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Gandhi’S Nightmare: Bhopal And The Need For A Mindful Jurisprudence, Nehal A. Patel
Gandhi’S Nightmare: Bhopal And The Need For A Mindful Jurisprudence, Nehal A. Patel
Nehal A. Patel
No abstract provided.
If You Had A Fundamental Human Right To A Particular Environment, What Would That Look Like?, Carter Dillard
If You Had A Fundamental Human Right To A Particular Environment, What Would That Look Like?, Carter Dillard
Carter Dillard
Many environmentalists believe that because the earth has in the last several decades become largely a human environment in which pure nature or wild places uninfluenced by humans no longer exist, people ought to abandon the idea of wilderness entirely and do the best they can in a world dominated by humans. That would be a mistake. The idea of nature and wilderness in particular, or of places and things in the world relatively uninfluenced by humans, actually provides the foundation on which to build the international human right to a particular environment that some environmentalists have been looking for. …
Environmental Justice And International Environmental Law, Carmen G. Gonzalez
Environmental Justice And International Environmental Law, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental justice lies at the heart of many environmental disputes between the global North and the global South as well as grassroots environmental struggles within nations. However, the discourse of international environmental law is often ahistorical and technocratic. It neither educates the North about its inordinate contribution to global environmental problems nor provides an adequate response to the concerns of nations and communities disproportionately burdened by poverty and environmental degradation. This article examines some of the root causes of environmental injustice among and within nations from the colonial period to the present, and discusses several strategies that can be used …
Human Rights And The Evolution Of Global Environmental Law, Robert V. Percival
Human Rights And The Evolution Of Global Environmental Law, Robert V. Percival
Robert Percival
Environmental problems that jeopardize the health of humans increasingly implicate concerns that have played an important role in the development of international human rights. While some have questioned the wisdom or effectiveness of focusing human rights concerns on environmental problems, it seems an inevitable response to the failure of many countries to protect their citizens adequately from harm caused by environmental degradation. This paper reviews efforts to apply human rights concerns to environmental problems. It describes how these developments illustrate the growth of a kind of “global environmental law” that blurs traditional distinctions between domestic and international law and public …
The Primary Right, Carter Dillard
The Primary Right, Carter Dillard
Carter Dillard
As climate change materializes, legal theorists face the urgent need to develop a normative baseline for environmental regulation. Meanwhile, in the seemingly unrelated field of political exit theory, theorists have presumed that while one ought to be able to exit any polity one cannot exit all polities. This essay challenges that presumption, and simultaneously addresses the baseline problem in environmental law, by combining the analyses to develop a new human right derived from exit right theory called the primary right: a general claim-right of reasonable access to wilderness. The derivation is simple: If consent is necessary to justify political association, …
Екологізація Міжнародного Права Крізь Призму Екологічних Прав Людини | Ecologisation Of International Law Through The Prism Of Environmental Human Rights, Timur R. Korotkiy
Екологізація Міжнародного Права Крізь Призму Екологічних Прав Людини | Ecologisation Of International Law Through The Prism Of Environmental Human Rights, Timur R. Korotkiy
Timur R. Korotkiy
Короткий Т. Р. Екологізація міжнародного права крізь призму екологічних прав людини / Т. Р. Короткий // Актуальні проблеми політики : зб. наук. пр. / редкол.: С. В. Ківалов (голов. ред.), Л. І. Кормич (заст. голов. ред.), М. А. Польовий (відп. секр.) [та ін.] ; НУ «ОЮА», Південноукр. центр гендер. проблем. – Одеса, 2012. – Вип. 44. – С. 130-143. In the article analyzed the tendencies the ecologisation of international law through the prism of environmental human rights. Characterized the content of environmental-legal norms of international law and relationships of environmental human rights and international environmental law. В статті проаналізовані тенденції …
From Nondiscrimination To Civil Marriage, Prof. Elizabeth Burleson
From Nondiscrimination To Civil Marriage, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
As William Faulkner explained, we must be free not because we claim freedom, but because we practice it. This article analyzes the continuing constitutional struggle for civil rights on the basis of sexual orientation, concentrating on the constitution state's critique of its constitution. Connecticut is currently at the forefront of recognizing civil rights. Connecticut has ruled that discrimination against gay and lesbian persons is subject to intermediate scrutiny, which has historically been used to review laws that employ quasi-suspect classifications such as gender. Civil marriage for same sex couples is legal in Connecticut, Iowa, Maine, Massachusetts, New Hampshire and Vermont. …
Emerging Law Addressing Climate Change And Water, Prof. Elizabeth Burleson
Emerging Law Addressing Climate Change And Water, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
The World Economic Forum recognizes that while restrictions on energy affect water systems and vice versa, energy and water policy are rarely coordinated. The International Panel on Climate Change predicts that wet places will become wetter and dry places will become dryer. Transboundary water, energy and climate coordination can occur through international consensus building.
Climate Change Consensus: Emerging International Law, Prof. Elizabeth N. Burleson
Climate Change Consensus: Emerging International Law, Prof. Elizabeth N. Burleson
Prof. Elizabeth Burleson
This article focuses on emerging international law addressing climate change. Providing a background on international negotiations, it considers the greenhouse gas emissions targets needed to avert catastrophic climate change. Assessing the funding debate, this article concludes that agreement in Copenhagen must result in a comprehensive instrument with which to maintain global emissions below 350 parts per million of carbon dioxide. Multilateral coordination can develop an effective framework for climate stabilization.
Rising Temperatures: Rising Tides, Prof. Elizabeth Burleson
Rising Temperatures: Rising Tides, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
Transboundary environmental problems do not distinguish between political boundaries. Global warming is expected to cause thermal expansion of water and melt glaciers. Both are predicted to lead to a rise in sea level. We must enlarge our paradigms to encompass a global reality and reliance upon global participation.