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Book
Environmental constitutionalism
Authors: ---
ISBN: 9781784711689 1784711683 Year: 2016 Volume: 3 Publisher: Cheltenham: Elgar,

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Abstract

Environmental constitutionalism is a new concept that protects local and global environmental conditions by invoking national and subnational constitutional law. As constitution-drafters in all legal traditions commit to environmental stewardship, protection and sustainability, courts are increasingly called upon to vindicate protected environmental rights in both their substantive and procedural aspects. Designed for judges, advocates and policy-makers, as well as scholars in the field, this book assembles key writings on environmental constitutionalism from around the world, drawing attention to its contours, challenges and potential for enhancing both environmental protection and constitutional governance in theory and context.


Book
Human rights and the environment : legality, indivisibility, dignity and geography
Authors: ---
ISBN: 9781788111454 1788111451 178811146X Year: 2019 Volume: VII Publisher: Cheltenham: Elgar,

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Much has been written, discussed, advocated and litigated about human rights and the environment over the last two decades. With 45 structured entries from a global collection of expert scholars, this volume of the Elgar Encyclopedia of Environmental Law provides an authoritative source of reference and features new commentary on the role of the rule of law in responding to the variegated impacts of environmental challenges on the human condition. This comprehensive volume offers fresh perspectives to the conversation by focusing especially on four subjects that shed new light on the subject of environmental human rights: the challenges of identifying the fundamental legal sources for the protection of human rights and the environment, the recognition of the indivisibility of human rights and environmental law, the centrality of the right to human dignity as the lodestar of human rights law, and the uniqueness of geographic particularities. Fundamentally, the entries demonstrate that there is much to do, learn and share on this vital topic. Offering thoughtful critical perspectives on a timely subject, this volume will be an essential resource for academics and students, as well as policymakers and practitioners.


Book
Global Environmental Constitutionalism
Authors: ---
ISBN: 9781139135559 1316222969 1316223019 131622306X 1316223027 1316612848 1316223078 1139135554 1316223043 1316223051 1316223086 9781107022256 1107022258 1322293600 9781316223086 9781316223055 Year: 2014 Publisher: Cambridge

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Reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water and land, and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.


Book
Implementing Environmental Constitutionalism
Authors: ---
ISBN: 9781107165182 1107165180 1316691586 1316730875 1316732800 9781316691588 9781316616932 9781316732809 9781316730874 Year: 2018 Publisher: Cambridge

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Constitutions can play a central role in responding to environmental challenges, such as pollution, biodiversity loss, lack of drinking water, and climate change. The vast majority of people on earth live under constitutional systems that protect the environment or recognize environmental rights. Such environmental constitutionalism, however, falls short without effective implementation by policymakers, advocates and jurists. Implementing Environmental Constitutionalism: Current Global Challenges explains and explores this 'implementation gap'. This collection is both broad and deep. While some of the essays analyze crosscutting themes, such as climate change and the need for rule of law that affect the implementation of environmental constitutionalism throughout the world, others delve deeply into geographically contextual experiences for lessons about how constitutional environmental law might be more effectively implemented. This volume informs global conversations about whether and how environmental constitutionalism can be made more effective to protect the natural environment.


Book
Advanced introduction to human dignity and law
Authors: ---
ISBN: 9781789901702 9781789901689 1789901707 1789901685 Year: 2020 Publisher: Cheltenham: Elgar,

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Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This thought-provoking introduction provides an incisive overview of dignity law, a field of law emerging in every region of the globe that touches all significant aspects of the human experience. Through an examination of the burgeoning case law in this area, James R. May and Erin Daly reveal a strong overlapping consensus surrounding the meaning of human dignity as a legal right and a fundamental value of nations large and small, and how this global jurisprudence is redefining the relationship between individuals and the state. Key features include: * Analyses of cases from a range of jurisdictions all over the world * A history of the shift of the concept of dignity from a philosophical idea to a legally enforceable right * Discussion of dignity as a value and a right in different major legal contexts, and its roots in African, Asian, European and Islamic traditions. This Advanced Introduction will be invaluable to scholars and students of law, particularly those interested in human rights, looking to understand this emerging area of law. It will inform lawyers, judges, policymakers and other advocates interested in how dignity and the law can be used to protect everyone, including the most vulnerable among us.


Book
Shale gas and the future of energy : law and policy for sustainability
Authors: ---
ISBN: 9781783476145 1783476141 Year: 2016 Publisher: Cheltenham, UK : Edward Elgar Publishing,

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Book
Environmental rights
Authors: --- --- --- ---
ISBN: 1108664652 1108612504 1108482244 1108669263 110871174X 9781108669269 9781108664653 9781108612500 9781108482240 9781108711746 Year: 2019 Publisher: Cambridge New York Cambridge University Press

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Environmental rights, also known as the human rights or constitutional rights that are used for the protection of the environment, have proliferated over the last forty-five years. However, the precise levels of protection that they represent has since been a major question associated with this phenomenon. Environmental Rights: The Development of Standards systematically investigates this question by analyzing the emerging standards of environmental protection that are associated with such rights and the way that those associations are becoming formalized. It covers all of the relevant human rights treaties to illustrate how environmental rights standards are emerging in this dynamic area. Bringing together an elite group of scholars, this book discusses significant new insights into the way that environmental rights are developing, the standards of protection that they confer, and the way that standards in the field of environmental rights can potentially be further developed in the future.


Book
Environmental human rights in the anthropocene : concepts, contexts, and challenges
Authors: --- --- ---
ISBN: 9781316510773 1316510778 1009039644 1009040103 1009040014 9781009039642 9781009017091 Year: 2023 Publisher: Cambridge: New York: Port Melbourne: New Delhi: Singapore: Cambridge University Press,

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"Human rights and environmental protection are closely intertwined, and both are critically dependent on supportive legal opportunity structures. These legal structures consist of access to the courts; 'legal stock' or the set of available standards and precedents on which to base litigation; and institutional receptiveness to potential litigation. These elements all depend on a variety of social, political, and economic variables. This book critically analyses the complexities of uniting human rights advocacy and environmental protection. Bringing together international experts in the field, it documents the current state of our environmental human rights knowledge, strategically critical questions that remain unanswered, and the initiatives required to develop those answers.. It is ideal for researchers in environmental governance and law, as well as interested practitioners and advanced students working in public policy, political science and environmental studies"--

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