Should or Must?: Nature of the Obligation of States to Use Trade Instruments for the Advancement of Environmental, Labour, and Other Human Rights (S. J. Powell)

Author Stephen J. Powell Keywords human rights, ethical obligations, legal quality, power, global harm principle, international law, accountability, human rights violations, transnational corporations, U.S. Alien Tort Statute Abstract This article examines whether customs, treaties, and historical facts have caused the ethical human rights obligations of economically powerful states to assume a legal quality. The author […]

Environmental Justice, Human Rights, and the Global South (C. G. Gonzalez)

Author(s) Carmen G. Gonzalez Keywords human rights, right to a healthy environment, environmental justice, Third World Approaches to International Law, TWAIL, North-South divide, World Bank, International Monetary Fund, colonialism, development, transnational corporations, Maastricht principles, extraterritoriality Abstract From the Ogoni people devastated by oil drilling in Nigeria to the Inuit and other indigenous populations threatened by […]

The Power of Rights: Imposing Human Rights Duties on Transnational Corporations for Environmental Harms (A. Sinden)

Author Amy Sinden Keywords Human Rights, Environmental Wrongs, Transnational Corporations, Civil and Political Rights, Public/Private Divide Abstract This essay attempts to construct a normative justification for the imposition of human rights duties on transnational corporations (TNCs) that commit environmental wrongs in the developing world. Under the now near-hegemonic worldview of welfare economics, TNCs are analogised […]

NOTE: EARTH RIGHTS, HUMAN RIGHTS: CAN INTERNATIONAL ENVIRONMENTAL HUMAN RIGHTS AFFECT CORPORATE ACCOUNTABILITY? (L. A. Mowery)

Author(s) Lauren A. Mowery Keywords earth rights, human rights, international environmental rights, corporate accountability, transnational corporations Excerpt INTRODUCTION In the last fifty years, transnational corporations (“TNCs”) have dominated the global economy. Today, approximately half of the top economies worldwide belong to such corporations. 1 The gross domestic product (“GDP”) of many TNCs dwarf the GDPs […]

Environmental Justice and International Environmental Law (Gonzalez)

Author Carmen G Gonzalez Keywords Environmental justice, sustainable development, equity, ethics, colonialism, post-colonialism, special and differential treatment, common but differentiated responsibility, ecological debt, climate change, human rights, environmental human rights, Aarhus Convention, transnational corporations Abstract Environmental justice lies at the heart of many environmental disputes between the global North and the global South as well […]