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Human Rights and the Environment: Legality, Indivisibility, Dignity and Geography

Edited by: James R. May, Erin Daly

ISBN13: 9781788111454
Published: April 2019
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £245.00



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Much has been written, discussed, advocated and litigated about human rights and the environment over the last two decades. With 45 structured entries from a global collection of expert scholars, this volume of the Elgar Encyclopedia of Environmental Law provides an authoritative source of reference and features new commentary on the role of the rule of law in responding to the variegated impacts of environmental challenges on the human condition.

This comprehensive volume offers fresh perspectives to the conversation by focusing especially on four subjects that shed new light on the subject of environmental human rights: the challenges of identifying the fundamental legal sources for the protection of human rights and the environment, the recognition of the indivisibility of human rights and environmental law, the centrality of the right to human dignity as the lodestar of human rights law, and the uniqueness of geographic particularities. Fundamentally, the entries demonstrate that there is much to do, learn and share on this vital topic.

Offering thoughtful critical perspectives on a timely subject, this volume will be an essential resource for academics and students, as well as policymakers and practitioners.

Subjects:
Human Rights and Civil Liberties, Environmental Law
Contents:
Introduction: New Dimensions in Human Rights and the Environment
James R. May and Erin Daly
PART I LEGALITY
1. Advancing Human Rights through the Environmental Rule of Law
Naysa Ahuja, John Pendergrass, Arnold Kreilhuber, Elizabeth Mrema and Carl Bruch
2. The United Nations Mandate on Human Rights and the Environment
John H. Knox
3. An International Covenant on the Right of Human Beings to the Environment
Michel Prieur, Mohamed Ali Mekouar and Erin Daly
4. New Frontiers in Environmental Constitutionalism: Environmental Rule of Law and the Sustainable Development Goals
Arnold Kreilhuber and Angela Kariuki
5. In Defense of Constitutionalizing Environmental Rights
Rosemary Mwanza
6. Human Rights Developments in Global Environmental Constitutionalism
James R. May and Erin Daly
7. Human Rights and Human Benefits: the Implementation Gap
Paul Martin
8. Sovereignty and Environmental Human Rights
Sam Adelman
9. The Human Right to Environmental Information
Rebecca Bratspies and Sarah Lamdan
10. Implementing Human Rights-Related Environmental Principles with e-Technology Innovation Under the Aarhus Convention
Sylvestre-José-Tidiane Manga
11. Access to Justice in Environmental Matters: Recent Developments at International and Regional Level and the Repercussions at the National Level
Vasiliki (Vicky) Karageorgou
PART II INDIVISIBILITY
12. Indivisibility of Human and Environmental Rights
Erin Daly and James R. May
13. Identifying Legal Claims to Human Rights and the Environment
S. Ravi Rajan, Kirsten Davies and Catherine Iorns Magallanes
14. Climate Change and Human Rights
Michael Burger and Jessica Wentz
15. Climate Change, Mobility, Law and Human Rights
Christel Cournil and Emnet Gebre
16. Protecting The Right to Food When Implementing Climate Change Mitigation Strategies in Developing Countries
Philip Coventry
17. Human Rights And the Gender Dynamics of Climate Change
Ryan Jeremiah Donato Quan
18. Sustainability and Environmental Human Rights
Chetna Anant Malviya and Ricardo Libel Waldman
19. Moral Limitations on Property Rights in the United States as Human Rights
Blake Hudson
20. Land Use Restrictions and the Right to Property
Geert Van Hoorick and Lise Vandenhende
21. Conflicts between Environmental Protection and Human Rights
Marie-Catherine Petersmann
22. Biodiversity and Human Rights
Wahyu Yun Santoso
23. The Rights of Nature and a New Constitutional Environmental Law
Daniel Bonilla Maldonado
PART III DIGNITY
24. Environmental Dignity Rights
Erin Daly and James R. May
25. The Human Right to Water
Daphina Misiedjan and Scott O. McKenzie
26. The Human Right to Landscape
Michel Prieur
27. Understanding the Nexus of Environment, Energy and Human Rights
Leonie Reins
28. Business Practices, Human Rights and the Environment
Stephen Turner
29. Environmental Rights of Children
Karen E. Makuch
30. Indigenous Peoples and Environmental Rights
Alexander Solntsev
31. Indigenous Peoples and Conservation of Biodiversity
Ritu Dhingra
32. Human Rights Based Environmental Remedy for Allotment Era Legacy in Indian Country
Dean B. Suagee
33. Human Rights to the City: Urban Ecologies and Indigenous Justice
Natalie Osborne, Anna Carlson & Chris Butler
34. Environmental Justice and the Hesitant Embrace of Human Rights
Dayna Nadine Scott
PART IV GEOGRAPHY
35. European Court of Human Rights and Environmental Rights
Ole W. Pedersen
36. Vida Digna and Environmental Human Rights in the Inter American System
Juan Manuel Rivero Godoy
37. Human Rights and the Environment in the Middle East and North African Region: Trends, Limitations and Opportunities
Damilola S. Olawuyi
38. Non-Economic Losses and Human Rights in Small Island Developing States
Lisa Benjamin, Adelle Thomas and Michael Stevenson
39. The Effectiveness of Access Rights in Sri Lanka in Issues of Environment and Development
Camena Guneratne
40. Human Rights and Climate Change Displaced People: Bangladesh Perspective
Md Abdul Awal Khan
41. Evaluation of Human Rights and the Environment in Jordan
Aisa M. Hammadeen
42. Human Rights and Environmental Justice in Development Projects in Central Africa: from the Pipeline Chad-Cameroon to the Mbalam-Nabéba Iron Ore Project
Guy Jules Kounga and Alain Kenmogne Simo
43. Human Vulnerability and Environmental Rights: The Endorois Welfare Council v. Kenya Case
Atieno Mboya Samandari
44. Legal Personality for the Environment in Aotearoa New Zealand
Catherine Iorns Magallanes
Index

Series: Elgar Encyclopedia of Environmental Law

Elgar Encyclopedia of Environmental Law
Edited by: Michael Faure
ISBN 9781786436986
Published March 2023
Edward Elgar Publishing Limited
£2600.00
Chemical Risk Governance ISBN 9781785360350
Published March 2023
Edward Elgar Publishing Limited
£245.00
Trade and Environmental Law ISBN 9781783476978
Published January 2022
Edward Elgar Publishing Limited
£295.00
Water Law ISBN 9781783476992
Published August 2021
Edward Elgar Publishing Limited
£225.00
Energy Law, Climate Change and the Environment ISBN 9781788119672
Published May 2021
Edward Elgar Publishing Limited
£295.00
Policy Instruments in Environmental Law ISBN 9781785365676
Published June 2020
Edward Elgar Publishing Limited
£223.00
Principles of Environmental Law ISBN 9781785365652
Published July 2018
Edward Elgar Publishing Limited
£256.00
Multilateral Environmental Treaties ISBN 9781783477203
Published August 2017
Edward Elgar Publishing Limited
£215.00
Compliance and Enforcement of Environmental Law ISBN 9781783477678
Published May 2017
Edward Elgar Publishing Limited
£162.00
Biodiversity and Nature Protection Law ISBN 9781783474240
Published April 2017
Edward Elgar Publishing Limited
£215.00
Decision Making in Environmental Law ISBN 9781783478392
Published October 2016
Edward Elgar Publishing Limited
£228.00
Climate Change Law ISBN 9781783477609
Published June 2016
Edward Elgar Publishing Limited
£281.00