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International Environmental Law and the Global South

Edited by: Shawkat Alam, Sumudu Atapattu, Carmen G. Gonzalez, Jona Razzaque

ISBN13: 9781107055698
Published: September 2015
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £127.00
Paperback edition , ISBN13 9781316621042



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The unprecedented degradation of the planet's vital ecosystems is among the most pressing issues confronting the international community. Despite the proliferation of legal instruments to combat environmental problems, conflicts between rich and poor nations (the North-South divide) have compromised international environmental law, leading to deadlocks in environmental treaty negotiations and noncompliance with existing agreements.

This volume examines both the historical origins of the North-South divide in European colonialism as well as its contemporary manifestations in a range of issues including food justice, energy justice, indigenous rights, trade, investment, extractive industries, human rights, land grabs, hazardous waste, and climate change. Born out of the recognition that global inequality and profligate consumerism present threats to a sustainable planet, this book makes a unique contribution to international environmental law by emphasizing the priorities and perspectives of the global South.

Subjects:
Environmental Law
Contents:
Foreword Christopher Weeramantry
1. The North-South divide in international environmental law: framing the issues Sumudu Atapattu and Carmen G. Gonzalez
Part I. History of the North-South Divide and Global Environmental Governance:
2. History of the North-South divide in international law: colonial discourses, sovereignty and self-determination M. Rafiqul Islam
3. Unsustainable development Ruth Gordon
4. The significance of international environmental law principles in reinforcing or dismantling the North-South divide Sumudu Atapattu
5. The Stockholm conference and the creation of the South-North divide in international environmental law and policy Karin Mickelson
6. Global environmental governance and the South Ved P. Nanda
7. Quest for international environmental institutions: transition from CSD to HLPF Bharat H. Desai and Balraj K. Sidhu
Part II. Selected International Environmental Law Examples:
8. Human rights, the environment and the global South Louis J. Kotzé
9. Access and benefit sharing: North-South challenges in implementing the Convention on Biological Diversity and its Nagoya Protocol Jorge Cabrera Medaglia
10. Emerging powerful Southern voices: role of BASIC nations in shaping climate change mitigation commitments Rowena Maguire and Xiaoyi Jiang
11. Sustainable development in the era of bioenergy and agricultural land grab Chidi Oguamanam
12. Trade in hazardous waste Zada Lipman
13. The right to water: constitutional perspectives from the global South Carlos Bernal
Part III. Trade, Investment, and Sustainable Development:
14. Trade and the environment: perspectives from the global South Shawkat Alam
15. From a divided heritage to a common future? International investment law, human rights and sustainable development Shyami Puvimanasinghe
16. Project finance and sustainable development in the global South Shalanda H. Baker
17. International environmental law and sovereign wealth funds Benjamin J. Richardson
18. Transnational corporations and extractive industries Sara L. Seck
Part IV. Environmental Justice and Vulnerable Groups:
19. Food justice: an environmental justice critique of the global food system Carmen G. Gonzalez
20. A justice paradox: climate change, small island developing states, and the absence of international legal remedy Maxine Burkett
21. South of South: examining the international climate regime from an indigenous perspective Elizabeth Ann Kronk Warner
22. Water wars: anti-privatization struggles in the global South Jackie Dugard and Elisabeth Koek
23. Natural disaster and climate change Paul Govind and Robert R. M. Verchick
24. International law, cultural diversity, and the environment: the case of the general forestry law in Colombia Daniel Bonilla Maldonado
25. The contours of energy justice Lakshman Guruswamy
Part V. Challenges and Options:
26. South-South cooperation: foundations for sustainable development Koh Kheng-Lian and Nicholas A. Robinson
27. Public participation in international negotiation and compliance Lalanath de Silva
28. Access to remedies in environmental matters and the North-South divide Jona Razzaque
29. Sustainable development versus green economy: the way forward? Shawkat Alam and Jona Razzaque.