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Borderlines in Private Law

Edited by: William Day, Julius Grower
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Lord Denning: Life, Law and Legacy



  


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Environmental Rights

Edited by: Steve Vanderheiden

ISBN13: 9781409422969
Published: August 2012
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £290.00



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The essays selected for this volume present critical viewpoints from the debate about the need to establish rights on behalf of greater environmental protection. Three main areas for developing environmental rights are surveyed, including: extensionist theories that link existing rights (for example to subsistence or territory) to threats of harm from exacerbated resource scarcity, pollution or rapid environmental change; proposals for rights to specified environmental goods or services, such as rights to a safe environment and the capacity to assimilate greenhouse gas emissions; and rights that protect the interests of parties not currently recognized as having rights, including nonhuman subjects, natural objects and future generations. This volume captures the potential for and primary challenges to the development of rights as instruments for safeguarding the planet's life-support capacities and features proposals and analyses which argue the need to create an avenue of recourse against ecological degradation, whether on behalf of human or nonhuman right holders.

Subjects:
Human Rights and Civil Liberties, Environmental Law
Contents:
Introduction
Part I Human Rights: General: Environmental injustice and human rights abuse: the states, MNCs, and representation of minority groups in the world system, Francis O. Adeola
Can communal goods be human rights?, Jeremy Waldron
Philosophical issues in international environmental law, James Nickel and Danial Magraw.
Part II Human Rights and Climate Change: Greenhouse development rights: a proposal for a fair global climate treaty, Paul Baer, Tom Athanasiou, Sivan Kartha and Eric Kemp-Benedict
Does anthropogenic climate change violate human rights?, Derek Bell
Human rights, responsibilities, and climate change, Simon Caney
Human rights versus emissions rights: climate justice and the equitable distribution of ecological space, Tim Hayward
Competing claims: human rights and climate harms, Stephen Humphreys
Human rights, climate change, and the trillionth ton, Henry Shue
Climate change, environmental rights, and emissions shares, Steven Vanderheiden.
Part III Rights of Nonhumans/Environment/Futurity: the Rights of animals and unborn generations, Joel Feinberg
The case for biotic rights, James A. Nash
Should trees have legal standing? Toward legal rights for natural objects, Christopher D. Stone
On future generations' future rights, Axel Gosseries
The right to a green future: human rights, environmentalism, and intergenerational justice, Richard P. Hiskes
Our rights and obligations to future generations for the environment, Edith Brown Weiss
Contemporary property rights, Lockean provisos, and the interests of future generations, Clark Wolf.
Part IV Rights to a Clean Environment: Toward a constitutionally protected environment, John Y. Pearson Jr
Environmental rights: European fact or English fiction?, Christopher Miller
Rights and responsibilities on the home planet, Holmes Rolston III
Human rights, environmental rights, and the right to environment, Dinah Shelton
Name index.