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Rights of Nature in Europe
This book addresses the recognition of the Rights of Nature (RoN) in Europe, examining their conceptualisation and implementation. RoN refers to a diverse set of legal developments that seek to redefine Nature's status within the law, gradually emerging as a novel template for environmental protection. Countries like Ecuador and New Zealand, each with distinct histories and ways of dwelling in the world, have pioneered a new era in environmental governance by legally acknowledging rights or personhood for nature, ecosystems, and more-than-human populations. In recent years, Europe has witnessed growing interest in RoN, with academic, legislative, and political initiatives gaining momentum. A...
The Right to a Healthy Environment in and Beyond the Anthropocene
In light of the UN General AssemblyÕs recognition of the human right to a clean, healthy, and sustainable environment, this erudite book presents in-depth analyses of the concrete operationalization of this right at the regional, national, and international level.
Environmental Constitutionalism in the Anthropocene
This book examines the relationship between man and nature through different cultural approaches to encourage new environmental legislation as a means of fostering acceptance at a local level. In 2019, the International Union of Geological Sciences (IUGS) recognised that we have entered a new era, the Anthropocene, specifically characterised by the impact of one species, mankind, on environmental change. The Anthropocene is penetrating the discourse of both hard sciences and humanities and social sciences, by posing new epistemological as well as practical challenges to many disciplines. Legal sciences have so far been at the margins of this intellectual renewal, with few contributions on th...
Legal Geography
This book invites readers to critically rethink the interrelations between geography and the law. Traditionally, legal-geographical interrelations have been dominated by scholars with backgrounds in geopolitics, economics, or geography. More recently, a new interdisciplinary approach has been developed with the aim of offering a fresh perspective on how law and geography intersect. There has been a steady growth in cross-disciplinary research in this field; how legal-geographical taxonomies interrelate has attracted attention from scholars and academics with a diverse range of backgrounds – namely, law, anthropology, and human/physical geography –, thus giving rise to several publication...
Minority Rights and Social Change
Minority movements tirelessly continue to engage in the process of social change, trying to promote and enforce minority protection norms and to have their world views, cultural practices, and norms recognized by the state. Through an examination of selected cases, this book problematizes how collective identities are not structurally guaranteed but rather constructed in dialectically interrelated positions and identity layers. The authors show the kind of impact that these processes can, or fail to, have on minority norms, actors, and strategies. Going beyond abstract normative principles, this collection reflects both Global North as well as Global South perspectives and examines through a variety of angles the role that race and ethnicity, culture, or religion play within social mobilization towards social change. The volume offers global insight on actor and strategy attempts to foster social change through the instrumental use and interpretation of minority rights as norms. This book will be of interest to those researching minority rights broadly understood within the disciplines of law, anthropology, sociology, and political science.
Europe in Law and Literature
Europe is a broad and multifaceted construct, variously understood as a geographical, political, legal, institutional, social, or cultural formation. It is characterized by numerous conflicts and processes of negotiation that have accompanied or sustained the development of normative orders and divergent conceptions of law, both in relation to individual states and to Europe as a whole. The same applies to the field of literature, language, and aesthetics; numerous myths and ideologies have shaped today’s understanding of Europe and still support it today. This volume examines how such processes were legally structured, and literarily addressed, criticized, and complemented. Its interdisci...
Islands in Geography, Law, and Literature
This collection explores the heterogeneous places we have traditionally been taught to term ‘islands.’ It stages a conversation on the very idea of ‘island-ness’, thus contributing to a new field of research at the crossroads of law, geography, literature, urban planning, politics, arts, and cultural studies. The contributions to this volume discuss the notion of island-ness as a device triggering the imagination, triggering narratives and representations in different creative fields; they explore the interactions between legal, socio-political, and fictional approaches to remoteness and the ‘state of insularity,’ policy responses to both remoteness and boundaries on different scales, and the insular legal framing of geographical remoteness. The product of a cross-disciplinary exchange on islands, this edited volume will be of great interest to those working in the fields of Island Studies, as well as literary studies scholars, geographers, and legal scholars.
The Indian Yearbook of Comparative Law 2020
This yearbook is a compilation of thematically arranged essays that critically analyse emerging developments, issues, and perspectives in the field of comparative law. It comprises three parts wherein the first part focuses on public law and its related issues, the second part engages with issues in the field of private law, and the third part discusses general themes in comparative law. The yearbook includes papers on comparative study between universalism and Asian exceptionalism under human rights perspective, reclaiming the German concept of the rule of law “Rechtsstaat”, the Guarantee Clause in global constitutionalism, administrative justice, constitution and culture, and the categ...
Local Governance in Multi-Layered Systems
The book provides a comprehensive analysis of local government in federations. It fills the gap in current legal research and positions local government in federal studies through the lenses of comparative law, adopting a more nuanced approach to local government. The book considers the shortcomings between the black-letter constitution and its operational rules. Whether (and how) the regime of local government is implemented is more relevant than its formal-but-ineffective recognition. The comparative survey discloses the variety local institutions take in different federal contexts. Divided into three parts, the book comprises chapters investigating local government in systems that, to var...
Human Rights and the Environment in Africa
The relationship between human rights and the environment, as evidenced by the recent UN Resolution on the human right to a healthy environment, is a topical, fascinating, uneasy, and increasingly urgent one. This timely collection explores the inextricable relationship between human rights and the environment as a critical lens for understanding and addressing key human rights and environmental issues confronting Africa. The work explores theoretical, philosophical, doctrinal, and empirical research to interrogate and provide clarity on how and whether the human rights-based approach to environmental protection and policy implications has been effective in enhancing environmental protection...
