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Research Handbook on Fundamental Concepts of Environmental Law
This expanded and updated Research Handbook delivers an authoritative and in-depth guide to the conceptual foundations of environmental law. It offers a nuanced reflection on the underlying principles by exploring issues such as human rights, constitutional rights, sustainable development and environmental impact assessment within the context of environmental law.
Ethics and climate change
Climate change is the most significant moral and environmental issue of our time. This project seeks to help deepen explicit ethical reflection around the world on national responses to climate change by developing a publicly available record on national compliance with ethical obligations for climate change similar to the reports that are now available on national compliance with human rights obligations.
Politics, Philosophy, Culture
The late Michael Foucault left behind an impressive collection of interviews that demonstrate the breadth and diversity of his concerns and offer a unique opportunity to come to terms with the entire body of his work.
Human Health and Ecological Integrity
The connection between environment and health has been well studied and documented, particularly by the World Health Organization. It is now being included in some legal instruments, although for the most part caselaw does not explicitly make that connection. Neither the right to life nor the rights to health or to normal development are actually cited in the resolution of cases and in judges' decisions. This volume makes the connection explicit in a broad review of human rights and legal issues associated with public health and the environment. It will be particularly useful as many legal instruments emphasize the right to 'development' without fully discussing the necessary safety and public health aspects, and the respect for the ecology of any area where such 'development' (often unwanted by local or indigenous communities) is to be located. Climate change is another pressing variable that is considered, and several chapters address the interface between human health and ecological conditions. Overall the book integrates perspectives from a wide range of disciplines, including ethics, ecology, public health and epidemiology, and human rights and law.
Earth Governance
The predicament of uncontrolled growth in a finite world puts the global commons Ð such as oceans, atmosphere, and biosphere Ð at risk. So far, states have not found the means to protect what, essentially, is outside their jurisdiction. However, the ju
Reconciling Human Existence with Ecological Integrity
'The ecological challenge demands a paradigm shift in our thinking about the human-environment relation. Reconciling Human Existence with Ecological Integrity provides a ?state of the art? account of work on ecological integrity - and offers a compelling vision for the future.' Derek Bell, Senior Lecturer at the School of Geography, Politics and Sociology, University of Newcastle ?A book of vast scope and richness ...If policymakers around the world took notice of this insightful set of messages, we would all live with greater happiness, health, and wellbeing, with a brighter future for our children and grandchildren.' Lawrence O. Gostin, O?Neill Professor of Global Health Law, Georgetown Un...
The Pursuit of a Brave New World in International Law
The Pursuit of a Brave New World in International Law presents critical perspectives on various inter-related themes in the areas of human rights, international law, terrorism and international criminal justice. The discussions reflect the wide-ranging subjects that John Dugard has engaged with over the last five decades as an international law scholar, teacher and judge. The essays pay homage to Professor Dugard’s impressive body of work as both a theorist and practitioner of international law and international human rights law. While some of the discussions in the volume critically examine his views, as expressed in his academic writings, judicial opinions and official United Nations reports, others deal with subjects that have been inspired by or are related to Dugard’s work. Contributors are: Neil Boister, Trevor P. Chimimba, James Crawford, David Dyzenhaus, Christopher Greenwood, Larissa van den Herik, Christof Heyns, Maurice Kamto, Tiyanjana Maluwa, Max du Plessis, Thomas Probert, Arnold Pronto, Philippe Sands, William A. Schabas, Ivan Shearer, Hennie Strydom, Mia Swart, Dire Tladi, Annemarieke Vermeer-Künzli and Abdulqawi Yusuf.
The Green State
What would constitute a definitively "green" state? In this important new book, Robyn Eckersley explores what it might take to create a green democratic state as an alternative to the classical liberal democratic state, the indiscriminate growth-dependent welfare state, and the neoliberal market-focused state—seeking, she writes, "to navigate between undisciplined political imagination and pessimistic resignation to the status quo." In recent years, most environmental scholars and environmentalists have characterized the sovereign state as ineffectual and have criticized nations for perpetuating ecological destruction. Going consciously against the grain of much current thinking, this book...
Global Climate Constitutionalism “from below”
Global climate constitutionalism is seen as a possible legal answer to the social and political unwillingness of states to effectively tackle climate change as a global problem. The constitutionalisation of international climate law is supposed to ensure greater participation of non-state actors such as NGOs or individuals and a rollback of state sovereignty where states do not care about meeting their climate commitments. This book addresses the question of whether non-state actors such as NGOs or individuals create international climate law through so-called climate change litigation. Against the background of Peter Häberle's theory of the “open society of constitutional interpreters”, four selected cases (Urgenda v Netherlands, Leghari v Pakistan, Juliana v United States of America, Future Generations v Colombia) are used to examine how actors not formally recognized as subjects of international law (re)interpret national and international law and thereby contribute to the constitutionalisation of the international climate law regime.
Axial Shift
This book uses historical analysis, constitutional economics, and complexity theory to furnish an account of city subsidiarity as a legal, ethical, political, and economic principle. The book contemplates subsidiarity as a constitutional principle, where cities would benefit from much wider local autonomy. Constitutional economics suggests an optimal limit to jurisdictional footprints (territories). This entails preference for political orders where sovereignty is shared between different cities rather states where capital cities dominate. The introduction of city subsidiarity as a constitutional principle holds the key to economic prosperity in a globalizing world. Moreover, insights from c...
