.

Paper

Integrated Justice: Human Rights, Climate Change, and Poverty

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Changing images of climate change: human rights and future generations (H. Shue)

Author

Henry Shue

Keywords

Climate change, human rights, future generations, cumulative carbon budget, justice

Abstract

Whilst the climate itself has been changing over recent decades, our understanding has also been evolving. This article highlights four images of the normative significance of climate change. The earliest two, making room and avoiding encroachment, assume that the primary normative issue was how to distribute permissions to emit the carbon dioxide from fossil fuels, which is the chief force undermining the climate. But the evolving science established that the remaining cumulative carbon budget compatible with tolerable degrees of climate change is too small, however it is distributed. The most urgent imperative is to exit the fossil fuel regime and construct an alternative energy regime. The third image pictures this transition as an invaluable opportunity for institutional innovations protecting rights understood to include at least the subsistence need for essential energy. The fourth image, avoiding forced choice, underlines the responsibility of the current generations not to leave future ones with nothing but alternatives that undermine rights.

Citation

(2014) 0 Journal of Human Rights and the Environment 50-64

Publication

Changing images of climate change: human rights and future generations

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Planet Dialectics: Explorations in Environment and Development (W. Sachs)

Author

Wolfgang Sachs,

Keywords

Archaeology of the Development Idea, Global Ecology, Shadow of Development, Gospel of Global Efficiency, Environment and Development, Sustainable Development, Blue Planet, Globalisation, Sustainability, Ecology, Justice, Eco-Efficiency, Politics

Abstract

Wolfgang Sachs is one of the most thoughtful intellectuals to deal with the dual crisis in the Western world‘s relations with nature and social justice.

Author, public speaker, and intellectual engagé, his work has been translated into numerous languages and has appeared in books, journals and magazines all over the world. Here for the first time, his most seminal writings are brought together in a single volume, including his classic intervention ‘The Archaeology of the Development Idea‘. In this book readers – be they concerned citizens, environmentalists, development specialists or cultural historians – will find trenchant and elegant explorations of some of the foremost issues the world faces at the beginning of the new century:-

· Efficiency – the mantra of our times
· Globalization – a market inevitability and the juggernaut of history?
· Sustainability – oxymoron as rhetoric
· Development – the 20th century‘s great undelivered promise
· Limits – a new principle for the coming century.

Citation

Wolfgang Sachs, Planet Dialectics: Explorations in Environment and Development (Zed Books, 2006)

Book

Planet Dialectics: Explorations in Environment and Development

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