Tag Archives: politics

The Metrics of Constitutional Amendments: And Why Proposed Constitutional Amendments Don’t Add Up (J. B. Ruhl)

Author(s)

J.B. Ruhl

Keywords

constitutional law, environmental law, environmental rights, rights to environmental quality, policy, politics, environmental policy, United States Constitution

Abstract

None Available

Citation

(1999) 74 Notre Dame Law Review 245

Paper

The Metrics of Constitutional Amendments: And Why Proposed Constitutional Amendments Don’t Add Up

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Climate Change and Human Rights (A. Sinden)

Author

Amy Sinden

Keywords

Human Rights, Climate Change, Politics

Abstract

Global warming may well be the most profound moral issue ever to face the human species. Profound moral issues demand a profound response from law, and as we enter the twenty-first century, human rights is (at least at a rhetorical level) the law’s best response to profound, unthinkable, far-reaching moral transgression. More fundamentally, it is the law’s strongest condemnation of the exploitation of the weak by the powerful. As such, it was the law’s response to the moral crises of the twentieth century, and I want to suggest that it may be an appropriate legal response to the moral crisis of the twenty-first century as well. Human rights function to counteract power imbalances in society. By acting as trumps human rights effectively put a thumb on the scale in favor of the weaker party in order to correct for the distorting effects of power. Because the economic model has become the dominant lens through which we view the world, climate change is often analyzed as a market failure brought on by the tragedy of the commons. But market failure is only part of the problem. There is a far more fundamental and intractable problem standing in the way of meaningful action to stem global warming. That is the political failure brought on by the enormous disparity in power and resources between those interests that stand to gain from climate change regulation and those that – at least in the short run – stand to lose. Thinking of climate change as a human rights issue can help us see that it is not just a matter of aggregate costs and benefits, but of winners and losers – of the powerful few preventing the political system from acting to protect the powerless many.

Citation

(2007) 27 Journal of Land Resources and Environmental Law 255

Paper

Climate Change and Human Rights

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Defending the Environment: Civil Society Strategies to Enforce International Environmental Law (L.A. Malone and S. Pasternack)

Author(s)

Linda A. Malone and Scott Pasternack

Keywords

environmental protection, public health, environmental law, policy, international law, politics, civil society, law enforcement

Abstract

Defending the Environment promotes the use and awareness of several different international, regional, and domestic strategies designed to safeguard the environment and public health.

The text emphasizes practice as well as theory; unlike works devoted exclusively to theoretical aspects of international environmental law and policy, the authors provide the what, how, when, where, and why for resolving environmental and public health problems in front of international courts, tribunals, commissions, committees, secretariats, and, at times, their domestic counterparts.

This is an indispensible handbook for anyone who needs to be aware of the important legal and political strategies made available to them by various instruments of international law.

Citation

Linda A. Malone and Scott Pasternack, Defending the Environment: Civil Society Strategies to Enforce International Environmental Law (Transnational Publishers, 2004)

Book

Defending the Environment: Civil Society Strategies to Enforce International Environmental Law

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Life and Death Matters: Human Rights, Environment and Social Justice (B.R Johnston)

Editor

Barbara R Johnston

Keywords

Environmental crises, post 9/11 security and biosecurity frameworks, social and environmental systems, global power, politics, ecocide, ethnocide, genocide, human rights

Abstract

The first edition of Life and Death Matters was a breakthrough text, centralizing the experiences of those on the front lines of environmental crises and forging new paradigms for understanding how crises emerge and how different groups of actors respond to them. This second edition, fully updated with both expanded and new chapters, once again provides a benchmark for the field and opens important pathways for further research. Authors reassess the state of scholarship and grassroots activism in a new century when social and environmental systems are being reconceptualised within post-9/11 security and biosecurity frameworks, when global warming and resource scarcity are not fears but realities, when global power and politics are being realigned, and when ecocide, ethnocide, and genocide are daily tragedies. This bold new edition of Life and Death Matters will be a widely used textbook and essential reading for students, scholars, and policy makers.

Citation

Barbara R Johnston, Life and Death Matters: Human Rights, Environment, and Social Justice (New York, Left Coast Press, 2011)

Publication

Life and Death Matters: Human Rights, Environment, and Social Justice

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Developing Countries, Environmental Challenges, Politics and Human Rights…Poverty (F.O. Oduor)

Author

Fredrick Oduol Oduor

Keywords

Environment, Poverty, Developing Countries, Politics, Human Rights

Abstract

Developing countries have been struggling to deconstruct the ‘right to poverty’ which they have found themselves mired in for decades. However the issue of climate change has further obfuscated their desire to utilise the same methods used by developed countries in attaining their developed status. This is further exacerbated by trade protectionism at times guised as environmentalism especially with the debut of the global environmental enterprise. Human rights are now a primal concept increasingly accepted in most developing countries albeit begrudgingly. However governments find themselves constrained by development and environmental concerns which often clash with various fundamental humanrights. Environmental considerations are increasingly affecting political careers, with developing countries that have made fragile yet astute political gains in good governance at great risk. The discourse first addresses human rights and environmental protection. It then addresses global disparities noting the structures that reinforce poverty. This includes the impact of international law on the environment and human rights in developed and developing countries, popularly referred to as the North and South respectively. The last part addresses how developing nations can still attempt to deconstruct the ‘right to poverty’ amidst environmental challenges taking into account utilitarianism as the backbone of such attempts.

Citation

(8 March 2010) Working Paper Series

Paper

Developing Countries, Environmental Challenges, Politics and HumanRights: Another Conundrum in the Quest to Deconstruct the ‘Right to Poverty

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