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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, …
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, …
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 …
Book Review: Environmental Protection And Human Rights, Carmen G. Gonzalez
Book Review: Environmental Protection And Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
This article reviews Environmental Protection and Human Rights (Cambridge University Press, New York 2011), a textbook co-authored authored by Donald K. Anton and Dinah L. Shelton. The book examines the growing recognition by scholars, activists, governments, and international and domestic tribunals of the linkages between environmental protection and human rights. Although intended for use as a law school textbook and accompanied by five online problem-oriented case studies, this comprehensive volume will also serve as a valuable reference for scholars and practitioners as well as an excellent survey for newcomers to the field.
China's Engagement With Latin America: Partnership Or Plunder?, Carmen G. Gonzalez
China's Engagement With Latin America: Partnership Or Plunder?, Carmen G. Gonzalez
Carmen G. Gonzalez
The emergence of China as a significant economic force in Latin America has sparked both optimism and alarm. With titles such as 'The Coming China Wars' and 'The Dragon in the Backyard,' recent books and articles depict China as a rising imperial power scouring the globe for natural resources and as a competitive threat to Latin America. Other studies applaud China’s pragmatic, unorthodox development strategies and portray China as a successful model for developing countries. The competing narratives about China’s rise do agree on one thing: China has become a formidable force in the developing world whose influence merits careful …
The Global Food System, Environmental Protection, And Human Rights, Carmen G. Gonzalez
The Global Food System, Environmental Protection, And Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
The global food system is exceeding ecological limits while failing to meet the nutritional needs of a large segment of the world’s population. While law could play an important role in facilitating the transition to a more just and ecologically sustainable food system, the current legal framework fails to regulate food and agriculture in an integrated manner. The international legal framework governing food and agriculture is fragmented into three self-contained regimes that have historically operated in isolation from one another: international human rights law, international environmental law, and international trade law. International trade law has taken precedence over human rights …
Organismos Genéticamente Modificados (Ogm) Y Justicia: Implicaciones De La Biotecnología Para La Justicia Ambiental Internacional, Carmen G. Gonzalez
Organismos Genéticamente Modificados (Ogm) Y Justicia: Implicaciones De La Biotecnología Para La Justicia Ambiental Internacional, Carmen G. Gonzalez
Carmen G. Gonzalez
En septiembre del 2006, un panel de resolución de controversias de la Organizacón Mundial del Comercio (OMC) emitió su fallo a favor de los Estados Unidos en la disputa entre EE.UU y la Unión Europea sobre los organismos genéticamente modificados (OGM). El fallo se basó en limitadas determinaciones procedimentales, y no abordó el tema de la seguridad de los OGM, el derecho de los países de reglamentar los productos genéticamente modificados más rigurosamente que sus equivalentes convencionales, ni la coherencia de la legislacion europea con las obligaciones del OMC. El continuo conflicto entre los Estados Unidos y la Unión Europea …
The Global Politics Of Food: Introduction To The Theoretical Perspectives Cluster, Carmen G. Gonzalez
The Global Politics Of Food: Introduction To The Theoretical Perspectives Cluster, Carmen G. Gonzalez
Carmen G. Gonzalez
The corporate-dominated, fossil-fuel dependent model of agricultural production has produced chronic undernourishment, an epidemic of obesity and diet-related diseases, and unprecedented ecological devastation. In May 2010, the Universidad Interamericana in Mexico City hosted an international conference on The Global Politics of Food: Sustainability and Subordination. Sponsored by Latina and Latino Critical Legal Theory, Inc. and by Seattle University School of Law, the conference took place under the auspices of the South-North Exchange on Theory, Culture and Law (SNX), a yearly gathering of scholars in the Americas that seeks to foster transnational, cross-disciplinary and inter-cultural dialogue on current issues in law, …
An Environmental Justice Critique Of Comparative Advantage: Indigenous Peoples, Trade Policy, And The Mexican Neoliberal Economic Reforms, Carmen G. Gonzalez
An Environmental Justice Critique Of Comparative Advantage: Indigenous Peoples, Trade Policy, And The Mexican Neoliberal Economic Reforms, Carmen G. Gonzalez
Carmen G. Gonzalez
The free market reforms adopted by Mexico in the wake of the debt crisis of the 1980s and in connection with the North American Free Trade Agreement (NAFTA) have jeopardized the physical and cultural survival of Mexico’s indigenous peoples, increased migration to the United States, threatened biological diversity in Mexico, and imposed additional stress on the environment in the United States. Despite these negative impacts, NAFTA continues to serve as a template for trade agreements in the Americas. Unless this template is fundamentally restructured, future trade agreements may replicate throughout the Western hemisphere many of the economic, ecological and social …
China En América Latina: Derecho, Economía Y Desarrollo Sostenible, Carmen G. Gonzalez
China En América Latina: Derecho, Economía Y Desarrollo Sostenible, Carmen G. Gonzalez
Carmen G. Gonzalez
Los crecientes vínculos económicos y políticos entre China y América Latina han desatado controversias entre académicos, eruditos en la materia, y personas encargadas de elaborar políticas. Algunos académicos afirman que China es una potencia imperial emergente, comprometida en la lucha por obtener los recursos del mundo en desarrollo, y una amenaza competitiva para América Latina. Otros aplauden las estrategias de desarrollo chinas, pragmáticas y poco ortodoxas, y las describen como un modelo exitoso para los países en desarrollo. El presente artículo pone en duda las narratives predominantes sobre la cresciente influencia de China en América Latina, e interroga las implicaciones …
The Global Food Crisis: Law, Policy, And The Elusive Quest For Justice, Carmen G. Gonzalez
The Global Food Crisis: Law, Policy, And The Elusive Quest For Justice, Carmen G. Gonzalez
Carmen G. Gonzalez
The food crisis of 2008, the subsequent financial crisis, and the ongoing climate crisis have created new challenges to the attainment of global food security. This essay examines the historic and current practices that have contributed to food insecurity in developing countries, and recommends several steps that the international community might take to promote the fundamental human right to food. The essay begins by outlining the trade and aid policies that laid the foundation for food insecurity in the global South from colonialism until the early twenty-first century. It then examines the impact of the financial crisis and the climate …
China In Latin America: Law, Economics, And Sustainable Development, Carmen G. Gonzalez
China In Latin America: Law, Economics, And Sustainable Development, Carmen G. Gonzalez
Carmen G. Gonzalez
The growing economic and political ties between China and Latin America have sparked controversy among scholars, pundits, and policy-makers. Some scholars contend that China is a rising imperial power scouring the globe for natural resources, exploiting less powerful nations, and rejecting international environmental agreements that would curb its profligate consumption of the world’s natural resources. Others applaud China’s unorthodox development strategies and portray China as a successful model for developing countries and as a welcome counterweight to U.S. economic and political hegemony. This paper interrogates the competing narratives about China’s growing influence in Latin America and examines the implications of …
El Liberalismo Neoclásico , El Libre Mercado Y Sus Críticos, Carmen G. Gonzalez, Colin Crawford, Daniel Bonilla Maldonado
El Liberalismo Neoclásico , El Libre Mercado Y Sus Críticos, Carmen G. Gonzalez, Colin Crawford, Daniel Bonilla Maldonado
Carmen G. Gonzalez
The articles collected in this volume critically examine the hegemony of market fundamentalism in law, politics, and social theory. They question the underlying premises of market fundamentalism as well as the social, economic, cultural and environmental consequences of policies inspired by this ideology. The authors represent several disciplines (law, economics, anthropology) and various countries (Argentina, Brazil, Colombia, Mexico, the United States, and Venezuela). The topics covered include free trade agreements, Argentina's financial crisis, deregulation in Brazil, the judicial enforcement of economic and social rights, climate change, and the impact of trade liberalization on violence against women. The articles were originally …
Is Nafta A Good Model For China?: Lessons From Mexico And The United States, Carmen G. Gonzalez
Is Nafta A Good Model For China?: Lessons From Mexico And The United States, Carmen G. Gonzalez
Carmen G. Gonzalez
In response to skyrocketing food prices, the global financial crisis, and the degradation of farm lands due to urbanization and industrialization, China has placed rural development at the top of its political agenda. China’s renewed emphasis on rural development is taking place against a backdrop of global efforts to reduce trade barriers in the agricultural sector. This article uses the North American Free Trade Agreement (NAFTA) as a case study on the complex ways that trade policy affects domestic efforts to protect the environment and promote rural development. The objective is to draw lessons from the experiences of the United …
Environmental Impact Assessment In Post-Colonial Societies: Reflections On The Expansion Of The Panama Canal, Carmen G. Gonzalez
Environmental Impact Assessment In Post-Colonial Societies: Reflections On The Expansion Of The Panama Canal, Carmen G. Gonzalez
Carmen G. Gonzalez
Post-colonial societies endowed with abundant natural resources often under-perform economically when these resources are exploited as economic enclaves lacking significant linkages to other sectors of the economy. The Panama Canal, a symbol of Panamanian identity and a reminder of Panama's lengthy colonial history, has historically functioned as an economic enclave akin to the mineral extraction and industrial agriculture enclaves prevalent throughout the developing world. Based on a case study of the contentious decision to expand the Panama Canal, this article examines the ways in which the colonial legacy distorts the development planning process, and discusses strategies that might be deployed …
Genetically Modified Organisms And Justice: The International Environmental Justice Implications Of Biotechnology, Carmen G. Gonzalez
Genetically Modified Organisms And Justice: The International Environmental Justice Implications Of Biotechnology, Carmen G. Gonzalez
Carmen G. Gonzalez
In September 2006, a WTO dispute settlement panel issued its long-awaited decision in favor of the United States in the dispute between the U.S. and the European Union over genetically modified organisms (GMOs). The ruling was based on narrow procedural grounds, and did not resolve the controversy over the safety of GMOs, over the right of countries to regulate GMOs more stringently than conventional products, or over the consistency of the EU's GMO regulatory regime with WTO requirements. The debate over GMOs continues unabated. Unfortunately, the high profile dispute between the U.S. and the EU has eclipsed the important debate …
Markets, Monocultures, And Malnurition: Agricultural Trade Policy Through An Environmental Justice Lens, Carmen G. Gonzalez
Markets, Monocultures, And Malnurition: Agricultural Trade Policy Through An Environmental Justice Lens, Carmen G. Gonzalez
Carmen G. Gonzalez
Much of the literature on environmental justice struggles in the United States and in the Global South has highlighted the disproportionate concentration of environmental hazards in poor communities and communities of color. However, it is equally important to evaluate how human societies distribute access to environmental necessities , such as food and water. Food is a quintessential environmental necessity that is critical human survival, and the right to food is recognized under under a vareity of international human rights law instruments. This article examines the complex ways in which the rules governing international trade in agricultural products affect the fundamental …
Deconstructing The Mythology Of Free Trade: Critical Reflections On Comparative Advantage, Carmen G. Gonzalez
Deconstructing The Mythology Of Free Trade: Critical Reflections On Comparative Advantage, Carmen G. Gonzalez
Carmen G. Gonzalez
The theory of comparative advantage serves as the theoretical justification for the neoliberal economic reforms promoted by the International Monetary Fund, the World Bank, and multilateral and regional free trade agreements. This article employs insights from both neoclassical and heterodox economics in order to critique the theory of comparative advantage as applied to the agricultural sector. In particular, the article takes aim at the illusory notion that eliminating distortions in international agricultural trade caused by the lavish agricultural subsidies of wealthy nations will be sufficient to “level the playing field” and promote prosperity in both developed and developing countries. The …
Trade Liberalization, Food Security, And The Environment: The Neoliberal Threat To Sustainable Rural Development, Carmen G. Gonzalez
Trade Liberalization, Food Security, And The Environment: The Neoliberal Threat To Sustainable Rural Development, Carmen G. Gonzalez
Carmen G. Gonzalez
Even though food production has exceeded population growth in recent decades, world hunger continues to be a daunting problem. Progress in hunger reduction has slowed in recent years, and the number of undernourished people is growing in most of the developing world. Rampant hunger and malnutrition impair the economic performance of individuals, households, and entire nations, and can lead to political instability and social conflict. Food insecurity is often exacerbated by environmentally destructive farming practices that ultimately depress agricultural productivity. Environmental degradation is increasingly recognized as a major factor contributing to both food insecurity and civil strife. This article examines …
Seasons Of Resistance: Sustainable Agriculture And Food Security In Cuba, Carmen G. Gonzalez
Seasons Of Resistance: Sustainable Agriculture And Food Security In Cuba, Carmen G. Gonzalez
Carmen G. Gonzalez
Beginning in the mid-1990s, Cuba embarked upon a transformation of the agricultural sector that has been hailed by some observers as a model of socially equitable and ecologically sustainable agriculture. Cuba shifted from an export-oriented, chemical-intensive agricultural development strategy to one that promoted organic agriculture and encouraged production for the domestic market. This article places Cuba's agricultural reforms in historical context by examining the evolution of Cuban agriculture from the colonial period until the present through the lens of food security and ecological sustainability. The article argues that Cuba, for most of its history, was food insecure and ecologically compromised …
Beyond Eco-Imperialism: An Environmental Justice Critique Of Free Trade, Carmen G. Gonzalez
Beyond Eco-Imperialism: An Environmental Justice Critique Of Free Trade, Carmen G. Gonzalez
Carmen G. Gonzalez
The article contributes to the trade and environment literature by assessing the claim that industrialized country proposals to integrate environmental protection into the WTO trade regime constitute environmental imperialism - the imposition of industrialized country values and preferences on less powerful nations. This claim is usually based on two distinct premises. The first is that environmental protection is a luxury that poor countries can ill afford. The second is that wealthy countries have played a leadership role in the protection of the global environment. The article questions these assumptions. It argues that environmental protection is essential to well-being of the …