Tag Archives: public policy

A Right to Environment in International Law: Current Status and Future Outlook (P. Pevato)

Author(s)

Paula M.Pevato

Keywords

Right to Environment, International Law, Public Policy, Human Rights, Policy Science

Excerpt

In adhering to the spirit of this special issue of RECIEL that aims to ‘look back and look ahead’, this article is both reflective and somewhat prescient, given that it will touch upon recent history, present status and future prospects of one such concept that has emerged para, or alongside, the progressive development of inter-
national law for the protection of the environment: the right to environment. The leitmotif of this article is rather straightforward: what is a right to environment in contemporary international law and policy and what is the forecast for future recognition as a human right? Given that many arguments cannot be developed fully within the scope of this article, its aim is modest: to reevaluate prevailing attitudes, both convergent and divergent tides of thought; to situate the status of this concept within current international legal theory and practice; and, to raise relevant questions for further reflection.

Citation

(1999) 8 Review of European Community and International Environmental Law 309-321

Paper

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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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Public policy and corporate environmental behaviour: a broader view (R. Sarkar)

Author

Runa Sarkar

Keywords

Corporate environmental behaviour, public policy, environmental strategy, regulatory response, corporate sustainability, environmental performance

Abstract

Corporate strategies to manage the business-ecological environment interface have evolved against the backdrop of regulatory pressures and stakeholder activism. Despite its relevance with respect to sustainable development, a well developed theory encompassing all aspects of corporate environmental behaviour, especially incorporating incentive compatible public policy measures, is yet to be developed. This paper is a step in this direction, aiming to assimilate contributions related to different aspects of corporate environmental behaviour, capturing the transition from environmental management to environmental strategy. In the process we identify areas where there is a need for further research. We find that there is plenty of scope in developing more complex models to explain a manager’s rationale for adopting sustainable strategies in the backdrop of the policy regime, and in conducting more empirical (both descriptive and quantitative) work to obtain clearer insights into managerial decisions.

Citation

(2008) 15(5) Corporate Social Responsibility and Environmental Management, 281-297

Paper

Public policy and corporate environmental behaviour: a broader view

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Fundamentalism in Public Health and Safety in Bilateral Investment Treaties (K. Yelpaala)

Author

Kojo Yelpaala

Keywords

Bilateral investment treaties, constitutional rights, fundamental rights, public health and safety, humanrights, environment, prisoner’s dilemma, bilateral unilateralism, jus cogens, arbitrability, indirect expropriation, state responsibility

Abstract

The goal of this work is to explore, examine and analyze how much of an impact BITs can lawfully have on the choices available to governments to take necessary measures for the protection of health, safety, the environment and humanrights. This calls for a return to first principles of sovereignty, constitutionalism and international law on the issues of sovereign authority with respect to domestic policy relating to security and other critical social policies. Any interpretation of the substantive content or the restraining effects of BITs must be framed against the backdrop of these first principles. Although the cases are still too few for any concrete statements to be made about the restraining impact of investment protection provisions on contracting States, there appears to be some suggestion of a serious policy chill on contracting States. In view of this, it appears useful to explore avenues of empowering States, particularly the weaker States, with regards to their obligations under current BITs. In conclusion, a State owes certain indelible duties to its citizens which it may not be surrendered or abandoned in a treaty for private profit. The State has the duty to protect its citizens not only from a hostile force but also from threats to their right to life, habitation, health and safety. Such responsibilities of the State may be said to be indelible, inherent and cannot be waived or surrendered in a treaty.

Citation

(2008) 3 Asian Journal of WTO & International Health Law and Policy 235

Paper

Fundamentalism in Public Health and Safety in Bilateral Investment Treaties [Part I]

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Teaching and learning guide for: environmental justice (J. Sze, J. London)

Author

Julie Sze and Jonathan London

Keywords

Environmental justice; environmental racism; urban; planning; public health; law; ethnic studies; public policy; social movements; environmental and social inequalities.

Abstract

Over the last 25 years, the environmental justice movement has emerged from its earliest focus on US social movements combating environmental racism to an influential global phenomenon. Environmental justice research has also undergone spectacular growth and diffusion in the last two decades. From its earliest roots in sociology, the field is now firmly entrenched in several different academic disciplines including geography, urban planning, public health, law, ethnic studies, and public policy. Environmental justice refers simultaneously to a vibrant and growing academic research field, a system of social movements aimed at addressing various environmental and social inequalities, and public policies crafted to ameliorate conditions of environmental and social injustice. Academia is responding to this social problem by offering courses under various rubrics, such as ‘Race, Poverty and the Environment, Environmental Racism, Environmental Justice’, ‘Urban Planning, Public Health And Environmental Justice’, and so on. Courses on environmental justice offer students opportunities to critically and reflexively explore issues of race and racism, social inequality, social movements, public/environmental health, public policy and law, and intersections of science and policy. Integrating modules on environmental justice can help professors engage students in action research, service learning, and more broadly, critical pedagogy.

This article offers an overview of the current state of the field and offers a range of resources for teaching concepts of environmental racism, inequality and injustice in the classroom.

Citation

(2009) 3(6) Sociology Compass, 1022-1028.

Paper

Teaching and learning guide for: environmental justice.

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