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EU Environmental Law, International Environmental Law, and Human Rights Law
In EU Environmental Law, International Environmental Law, and Human Rights Law: The Case of Environmental Responsibility, Armelle Gouritin offers a critical appraisal of EU environmental responsibility law and asserts a new rights-based approach to international environmental law. This book addresses environmental damage, environmental harm, the grounds for environmental responsibility and the exceptions to the responsibility principle. A critical appraisal of EU Directives 2004/35 and 2008/99 is complemented by an analysis of the input of the European Court on Human Rights and international environmental law with a view to filling the gaps identified in the Directives. Gouritin offers a full analysis of the potential and limits of the rights-based approach applied to environmental responsibility.
Climate Displacement in Mexico
This book presents the updated results of an investigation carried out in 2019. The National Autonomous University of Mexico’s (UNAM) Climate Change Research Program (PINCC), funded the research coordinated by Armelle Gouritin. The research aims to answer the following questions: Does the Mexican legal framework and public policies address forced internal climate mobility? If not, what could be the elements of a legal framework and public policies to address the phenomenon? As the phenomenon was approached it was clear that it was extremely complex and consisted of numerous tensions that would lead to other questions throughout the research process. Climate forced internal displacement is ...
Climate Change and Human Rights
Do anthropogenic greenhouse gas emissions affect human rights? Should fundamental rights constrain climate policies? Scientific evidence demonstrates that anthropogenic greenhouse gas emissions contribute to increasing atmospheric temperatures, soon passing the compromising threshold of 2° C. Consequences such as Typhoon Haiyan prove that climate alteration has the potential to significantly impair basic human needs. Although the United Nations Framework Convention on Climate Change and human rights regulatory regimes have so far proceeded separately, awareness is arising about their reciprocal implications. Based on tripartite fundamental obligations, this volume explores the relationship ...
Climate Change Liability
This book sheds new light on the growing issue of using liability as a tool for both preventing and compensating for the damage caused by climate change. Michael Faure and Marjan Peeters have brought together a selection of expert contributors who explore a variety of both national and European perspectives on the topic. Climate change liability is no longer only a theoretical idea since climate changelitigation has become so hotly debated and this book examines to what extent it can be used for mitigation and adaptation issues. Chapters discuss the potential role of liability within various legal systems, like the national systems of the USA and The Netherlands, but also EU and ECHR law. Liability is outlined in a broad perspective since not only compensation for damage suffered by plaintiffs isdiscussed, but also the need for prevention in order to obtain a reduction of greenhouse gases.
Environmental Protection in Multi-Layered Systems
The book aims at understanding the current distribution and use of powers over the environment among various layers of government and their consequences on environmental protection, comparing federal, regional and unitary State models and drawing theoretical and practical consequences.
Sustainable Development Principles in the Decisions of International Courts and Tribunals
The 2002 New Delhi Declaration of Principles of International Law relating to Sustainable Development set out seven principles on sustainable development, as agreed in treaties and soft-law instruments from before the 1992 Rio ‘Earth Summit’ UNCED, to the 2002 Johannesburg World Summit on Sustainable Development, to the 2012 Rio UNCSD. Recognition of the New Delhi principles is shaping the decisions of dispute settlement bodies with jurisdiction over many subjects: the environment, human rights, trade, investment, and crime, among others. This book explores the expanding international jurisprudence incorporating principles of international law on sustainable development. Through chapters...
The Oxford Handbook of United Nations Treaties
This book brings together world experts on the United Nations and international law, to examine not only the content of that legal regime but how it has been transformed since the second half of the twentieth century.
Self-Spreading Biotechnology and International Law
Wer haftet, wenn sich selbst ausbreitende Gentechnik grenzüberschreitende Schäden verursacht? Mit Gene Drives und ähnlichen Verfahren wird es bald möglich sein, das Erbgut wild lebender Arten, Keime und Nutzpflanzen direkt in der Umwelt zu verändern. Dies könnte helfen, drängende Probleme in der öffentlichen Gesundheit, im Naturschutz und in der Ernährungssicherheit zu lösen. Allerdings bergen diese Verfahren auch das Risiko einer unkontrollierten Ausbreitung über Staatsgrenzen hinweg. Anhand einer grundlegenden Untersuchung der einschlägigen Verträge und des Völkergewohnheitsrechts zu Prävention und Haftung für grenzüberschreitende Schäden wird aufgezeigt, dass das derzeit geltende Völkerrecht dieser Herausforderung noch nicht gewachsen ist.
Climate Change, Hazards and Adaptation Options
This book addresses the issue of climate change risks and hazards holistically. Climate change adaptation aims at managing climate risks and hazards to an acceptable level, taking advantage of any positive opportunities that may arise. At the same time, developing suitable responses to hazards for communities and users of climate services is important in ensuring the success of adaptation measures. But despite this, knowledge about adaptation options, including possible actions that can be implemented to improve adaptation and reduce the impacts of climate change hazards, is still limited. Addressing this need, the book presents studies and research findings and offers a catalogue of potential adaptation options that can be explored. It also includes case studies providing illustrative and inspiring examples of how we can adapt to a changing climate.
The Indigenous Right to Self-Determination in Extractivist Economies
International norms widely recognize the Indigenous right to self-determination by which Indigenous peoples define and purse their collective aspirations. Nevertheless, as progressive as legal frameworks might appear, in reality, few Indigenous communities enjoy this right and most remain vulnerable and disempowered. Activists blame Latin America's extractivist economies, while governments argue that extractive revenues are necessary to improve Indigenous life. Far from presenting a unified position, rural Indigenous peoples are most often divided over extractive industries. To assess how Indigenous self-determination has progressed, and the role that extractivism plays in this, this Element examines six Indigenous communities in Mexico, Bolivia, and Peru with contrasting experiences of extractive projects. It finds that the Indigenous ability to use favorable legislation in conjunction with available economic resources shapes different self-determination outcomes. Finally, it assesses Indigenous possibilities for self-determination in the light of environmental activism and discourses on Buen Vivir.
