A Research Agenda for Human Rights and the Environment

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A Research Agenda for Human Rights and the Environment

9781800379374 Edward Elgar Publishing
Edited by Dina Lupin, Lecturer in Law, University of Southampton Law School, UK, and Director, Global Network for Human Rights and the Environment
Publication Date: 2023 ISBN: 978 1 80037 937 4 Extent: 286 pp
This important book creatively explores and uncovers new ways of understanding the intersections between human rights and the environment, as well as introducing readers to the ways in which we can use new methodologies, case studies and approaches in human rights to address environmental issues.

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Critical Acclaim
Contributors
Contents
More Information
Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary. Forward-looking and innovative, Elgar Research Agendas are an essential resource for PhD students, scholars and anybody who wants to be at the forefront of research.

This important book creatively explores and uncovers new ways of understanding the intersections between human rights and the environment, as well as introducing readers to the ways in which we can use new methodologies, case studies and approaches in human rights to address environmental issues.

Interdisciplinary in nature, this Research Agenda recognises and engages with the short-comings and problematic framings of traditional approaches to human rights and environmental law. Keeping these limits and failings unflinchingly in view, it identifies potential opportunities to maximise the law’s effectiveness, providing readers with a thought-provoking agenda for future research. Contributions also call for resistant, transformative and inclusive research and practice in the area of human rights and the environment, using human rights law to center the knowledge, practices, laws and priorities of marginalised groups in addressing environmental injustice.

This dynamic Research Agenda will be an essential tool for PhD students and scholars in international law, environmental law and human rights, as well as providing a springboard for geographers and anthropologists to further their knowledge of the evolving interface between human rights and the environment.
Critical Acclaim
‘Organized around four themes – repositioning, reinventing, relocating, and rethinking human rights – Dina Lupin skillfully brings together a diverse array of essays by an impressive group of scholars to give the reader a flavor of this burgeoning area of international law, made even more significant by the UN General Assembly resolution recognizing a clean, healthy and sustainable environment as a human right and the worsening climate crisis. An important contribution to the scholarship on human rights and the environment.’
– Sumudu Atapattu, University of Wisconsin Law School, US
Contributors
Contributors: Sarah L. Bell, Céline Brassart Olsen, Miriam Cullen, Jackie Dugard, Anna F. Laing, Dina Lupin, Amanda Lyons, Elizabeth Mills, Daphina Misiedjan, Linnéa Nordlander, Nisha Sikka, Tina Sikka, Ana María Suarez Franco, Leo Townsend, Natalia Urzola Gutiérrez, Clive Vinti
Contents
Contents:

1 Introduction: A Research Agenda for Human
Rights and the Environment 1
Dina Lupin

PART I REPOSITIONING MARGINALISED EPISTEMIC
AND EXPERIENTIAL CONTRIBUTIONS
2 Towards a disability-inclusive environment and
human health research agenda 13
Sarah L. Bell
3 Indigenous Peoples’ rights and the politics of
climate change 31
Anna F. Laing
4 A critical peasants’ rights perspective for human
rights and the environment: Leveraging the UN
Declaration on the Rights of Peasants 55
Amanda Lyons and Ana María Suárez Franco

PART II REINVENTING HUMAN RIGHTS TOOLS AND
APPROACHES
5 Racial segregation, water disconnection and
human rights litigation: An examination of the use
of law to challenge structural racism in Detroit
and Johannesburg 81
Jackie Dugard
6 The right to consultation is a right to be heard 103
Dina Lupin and Leo Townsend
7 Rethinking ‘vulnerability’: Widening the scope to
conceptualize ‘vulnerability’ for the human right
to water 123
Daphina Misiedjan

PART III RELOCATING RIGHTS IN OVERLOOKED SPACES
8 Climate change and human rights in the overseas
colonized territories of the state 143
Miriam Cullen and Céline Brassart Olsen
9 Human rights law as a gap-filler: The invisibility of
climate vulnerability in international climate change law 159
Linnéa Nordlander

PART IV RETHINKING HUMAN RIGHTS AND THE
ENVIRONMENT
10 Indigenous knowledge and new materialism 181
Tina Sikka, Elizabeth Mills and Nisha Sikka
11 Decoloni-zation/ality of ‘protected areas’:
A South African perspective 209
Clive Vinti
12 The human right to a healthy environment and
the rights of racialized groups: Applying critical
race theory as a framework for (re)constructing
environmental rights through foundational
transformation 231
Natalia Urzola Gutiérrez

Index 253
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