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Articles 1 - 11 of 11
Full-Text Articles in Law
The Role Of The State, Multinational Oil Companies, International Law & The International Community: Intersection Of Human Rights & Environmental Degradation Climate Change In The 21st Century Caused By Traditional Extractive Practices, The Amazon Rainforest, Indigenous People And Universal Jurisdiction To Resolve The Accountability Issue, Marcela Cabrera Luna
Master's Theses
Local, national and international conventions that protect indigenous sovereignty and their territories, where many of the resources are extracted from by multinational corporations (MNCs) particularly oil, the number one commodity of the world and cause of climate change, continue to be jeopardized because of the lack of a clear international legal framework that can protect them and potentially hold multinationals accountable for their actions. These practices are causing not only environmental issues to the indigenous and surrounding communities, but climate change is in fact, the real human rights issue of the 21st century and it affects everyone. By using …
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel
Nehal A. Patel
AbstractOver thirty years have passed since the Bhopal chemical disaster began,and in that time scholars of corporate social responsibility (CSR) havediscussed and debated several frameworks for improving corporate responseto social and environmental problems. However, CSR discourse rarelydelves into the fundamental architecture of legal thought that oftenbuttresses corporate dominance in the global economy. Moreover, CSRdiscourse does little to challenge the ontological and epistemologicalassumptions that form the foundation for modern economics and the role ofcorporations in the world.I explore methods of transforming CSR by employing the thought ofMohandas Gandhi. I pay particular attention to Gandhi’s critique ofindustrialization and principle of swadeshi (self-sufficiency) …
Climate Change And Human Rights: Intellectual Property Challenges And Opportunities, Alexandra Phelan
Climate Change And Human Rights: Intellectual Property Challenges And Opportunities, Alexandra Phelan
Matthew Rimmer
Mitigating and adapting to the effects of climate change will require innovation and the development of new technologies. Intellectual property laws have a key part to play in the global transfer of climate technologies. However, failures to properly utilize flexibilities in intellectual property regimes or comply with technology transfer obligations under international climate change agreements calls for a human rights based analysis of climate technology transfer. Climate change is an unprecedented challenge and requires unprecedented strategies. Given the substantial impact of climate change on all of humanity and the ethical imperative to act, a complete rethink of traditional intellectual property …
The North-South Divide In International Environmental Law: Framing The Issues, Carmen G. Gonzalez, Sumudu Atapattu
The North-South Divide In International Environmental Law: Framing The Issues, Carmen G. Gonzalez, Sumudu Atapattu
Carmen G. Gonzalez
The unprecedented degradation of the planet’s vital ecosystems is among the most pressing issues confronting the international community. Despite the proliferation of legal instruments to combat environmental problems, conflicts between rich and poor nations (the North-South divide) have compromised the effectiveness of international environmental law, leading to deadlocks in environmental treaty negotiations and non-compliance with existing agreements. Through contributions from scholars based in five continents, International Environmental Law and the Global South examines both the historical origins of the North-South divide in European colonialism as well as its contemporary manifestations in a range of issues, including food justice, energy justice, …
International Environmental Law And The Global South, Carmen G. Gonzalez
International Environmental Law And The Global South, Carmen G. Gonzalez
Carmen G. Gonzalez
The unprecedented degradation of the planet’s vital ecosystems is among the most pressing issues confronting the international community. Despite the proliferation of legal instruments to combat environmental problems, conflicts between rich and poor nations (the North-South divide) have compromised the effectiveness of international environmental law, leading to deadlocks in environmental treaty negotiations and non-compliance with existing agreements. Through contributions from scholars based in five continents, International Environmental Law and the Global South examines both the historical origins of the North-South divide in European colonialism as well as its contemporary manifestations in a range of issues, including food justice, energy justice, …
Climate Change And Human Rights, Michael Burger, Jessica A. Wentz
Climate Change And Human Rights, Michael Burger, Jessica A. Wentz
Sabin Center for Climate Change Law
This report, commissioned by the United Nations Environment Programme (UNEP), describes the nexus between climate change, environmental degradation, and the impairment of fundamental human rights, such as the rights to food, water, housing, and life. It explains how governments and other actors can address climate change in a manner consistent with their obligations to respect, protect, promote and fulfill human rights. The report was released during COP21 to help inform the development of the Paris Agreement.
Designing A Climate Change Displacement Coordination Facility: Key Issues For Cop 21, Jessica A. Wentz, Michael Burger
Designing A Climate Change Displacement Coordination Facility: Key Issues For Cop 21, Jessica A. Wentz, Michael Burger
Sabin Center for Climate Change Law
There have been several proposals to include a “climate change displacement coordination facility” in the upcoming UNFCCC agreement, but there has been very little public discussion about what this facility would entail and how it would operate. This briefing note highlights some of the functions that the displacement coordination facility could fulfill, as well as some key questions for negotiators in the lead-up to COP 21 and subsequent talks. The note is not intended to be a proposal for how the facility should operate, nor do the functions highlighted below necessarily reflect what is politically or economically feasible. Rather, the …
Heat In Us Prisons And Jails: Corrections And The Challenge Of Climate Change, Daniel W.E. Holt
Heat In Us Prisons And Jails: Corrections And The Challenge Of Climate Change, Daniel W.E. Holt
Sabin Center for Climate Change Law
This paper addresses two important but largely neglected questions: How will increased temperatures and heat waves caused by climate change affect prisons, jails, and their staff and inmate populations? And what can correctional departments do to prepare for greater heat and minimize the dangers it poses?
Environmental Justice, Human Rights, And The Global South, Carmen G. Gonzalez
Environmental Justice, Human Rights, And The Global South, Carmen G. Gonzalez
Carmen G. Gonzalez
From the Ogoni people devastated by oil drilling in Nigeria to the Inuit and other indigenous populations threatened by climate change, communities disparately burdened by environmental degradation are increasingly framing their demands for environmental justice in the language of environmental human rights. Domestic and international tribunals have concluded that failure to protect the environment violates a variety of human rights (including the rights to life, health, food, water, property, and privacy; the collective rights of indigenous peoples to their ancestral lands and resources; and the right to a healthy environment). Some scholars have questioned the utility of the human rights …
Energy Poverty And The Environment, Carmen G. Gonzalez
Energy Poverty And The Environment, Carmen G. Gonzalez
Carmen G. Gonzalez
Nearly 3 billion people in Asia, Africa, and Latin America (the Energy Poor) face daily hardships due to lack of modern energy for cooking, heating, sanitation, lighting, transportation, and basic mechanical power. Despite their minimal greenhouse gas emissions, the Energy Poor will be disproportionately burdened by the floods, droughts, rising sea levels, and other disturbances caused by climate change. Although climate change has been framed as an issue of climate debt and climate justice, the plight of the Energy Poor has received short shrift in the climate change negotiations. Will efforts to reduce greenhouse gas emissions consign the Energy Poor …
Bridging The North-South Divide: International Environmental Law In The Anthropocene, Carmen G. Gonzalez
Bridging The North-South Divide: International Environmental Law In The Anthropocene, Carmen G. Gonzalez
Carmen G. Gonzalez
The failure of international law and institutions to address global environmental degradation has significant implications for law and society as the planet’s ecosystems approach irreversible tipping points. According to a recent study published in the journal Science, the global economy has transgressed four of the nine “planetary boundaries” critical to the planet’s self-regulating capacity. Climate change, deforestation, species extinction, and the runoff of phosphorus and nitrogen into regional watersheds and oceans have exceeded safe biophysical thresholds. Scientists refer to the current geologic era of human-induced environmental change as the Anthropocene. These environmental problems are inextricably intertwined with patterns of trade, …