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Research Handbook on Human Rights and the Environment
Bringing together leading international scholars in the field, this Research Handbook interrogates, from various angles and positions, the fractious relationship between human rights and the environment and between human rights and environmental law. The Handbook provides researchers and students with a fertile source of reflection and engagement with this most important of contemporary legal relationships. Law’s complex role in the mediation of the relationship between humanity and the living order is richly reflected in this timely and authoritative collection.
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Critical Acclaim
Contributors
Contents
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Bringing together leading international scholars in the field, this authoritative Handbook combines critical and doctrinal scholarship to illuminate some of the challenging tensions in the legal relationships between humans and the environment, and human rights and environment law.
The accomplished contributors provide researchers and students with a rich source of reflection and engagement with the topic. Split into five parts, the book covers epistemologies, core values and closures, constitutionalisms, universalisms and regionalisms, with a final concluding section exploring major challenges and alternative futures.
An essential resource for students and scholars of human rights law, the volume will also be of significant interest to those in the fields of environmental and constitutional law.
The accomplished contributors provide researchers and students with a rich source of reflection and engagement with the topic. Split into five parts, the book covers epistemologies, core values and closures, constitutionalisms, universalisms and regionalisms, with a final concluding section exploring major challenges and alternative futures.
An essential resource for students and scholars of human rights law, the volume will also be of significant interest to those in the fields of environmental and constitutional law.
Critical Acclaim
‘Professors Grear and Kotzé have masterfully fashioned a landmark work on human rights and the natural environment. This Research Handbook is more than just a library of current ideas about this important topic; it is an intellectual tour de force that stimulates new thinking on the place of social justice and moral responsibility in the Anthropocene.’
– Benjamin J. Richardson, University of Tasmania, Australia
‘As the connections between human rights and the environment become deeper and broader, this Handbook offers an indispensable point of reference. A seriously impressive group of scholars addresses a seriously interesting range of themes that inform and challenge the totality of our understanding.’
– Philippe Sands, University College London, UK
– Benjamin J. Richardson, University of Tasmania, Australia
‘As the connections between human rights and the environment become deeper and broader, this Handbook offers an indispensable point of reference. A seriously impressive group of scholars addresses a seriously interesting range of themes that inform and challenge the totality of our understanding.’
– Philippe Sands, University College London, UK
Contributors
Contributors: S. Adelman, U. Beyerlin, K. Bosselmann, D.R Boyd, P.D. Burdon, L. Code, L. Collins, S. Coyle, C.G Gonzalez, E. Grant, A. Grear, E. Hey, C.J. Iorns Magallanes, B. Jessup, A. Jones, A. A. Khavari, L.J. Kotzé, R. Lyster, K. Morrow, A. Philippopoulos-Mihalopoulos, W. Scholtz, P. Simons, S. Thériault, F. Venter
Contents
Contents:
1. An Invitation to Epistemic Travellers – Towards Future Worlds in Waiting: Human Rights and the Environment in the Twenty-first Century
Anna Grear and Louis J. Kotzé
PART I EPISTEMOLOGIES
2. Epistemologies of Mastery
Sam Adelman
3. Epistemologies of Doubt
Andreas Philippopoulos-Mihalopoulos
4. Ecological Subjectivities, Responsibilities, and Agency
Lorraine Code
PRAT II CORE VALUES AND CLOSURES
5. Environmental Human Rights: A Constructive Critique
Peter D. Burdon
6. The Closures of Legal Subjectivity: Why Examining ‘Law’s Person’ is Critical to an Understanding of Injustice in an Age of Climate Crisis
Anna Grear
7. Property Rights, Environmental Justice and Worldly Order – Lessons from Natural Law
Sean Coyle
8. Re-imagining the Role of the Sovereign State and Individual Rights in Mitigating the Effects of the Deterioration of the Environment
Francois Venter
PART III CONSTITUTIONALISMS AND INTERNATIONALISMS
9. Human Rights and the Environment through an Environmental Constitutionalism Lens
Louis J. Kotzé
10. Constitutions, Human Rights and the Environment: National Approaches
David R. Boyd
11. Sustainability, Environmental Citizenship Rights and the Ongoing Challenges of Reshaping Supranational Environmental Governance
Karen Morrow
12. The United Nations, Human Rights and the Environment
Lynda Collins
PART IV REGIONALISMS
Regionalisms 1: Troubled Conversations?
13. In One Ear and Out the Other: Human Rights Consultations and Environmental Discourses for Human Rights in Australasia
Brad Jessup and Annette Jones
14. Reflecting on Cosmology and Environmental Protection: Maori Cultural Rights in Aotearoa New Zealand
Catherine J. Iorns Magallanes
15. Environmental Justice and the Inter-American Court of Human Rights
Sophie Thériault
Regionalisms 2: Participations?
16. Aligning International Environmental Governance with the ‘Aarhus Principles’ and Participatory Human Rights
Ulrich Beyerlin
17. The Interaction Between Human Rights and the Environment in the European ‘Aarhus Space’
Ellen Hey
Regionalisms 3: Receptivities?
18. International Courts and Environmental Human Rights: Re-Imagining Adjudicative Paradigms
Evadne Grant
19. Human Rights and the Environment in the African Union Context
Werner Scholtz
PART V THE FUTURE WE WANT?
20. Protecting the Human Rights of Climate Displaced Persons: The Promise and Limits of the United Nations Framework Convention on Climate Change
Rosemary Lyster
21. Human Rights, Environmental Justice, and the North-South Divide
Carmen G. Gonzalez
22. Selectivity in Law-Making: Regulating Extraterritorial Environmental Harm and Human Rights Violations by Transnational Extractive Corporations Penelope Simons
23. Ecosystem Services, Fear and the Subjects of Environmental Human Rights
Afshin Akhtar Khavari
24. Environmental and Human Rights in Ethical Context
Klaus Bosselmann
Index
1. An Invitation to Epistemic Travellers – Towards Future Worlds in Waiting: Human Rights and the Environment in the Twenty-first Century
Anna Grear and Louis J. Kotzé
PART I EPISTEMOLOGIES
2. Epistemologies of Mastery
Sam Adelman
3. Epistemologies of Doubt
Andreas Philippopoulos-Mihalopoulos
4. Ecological Subjectivities, Responsibilities, and Agency
Lorraine Code
PRAT II CORE VALUES AND CLOSURES
5. Environmental Human Rights: A Constructive Critique
Peter D. Burdon
6. The Closures of Legal Subjectivity: Why Examining ‘Law’s Person’ is Critical to an Understanding of Injustice in an Age of Climate Crisis
Anna Grear
7. Property Rights, Environmental Justice and Worldly Order – Lessons from Natural Law
Sean Coyle
8. Re-imagining the Role of the Sovereign State and Individual Rights in Mitigating the Effects of the Deterioration of the Environment
Francois Venter
PART III CONSTITUTIONALISMS AND INTERNATIONALISMS
9. Human Rights and the Environment through an Environmental Constitutionalism Lens
Louis J. Kotzé
10. Constitutions, Human Rights and the Environment: National Approaches
David R. Boyd
11. Sustainability, Environmental Citizenship Rights and the Ongoing Challenges of Reshaping Supranational Environmental Governance
Karen Morrow
12. The United Nations, Human Rights and the Environment
Lynda Collins
PART IV REGIONALISMS
Regionalisms 1: Troubled Conversations?
13. In One Ear and Out the Other: Human Rights Consultations and Environmental Discourses for Human Rights in Australasia
Brad Jessup and Annette Jones
14. Reflecting on Cosmology and Environmental Protection: Maori Cultural Rights in Aotearoa New Zealand
Catherine J. Iorns Magallanes
15. Environmental Justice and the Inter-American Court of Human Rights
Sophie Thériault
Regionalisms 2: Participations?
16. Aligning International Environmental Governance with the ‘Aarhus Principles’ and Participatory Human Rights
Ulrich Beyerlin
17. The Interaction Between Human Rights and the Environment in the European ‘Aarhus Space’
Ellen Hey
Regionalisms 3: Receptivities?
18. International Courts and Environmental Human Rights: Re-Imagining Adjudicative Paradigms
Evadne Grant
19. Human Rights and the Environment in the African Union Context
Werner Scholtz
PART V THE FUTURE WE WANT?
20. Protecting the Human Rights of Climate Displaced Persons: The Promise and Limits of the United Nations Framework Convention on Climate Change
Rosemary Lyster
21. Human Rights, Environmental Justice, and the North-South Divide
Carmen G. Gonzalez
22. Selectivity in Law-Making: Regulating Extraterritorial Environmental Harm and Human Rights Violations by Transnational Extractive Corporations Penelope Simons
23. Ecosystem Services, Fear and the Subjects of Environmental Human Rights
Afshin Akhtar Khavari
24. Environmental and Human Rights in Ethical Context
Klaus Bosselmann
Index
