Tag Archives: rights

The Rights of the Nonhuman World (M. A. Warren)

Author(s)

Mary Anne Warren

Keywords

Environmental ethics, Environmental protection, Human ecology, Nonhuman world, rights

Abstract

None available.

Citation

R. Elliot and A. Gare, eds. 1983. Environmental Philosophy: A Collection of Readings. pp. 109-134

Book

Environmental Philosophy: A Collection of Readings

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Taking aims seriously – how legal ecology affects judicial decision-making (Pallonitty)

Author

Tiina Pallonitty

Keywords

Methodology of environmental law, judicial decision-making, water management, legal theory, principles, rights, rules

Abstract

This article reflects upon key challenges that ecology as a field of science has brought to modern environmental law as it operates within civil law systems. An example from European water management regulation elucidates how the traditional perception of judicial decision-making as deductive reasoning does not match the current reality because factual and normative premises are no longer as distinct as presumed. A novel way of formulating judicial decisions is accordingly presented: legal ecology – which aims to provide one answer to the search for more mature environmental methodologies. Legal ecology is based on the writings of the late Ronald Dworkin and especially of Robert Alexy, whose concept of principles as optimization requirements is adapted to fulfill the execution of the aim-setting sections frequently used in environmental regulation. Adjudication with legal ecology is understood to be rooted in normative sources but to be more transparent, open to scrutiny and to invite more evolved argumentative development than is currently the practice in civil law environmental adjudication. As such, the suggested approach might also benefit argumentation in the sphere of human rights and the environment in general – or any other field where aims ought to be balanced or value choice made visibile without compromising the requirements of legal certainty.

Citation

(2015) 1 Journal of Human Rights and the Environment 55-74

Publication

Taking aims seriously – how legal ecology affects judicial decision-making

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When interests clash: the right to water in South Sudan: Fiona Lubett and Afshin Akhtarkhavari

Authors

Fiona Lubett and Afshin Akhtarkhavari

Keywords

Rights, healthy environment, access to water, competing interests, South Sudan, White Nile

Abstract

Access to water is a significant twenty-first century concern but the right to it, couched in the context of the human rights discourse, while often able to assist with short-term solutions, particularly in developing countries, lacks the longer-term ability to protect ecosystem services. The right to a healthy environment, by contrast, is much broader in its reach and has potential to provide for longer-term and broader solutions to development challenges, particularly for countries emerging from war and conflict. This article draws on the situation in South Sudan to explore and critique the utility of the right to water in post-conflict resolution efforts. Given that the White Nile, and water more generally, was central to the violence that led to South Sudan’s independence from Sudan, water continues to be a currency (for consumption and also for the agricultural sector) in addition to oil, which is a major source of income for the new country. Article 41 of the Transitional Constitution for South Sudan provides for the protection of the environment, which this paper argues, is more in line with the human right to a healthy environment and is more suited to long-term developments; not just of South Sudan’s economy but also to its peace-building agenda. South Sudan is likely to be much better served by continuing to build momentum around initiatives that take account of access to water in the broader context of protecting the environment that it is sourced from. In this sense, the article provides a critique of the utility of the right to water discourse as a means of ensuring that people in developing countries have access to it. It argues that the use of the language and discourse of the right to water must at times be subservient to other kinds of rights, especially if the water right is likely to be narrowly interpreted, prohibiting ecological considerations from being properly taken into account.

Citation

(2014) 5/2 Journal of Human Rights and the Environment 49-73

Paper

When interests clash: the right to water in South Sudan

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Distorted agricultural prices cause hunger and resources dilapidation (A.C.A. Pinheiro)

Author

Antonia Cipriano A.Pinheiro ( Universidade de Evora , Portugal )

Keywords

Price distortion, dwindling human and physical resources, farmers, world population, sustainable food supply

Abstract

The main objective of this paper is to present facts and arguments trying to prove that price distortion has been the main reason for the dilapidation of human and physical resources all over the world. In some countries, farmers sell their products at prices below their real cost. In these countries, most often, family labour and equipment depreciation are not accounted as real costs. The expected increase in world population will demand for levels of production much higher than those that are been produced. So, if we want to feed the world in a sustainable way, maintaining the production potential of human and natural resources, a new set of trade and rural development policies have to be implemented across the world, based on regional common markets. To promote these policies, regional organisations (that include several countries) and a new international trade organisation must be created

Citation

(2010) 2 International Journal of Sustainable Society 191-204

Paper

Distorted agricultural prices cause hunger and resources dilapidation

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Rights and property paradigms: challenging the dominant construct hegemony (K. Morrow and A. Grear)

Authors

Karen Morrow and Anna Grear

Keywords

rights, property, human rights, property paradigms, hegemony, critique

Abstract

The interrelationship of (human) rights and property paradigms raises particularly profound questions when played out in respect of environmental claims. It is therefore no surprise that contributions to this edition invoke ontological and epistemological concerns fundamental to the unsettled interface between the mutable richness of living spatial and socio-cultural ecologies and the abrupt reductionisms so often imposed upon them by law. At the same time it speaks of the power and dominance of property paradigms that even the most critical analyses tend to seek reformulation of property’s parameters rather than its abandonment.

Citation

(2012) 3/2 Journal of Human Rights and the Environment 169-172

Paper

Rights and property paradigms: challenging the dominant construct hegemony

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