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Research Handbook on Law, Environment and the Global South
This comprehensive Research Handbook offers an innovative analysis of environmental law in the global South and contributes to an important reassessment of some of its major underlying concepts. The Research Handbook discusses areas rarely prioritized in environmental law, such as land rights, and underlines how these intersect with issues including poverty, livelihoods and the use of natural resources, challenging familiar narratives around development and sustainability in this context and providing new insights into environmental justice.
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Critical Acclaim
Contributors
Contents
More Information
This comprehensive Research Handbook offers an innovative analysis of environmental law in the global South. It contributes to an important reassessment of some of the major concepts underlying environmental law, from a perspective that emphasises how their application affects poor and marginalised people as well as the wider ecosystems in which they live.
Through legal analysis of environmental issues themselves, rather than the often limited discussion of existing legal instruments, this Research Handbook discusses areas rarely prioritised in environmental law, such as land rights, and underlines how these intersect with issues including poverty, livelihoods and the use of natural resources. Featuring contributors largely from, or working in, the global South with a variety of approaches and backgrounds, the Research Handbook challenges familiar narratives around development and sustainability in this context and provides new insights into environmental rights and justice.
Researchers and postgraduate students will find this Research Handbook’s unique perspective invaluable, particularly in the context of a growing interest in ‘people-centric’ environmental law. Policymakers and activists in the global South will also be interested in its analysis of key issues and suggestions for alternative models and future policy.
Through legal analysis of environmental issues themselves, rather than the often limited discussion of existing legal instruments, this Research Handbook discusses areas rarely prioritised in environmental law, such as land rights, and underlines how these intersect with issues including poverty, livelihoods and the use of natural resources. Featuring contributors largely from, or working in, the global South with a variety of approaches and backgrounds, the Research Handbook challenges familiar narratives around development and sustainability in this context and provides new insights into environmental rights and justice.
Researchers and postgraduate students will find this Research Handbook’s unique perspective invaluable, particularly in the context of a growing interest in ‘people-centric’ environmental law. Policymakers and activists in the global South will also be interested in its analysis of key issues and suggestions for alternative models and future policy.
Critical Acclaim
‘The book is a timely and essential contribution to the literature on environment policy, due in no small part to its insistence on speaking with the voice of the Global South on such matters, in a way that often conflicts with prevailing narratives from forces of globalization and neoliberalism, and on challenging the premise of sustainable development and unlimited growth.’
– Christopher Atkinson, International Journal of Public Administration
‘Professors Cullet and Koonan have assembled an impressive array of scholars from the global South for this state of the art Research Handbook. It takes the perspective that efforts to sustain the ecological basis of all life must first consider the lives of poor and marginalised people who are often further harmed by the rules that should protect them. As such, it is invaluable for the reader looking for a guide to sustaining and synergising human and nonhuman ecologies in the twenty-first century.’
– David Takacs, University of California College of the Law, San Francisco, US
‘Environmental law has often adopted an ahistorical, technocratic approach to environmental protection that neglects the relationship between the abuse of nature and the exploitation and subordination of human beings. This book gives voice to the perspectives and priorities of marginalised communities in the South and the North, and places justice at the centre rather than the periphery of environmental law and policy.’
– Carmen G. Gonzalez, Seattle University, US
– Christopher Atkinson, International Journal of Public Administration
‘Professors Cullet and Koonan have assembled an impressive array of scholars from the global South for this state of the art Research Handbook. It takes the perspective that efforts to sustain the ecological basis of all life must first consider the lives of poor and marginalised people who are often further harmed by the rules that should protect them. As such, it is invaluable for the reader looking for a guide to sustaining and synergising human and nonhuman ecologies in the twenty-first century.’
– David Takacs, University of California College of the Law, San Francisco, US
‘Environmental law has often adopted an ahistorical, technocratic approach to environmental protection that neglects the relationship between the abuse of nature and the exploitation and subordination of human beings. This book gives voice to the perspectives and priorities of marginalised communities in the South and the North, and places justice at the centre rather than the periphery of environmental law and policy.’
– Carmen G. Gonzalez, Seattle University, US
Contributors
Contributors: S. Adelman, U. Baxi, V. Bhagat-Ganguly, S. Bhattacharjee, L. Bhullar, C.R. Bijoy, P. Cullet, J. Dehm, B. Gebremichael, K. Gill, S. Gopalakrishnan, E. Grant, M. Gupta, T. Kaime, P. Kameri-Mbote, A.H. Khan, M. Kidd, K. Kohli, S. Koonan, A. Kothari, L.J. Kotzé, F. Lesniewska, L. Lohmann, M. Menon, F. Padel, U. Ramanthan, J. Razzaque, G. Sahu, P. Sampat
Contents
Contents:
Introduction to the Research Handbook on Law, Environment and the Global
South xvi
Philippe Cullet and Sujith Koonan
PART I QUESTIONING THE CONCEPTS OF DEVELOPMENT AND
SUSTAINABILITY
1 Intergenerational justice, water rights, and climate change 2
Upendra Baxi
2 Justice, development and sustainability in the Anthropocene 14
Sam Adelman
3 Neoliberalism, law and nature 32
Larry Lohmann
4 Radical well-being alternatives to development 64
Ashish Kothari
PART II ENVIRONMENTAL RIGHTS, ENVIRONMENTAL JUSTICE
AND ACCESS TO REMEDIES
5 Environmental rights in the Global South 86
Louis J. Kotzé and Evadne Grant
6 North-South transboundary movement of hazardous wastes – the Basel Ban
and environmental justice 109
Julia Dehm and Adil Hasan Khan
7 The Bhopal case: retrospect and prospect 138
Usha Ramanathan
PART III LAND USE, ACQUISITION AND DISPOSSESSION
8 Land rights, poverty, and livelihoods: the case of Ethiopia 147
Brightman Gebremichael
9 Wildlife conservation and land rights in Kenya: competing or
complementary agendas? 169
Patricia Kameri-Mbote
10 Land-grabs and dispossession in India: laws of value 190
Preeti Sampat
PART IV FORESTS: A CONTESTED RESOURCE OR COMMODITY
11 Environmental impact assessment in the context of mangrove forest
ecosystem management in Bangladesh: a case study of Rampal coal
power plant project 207
Jona Razzaque
12 Forests, people and poverty: failing to reform the global development
paradigm 231
Feja Lesniewska
13 Access to and control over forest resources – the case of the Forest
Rights Act, 2006 in India 249
Shankar Gopalakrishnan
PART V INDIGENOUS PEOPLES: RESOURCE USE, CONSERVATION,
LIVELIHOODS AND RIGHTS
14 Forest rights and tribals in mineral rich areas of India: the Vedanta case
and beyond 272
Geetanjoy Sahu
15 Conservation and livelihoods: conflicts or convergence? 286
CR Bijoy
PART VI ENERGY AND THE ENVIRONMENT
16 International energy policy for development: human rights and sustainable
development law imperatives 305
Thoko Kaime
17 Nuclear energy and liability: an environmental perspective 322
Saurabh Bhattacharjee
PART VII WATER: PRIVATISATION, DEVELOPMENT AND HUMAN
RIGHTS
18 Realisation of the right to water: lessons from South Africa 348
Michael Kidd
19 Dams and displacement: the case of the Sardar Sarovar Project, India 371
Varsha Bhagat-Ganguly
20 Wastewater reuse in irrigated agriculture in urban and peri-urban India:
a farmers’ rights perspective 396
Lovleen Bhullar
PART VIII COMMERCIAL AND INDUSTRIAL USE OF RESOURCES
AND EQUITY
21 Mining, development and environment in India 413
Felix Padel and Malvika Gupta
22 Environment impact assessment in India: contestations over regulating
development 435
Manju Menon and Kanchi Kohli
23 The informal waste sector: ‘surplus’ labour, detritus, and the right to the
post-colonial city 452
Kaveri Gill
Index 477
Introduction to the Research Handbook on Law, Environment and the Global
South xvi
Philippe Cullet and Sujith Koonan
PART I QUESTIONING THE CONCEPTS OF DEVELOPMENT AND
SUSTAINABILITY
1 Intergenerational justice, water rights, and climate change 2
Upendra Baxi
2 Justice, development and sustainability in the Anthropocene 14
Sam Adelman
3 Neoliberalism, law and nature 32
Larry Lohmann
4 Radical well-being alternatives to development 64
Ashish Kothari
PART II ENVIRONMENTAL RIGHTS, ENVIRONMENTAL JUSTICE
AND ACCESS TO REMEDIES
5 Environmental rights in the Global South 86
Louis J. Kotzé and Evadne Grant
6 North-South transboundary movement of hazardous wastes – the Basel Ban
and environmental justice 109
Julia Dehm and Adil Hasan Khan
7 The Bhopal case: retrospect and prospect 138
Usha Ramanathan
PART III LAND USE, ACQUISITION AND DISPOSSESSION
8 Land rights, poverty, and livelihoods: the case of Ethiopia 147
Brightman Gebremichael
9 Wildlife conservation and land rights in Kenya: competing or
complementary agendas? 169
Patricia Kameri-Mbote
10 Land-grabs and dispossession in India: laws of value 190
Preeti Sampat
PART IV FORESTS: A CONTESTED RESOURCE OR COMMODITY
11 Environmental impact assessment in the context of mangrove forest
ecosystem management in Bangladesh: a case study of Rampal coal
power plant project 207
Jona Razzaque
12 Forests, people and poverty: failing to reform the global development
paradigm 231
Feja Lesniewska
13 Access to and control over forest resources – the case of the Forest
Rights Act, 2006 in India 249
Shankar Gopalakrishnan
PART V INDIGENOUS PEOPLES: RESOURCE USE, CONSERVATION,
LIVELIHOODS AND RIGHTS
14 Forest rights and tribals in mineral rich areas of India: the Vedanta case
and beyond 272
Geetanjoy Sahu
15 Conservation and livelihoods: conflicts or convergence? 286
CR Bijoy
PART VI ENERGY AND THE ENVIRONMENT
16 International energy policy for development: human rights and sustainable
development law imperatives 305
Thoko Kaime
17 Nuclear energy and liability: an environmental perspective 322
Saurabh Bhattacharjee
PART VII WATER: PRIVATISATION, DEVELOPMENT AND HUMAN
RIGHTS
18 Realisation of the right to water: lessons from South Africa 348
Michael Kidd
19 Dams and displacement: the case of the Sardar Sarovar Project, India 371
Varsha Bhagat-Ganguly
20 Wastewater reuse in irrigated agriculture in urban and peri-urban India:
a farmers’ rights perspective 396
Lovleen Bhullar
PART VIII COMMERCIAL AND INDUSTRIAL USE OF RESOURCES
AND EQUITY
21 Mining, development and environment in India 413
Felix Padel and Malvika Gupta
22 Environment impact assessment in India: contestations over regulating
development 435
Manju Menon and Kanchi Kohli
23 The informal waste sector: ‘surplus’ labour, detritus, and the right to the
post-colonial city 452
Kaveri Gill
Index 477
