Hardback
Human Rights and the Environment
Legality, Indivisibility, Dignity and Geography
9781788111454 Edward Elgar Publishing
Much has been written, discussed, advocated and litigated about human rights and the environment over the last two decades. This comprehensive volume of the Elgar Encyclopedia of Environmental Law offers fresh perspectives to the conversation by focusing 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.
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Critical Acclaim
Contributors
Contents
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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.
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.
Critical Acclaim
‘This book demonstrates the rapidly changing nature of law and the environment in the new millennium and the dynamic capacity for moulding and reshaping legal concepts to enhance environmental protection. It provides an authoritative collection of scholarship that offers new perspectives on human rights and the environmen. This book is quite simply a work that postgraduate students, seasoned academics, judges and jurists will return to as a source of information and imagination.’
– Trevor Daya‑Winterbottom, Waikato Law Review
‘James R. May and Erin Daly, household names in global environmental constitutionalism, have produced a magnum opus on human rights and the environment. An encyclopedia studded with precious research, analysis and wisdom from eminent voices from all over the world. The timing of the publication is auspicious. It coincides with the first ever Report of the UN Secretary General on International Environmental Law towards a Global Pact for the Environment. The encyclopedia is a must have for all students and scholars of human dignity and sustainable development, and particularly for those that will, hopefully, craft the Global Pact for the Environment into hard law on the model of the International Covenants on Human Rights.’
– Parvez Hassan, IUCN World Commission on Environmental Law and Pakistan Environmental Law Association
‘Is the Environment about the birds and the bees, the flowers and the trees? Or is It about the vital organs of Life on Earth – the Land, Air, and Waters? (LAW). This marvelous work by James R. May and Erin Daly, and the contributors, world champions of the human right to Life and to the Sources of Life, could not be more timely. When we finally understand that the Environment is Life itself, then we will truly care for the LAW of Life that the Encyclopedia volume on Human Rights and the Environment envelops.’
– Antonio Oposa, Jr., Litigator, Educator, Organizer and Activist
‘James R. May and Erin Daly have curated a highly original analysis of Human Rights and the Environment through the lenses of legality, indivisibility, dignity and geography. The stellar array of authors offer their insights into the intersections between Human Rights and Environmental Constitutionalism, climate change, gender, property, water, biodiversity, energy and Indigenous rights, to mention a few. The intercontinental reach of the contributions is unique. The editors and contributors are to be congratulated on bringing this impressive and timely encyclopaedia to fruition.’
– Rosemary Lyster, University of Sydney, Australia
‘James R May and Erin Daly set out to create an ‘encyclopedia’ of human rights and the environment, and a stellar encyclopedic effort is what they have delivered. Divided into four major analytical parts covering the field, the May and Daly tome includes 44 contributions by world leading authorities. The volume is designed to not only capture the essence of the entries, but also to move our thinking forward – something vital in this important emerging area of law.’
– Donald K Anton, Griffith Law School, Australia
‘This excellent volume is highly recommended to everyone interested in human rights and environment and human rights in general. The authors, who are the leading experts in their fields offer challenging insights into human rights and the environment. This publication is especially timely after the seminal 2017 Advisory Opinion of the Inter-American Court of Human Rights on the extraterritorial application of environmental human rights. Although much has been written and debated about human rights and the environment, this encyclopedia has adopted a novel and original approach offering new insights into the debate by analyzing four subjects, which approach environmental human rights from different perspectives. Its analytical focus is on four overarching themes: the challenges of identifying the fundamental legal sources for the protection of human rights and the environment (legality), the recognition of the indivisibility of human rights and environmental law (indivisibility), the centrality of the right to human dignity as the lodestar of human rights law (dignity), and the uniqueness of geographic particularities (geography). I have no doubt that this volume of the encyclopedia, will be a very significant contribution to further development of knowledge in the field of environmental human rights due to its novel and challenging approach.”
– Malgosia Fitzmaurice, Queen Mary, University of London, UK
‘The link between the environment and human rights has been gradually recognized at national level, especially in developing countries. This encyclopedia pays much attention to the relationship between environmental protection and economic development in the perspective of human rights, and also provides insights and ways to achieve sustainable development which combines environment, development and human rights.’
– Qin Tianbao, Wuhan University, China
‘Further cementing their global academic leadership in the area of human rights and the environment, James May and Erin Daly have again managed to convene an illustrious group of experts around this critical issue. This important work comprehensively covers a broad range of pressing issues, providing as it does, current but critically reflective perspectives on the potential of human rights to contribute to a more sustainable future on Earth. It is an important contribution to the burgeoning literature on human rights and the environment.’
– Louis Kotzé, North-West University, South Africa
– Trevor Daya‑Winterbottom, Waikato Law Review
‘James R. May and Erin Daly, household names in global environmental constitutionalism, have produced a magnum opus on human rights and the environment. An encyclopedia studded with precious research, analysis and wisdom from eminent voices from all over the world. The timing of the publication is auspicious. It coincides with the first ever Report of the UN Secretary General on International Environmental Law towards a Global Pact for the Environment. The encyclopedia is a must have for all students and scholars of human dignity and sustainable development, and particularly for those that will, hopefully, craft the Global Pact for the Environment into hard law on the model of the International Covenants on Human Rights.’
– Parvez Hassan, IUCN World Commission on Environmental Law and Pakistan Environmental Law Association
‘Is the Environment about the birds and the bees, the flowers and the trees? Or is It about the vital organs of Life on Earth – the Land, Air, and Waters? (LAW). This marvelous work by James R. May and Erin Daly, and the contributors, world champions of the human right to Life and to the Sources of Life, could not be more timely. When we finally understand that the Environment is Life itself, then we will truly care for the LAW of Life that the Encyclopedia volume on Human Rights and the Environment envelops.’
– Antonio Oposa, Jr., Litigator, Educator, Organizer and Activist
‘James R. May and Erin Daly have curated a highly original analysis of Human Rights and the Environment through the lenses of legality, indivisibility, dignity and geography. The stellar array of authors offer their insights into the intersections between Human Rights and Environmental Constitutionalism, climate change, gender, property, water, biodiversity, energy and Indigenous rights, to mention a few. The intercontinental reach of the contributions is unique. The editors and contributors are to be congratulated on bringing this impressive and timely encyclopaedia to fruition.’
– Rosemary Lyster, University of Sydney, Australia
‘James R May and Erin Daly set out to create an ‘encyclopedia’ of human rights and the environment, and a stellar encyclopedic effort is what they have delivered. Divided into four major analytical parts covering the field, the May and Daly tome includes 44 contributions by world leading authorities. The volume is designed to not only capture the essence of the entries, but also to move our thinking forward – something vital in this important emerging area of law.’
– Donald K Anton, Griffith Law School, Australia
‘This excellent volume is highly recommended to everyone interested in human rights and environment and human rights in general. The authors, who are the leading experts in their fields offer challenging insights into human rights and the environment. This publication is especially timely after the seminal 2017 Advisory Opinion of the Inter-American Court of Human Rights on the extraterritorial application of environmental human rights. Although much has been written and debated about human rights and the environment, this encyclopedia has adopted a novel and original approach offering new insights into the debate by analyzing four subjects, which approach environmental human rights from different perspectives. Its analytical focus is on four overarching themes: the challenges of identifying the fundamental legal sources for the protection of human rights and the environment (legality), the recognition of the indivisibility of human rights and environmental law (indivisibility), the centrality of the right to human dignity as the lodestar of human rights law (dignity), and the uniqueness of geographic particularities (geography). I have no doubt that this volume of the encyclopedia, will be a very significant contribution to further development of knowledge in the field of environmental human rights due to its novel and challenging approach.”
– Malgosia Fitzmaurice, Queen Mary, University of London, UK
‘The link between the environment and human rights has been gradually recognized at national level, especially in developing countries. This encyclopedia pays much attention to the relationship between environmental protection and economic development in the perspective of human rights, and also provides insights and ways to achieve sustainable development which combines environment, development and human rights.’
– Qin Tianbao, Wuhan University, China
‘Further cementing their global academic leadership in the area of human rights and the environment, James May and Erin Daly have again managed to convene an illustrious group of experts around this critical issue. This important work comprehensively covers a broad range of pressing issues, providing as it does, current but critically reflective perspectives on the potential of human rights to contribute to a more sustainable future on Earth. It is an important contribution to the burgeoning literature on human rights and the environment.’
– Louis Kotzé, North-West University, South Africa
Contributors
Contributors: S. Adelman, N. Ahuja, C. Anant Malviya, A. Awal Khan, L. Benjamin, D. Bonilla Maldonado, R. Bratspies, C. Bruch, M. Burger, C. Butler, A. Carlson, C. Cournil, P. Coventry, E. Daly, K. Davies, R. Dhingra, R.J. Donato Quan, E. Gebre, C. Guneratne, A.M. Hammadeen, B. Hudson, C. Iorns Magallanes, V. Karageorgou, A. Kariuki, A. Kenmogne Simo, J.H. Knox, G.J. Kounga, A. Kreilhuber, S. Lamdan, R. Libel Waldman, K.E. Makuch, S.-J.-T. Manga, P. Martin, J.R. May, A. Mboya, S.O. McKenzie, M.A. Mekouar, D. Misiedjan, E. Mrema, R. Mwanza, D.S. Olawuyi, N. Osborne, O.W. Pedersen, J. Pendergrass, M.-C. Petersmann, M. Prieur, S.R. Rajan, L. Reins, J.M. Rivero Godoy, D.N. Scott, A. Solntsev, M. Stevenson, D.B. Suagee, A. Thomas, S.J. Turner, G. Van Hoorick, L. Vandenhende, J. Wentz, W. Yun Santoso
Contents
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
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
