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This book explores the philosophical, theoretical and legal bases that underpin the linkage between human rights and the environment. Such linkage, grounded in reality, is an innovative way of addressing environmental issues through the lens of a well-established international human rights system. The book argues that a new set of environmental rights is gradually forging its way into international law and suggests a re-configuration of the human rights system in the context of sustainable development and the notion of solidarity rights. In doing so, two sets of concepts are considered: first, the possibility of a rapprochement between environmental ethics and the human rights doctrine and, second, the theoretical and practical links among the concepts of development, democracy, environment and sustainable development.
The book examines the genesis and development of environmental rights (or the Right to Environment) in international law and discusses their philosophical, theoretical and legal underpinnings in the context of sustainable development and the notion of solidarity rights.
The core focus of this timely volume is to ascertain how regional environmental law may contribute to the pursuit of global sustainable development. Leading scholars critically analyze the ways in which states may pool sovereignty to find solutions to
Ecodisaster Imaginaries in India: Essays in Critical Perspectives is a volume of critical essays that discuss and debate the literary and cultural representations of ecological/environmental disaster in India from the perspectives that are integral to postcolonial disaster studies and the environmental humanities. The essays offer theoretically informed readings of environmental fiction, nonfiction, and poetry among other contemporary literary genres that open our eyes to today’s burning issues of global warming, climate change, pollution of air and water bodies, deforestation, and species extinction. The volume addresses the staunch ecological consciousness reflected in Rabindranath Tagore’s writings from the early twentieth century, indigenous responses to ecodisaster, and the portrayal of ecodisaster in selected Indian movies which raise questions of human rights violations in the face of manmade disaster and environmental crisis.
This book examines the current status of environmental human rights at the international, regional, and national levels and provides a critical analysis of possible future developments in this area, particularly in the context of a changing climate. It examines various conceptualisations of environmental human rights, including procedural rights relating to the environment, constitutional environmental rights, the environmental dimensions of existing human rights such as the rights to water, health, food, housing and life, and the notion of a stand-alone human right to a healthy environment. The book addresses the topic from a variety of perspectives, drawing on underlying theories of human ...
The phenomenon of 'suicide tourism', where people travel to other countries to receive assistance in committing suicide because their national laws do not permit such a procedure, is becoming increasingly prevalent. This book offers a theoretical investigation of the issues that arise and provides a detailed appraisal of the situation worldwide.
This original book analyses and reimagines the concept of sustainable development in international law from a non-Western legal perspective. Built upon the intersection of law, politics, and history in the context of Africa, its peoples and their experiences, customary law and other legal cosmologies, this ground-breaking study applies a critical legal analysis to Africa's interaction with conceptualising and operationalising sustainable development. It proposes a turn to non-Western legal normativity as the foundational principle for reimagining sustainable development in international law. It highlights eco-legal philosophies and principles in remaking sustainable development where ecological integrity assumes a central focus in the reimagined conceptualisation and operationalisation of sustainable development. While this pioneering book highlights Africa as its analytical pivot, its arguments and proposals are useful beyond Africa. Connecting global discourses on nature, the environment, rights and development, Godwin Eli Kwadzo Dzah illuminates our current thinking on sustainable development in international law.
This book examines the impact of water-related subsidies on social and distributive equity and environmental sustainability in groundwater access and regulation in India. This book argues that adopting a water justice framework is essential to ensure equitable and sustainable access to and regulation of groundwater by balancing anthropogenic and ecological water needs. The inherent inequity resulting from property rights-controlled groundwater access gets widened by the social, political, and economic factors determining the subsidy beneficiaries. Adopting a socio-legal approach, this book draws on two contrasting case studies in India: Kerala, a water-secure state, and Rajasthan, an arid st...
This book provides a comprehensive overview of the development of international cultural heritage law and policy since 1945. It sets out the international (including regional) law currently governing the protection and safeguarding of cultural heritage in peace time, as well as international cultural policy-making. In addition to analyzing the relevant legal frameworks, it focuses on the broader policy and other contexts within which and in response to which this law has developed. Following this approach, attention is paid to: introducing international cultural heritage law and its place in international law generally; illicit excavation and the illegal trade in archaeological finds; protec...
Environmental law is evolving from negotiating and prescribing environmental policies to enforcing time-bound, measurable and achievable goals in order to secure a sustainable future. This pertinent and thought-provoking book analyzes the legal instruments that have been successful in working towards requisite targets for ecological sustainability. Featuring contributions from leading scholars, this insightful book discusses the future challenges and innovative applications of environmental law to assist in achieving sustainability goals in an efficient and timely manner.