Jump to ContentJump to Main Navigation

You are looking at 1-20 of 29 items

  • Keywords: environmental rights x
Clear All Modify Search

View:

Constitutional Environmental Rights

Tim Hayward

Published in print:
2004
Published Online:
July 2005
ISBN:
9780199278688
eISBN:
9780191602757
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0199278687.001.0001
Subject:
Political Science, Political Theory

This book shows why a fundamental right to an adequate environment ought to be provided in the constitution of any modern democratic state. Explains why the right to an environment adequate for one’s ... More


Introduction

Tim Hayward

in Constitutional Environmental Rights

Published in print:
2004
Published Online:
July 2005
ISBN:
9780199278688
eISBN:
9780191602757
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199278687.003.0001
Subject:
Political Science, Political Theory

Sets out the general background and rationale for the central claim of this book, namely, that a right of every individual to an environment adequate for their health and well-being should receive ... More


Environmental Rights and Environmental Justice: A Global Perspective

Tim Hayward

in Constitutional Environmental Rights

Published in print:
2004
Published Online:
July 2005
ISBN:
9780199278688
eISBN:
9780191602757
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199278687.003.0007
Subject:
Political Science, Political Theory

The main question of this chapter is whether the constitutional enhancement of citizens’ environmental rights in affluent states might exacerbate the environmental problems of poorer nations. It is ... More


Is a Constitutional Environmental Right Necessary? A European Perspective

Tim Hayward

in Constitutional Environmental Rights

Published in print:
2004
Published Online:
July 2005
ISBN:
9780199278688
eISBN:
9780191602757
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199278687.003.0006
Subject:
Political Science, Political Theory

Addresses the doubt about whether, even if legitimately enforceable, a constitutional right to an adequate environment is necessary. The European Union (EU) is taken as a context in which that doubt ... More


Constitutionalizing the Right to an Adequate Environment: Challenges of Principle

Tim Hayward

in Constitutional Environmental Rights

Published in print:
2004
Published Online:
July 2005
ISBN:
9780199278688
eISBN:
9780191602757
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199278687.003.0003
Subject:
Political Science, Political Theory

Argues that any state that is constitutionally committed to the recognition of human rights ought to constitutionalise a right to an adequate environment. Rebutsthe claim that constitutional ... More


Environmental Rights as Democratic Rights

Tim Hayward

in Constitutional Environmental Rights

Published in print:
2004
Published Online:
July 2005
ISBN:
9780199278688
eISBN:
9780191602757
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199278687.003.0005
Subject:
Political Science, Political Theory

Constitutionalising a right makes it immune to the possibility of (routine) democratic revision. So, constitutional rights that set certain substantive values beyond the reach of routine political ... More


Equity, Responsibility, and Climate Change Mitigation

Steve Vanderheiden

in Atmospheric Justice: A Political Theory of Climate Change

Published in print:
2008
Published Online:
May 2008
ISBN:
9780195334609
eISBN:
9780199868759
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195334609.003.0007
Subject:
Political Science, Environmental Politics

This chapter incorporates arguments and observations from earlier chapters into a case for a version of the equal shares approach of equal per capita national emissions allowances, contrasting this ... More


Environmental Rights, Sustainable Development, and Investor-State Case Law: A Critical Appraisal

Riccardo Pavoni

in Human Rights in International Investment Law and Arbitration

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199578184
eISBN:
9780191722561
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578184.003.0022
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter examines the increasing number of international investment disputes where issues relating to environmental rights, sustainable development and foreign investment protection were ... More


Human Rights Dimensions of Corporate Environmental Accountability

Elisa Morgera

in Human Rights in International Investment Law and Arbitration

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199578184
eISBN:
9780191722561
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578184.003.0021
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter focuses on the impact of environmental human rights on foreign investors' operations and the role of intergovernmental organizations in ensuring that such operations respect ... More


Environmental Justice: Making Policy, One Skirmish at a Time

Karen Baehler

in Conceptual Innovation in Environmental Policy

Published in print:
2017
Published Online:
May 2018
ISBN:
9780262036580
eISBN:
9780262341585
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262036580.003.0010
Subject:
Environmental Science, Environmental Studies

Environmental justice refers to both a concept and a social movement that originally spun off from the American civil rights establishment in the 1980s. The core idea focuses on the now ... More


Defining Positive Rights

Emily Zackin

in Looking for Rights in All the Wrong Places: Why State Constitutions Contain America's Positive Rights

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691155777
eISBN:
9781400846276
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155777.003.0003
Subject:
Political Science, Public Policy

This chapter provides a definition of rights and describes the distinction between the categories of positive and negative rights. It first examines the rights movements' campaigns to add education, ... More


The Role of Human Rights Law in Protecting Environmental Rights in South Asia

Sumudu Atapattu

in Closing the Rights Gap: From Human Rights to Social Transformation

Published in print:
2015
Published Online:
September 2015
ISBN:
9780520283091
eISBN:
9780520958920
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520283091.003.0006
Subject:
Sociology, Law, Crime and Deviance

This chapter discusses the innovative approach adopted by the superior courts in South Asia of using existing constitutional provisions to encompass environmental rights, and highlights the ... More


Using a Framework of Human Rights and Transitional Justice for Post-Conflict Environmental Protection and Remediation

Karen Hulme

in Environmental Protection and Transitions from Conflict to Peace: Clarifying Norms, Principles, and Practices

Published in print:
2017
Published Online:
November 2017
ISBN:
9780198784630
eISBN:
9780191827051
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198784630.003.0006
Subject:
Law, Public International Law, Environmental and Energy Law

The chapter analyses examples of post-conflict environmental damage and suggests how human rights legal mechanisms could provide vital assistance in their remedy. Environmental remediation in the ... More


Environmental Law and Human Rights in the Asia-Pacific

Ben Boer

in Environmental Law Dimensions of Human Rights

Published in print:
2015
Published Online:
April 2015
ISBN:
9780198736141
eISBN:
9780191800320
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198736141.003.0006
Subject:
Law, Human Rights and Immigration, Environmental and Energy Law

This chapter explores the links between human rights and environmental law in the Asian and Pacific regions. It discusses the development of a substantive right to the environment and the ways in ... More


Religion and Environmental Rights

Willis Jenkins

in Religion and Human Rights: An Introduction

Published in print:
2011
Published Online:
March 2015
ISBN:
9780199733453
eISBN:
9780190258269
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199733453.003.0020
Subject:
Religion, Religion and Society

This chapter examines the relationship between religion and environmental rights. It begins with an overview of important thresholds in human rights theory and its intersections with religious ... More


So Far but No Further? Transparency and Disclosure in the Aarhus Convention

Mason Michael

in Transparency in Global Environmental Governance: Critical Perspectives

Published in print:
2014
Published Online:
January 2015
ISBN:
9780262027410
eISBN:
9780262320856
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262027410.003.0004
Subject:
Environmental Science, Environmental Studies

In this chapter, Michael Mason examines information disclosure obligations within the 1998 Aarhus Convention (Convention on Access to Information, Public Participation in Decision-Making and Access ... More


Human Rights and the Environment

Alan Boyle

in Environmental Law Dimensions of Human Rights

Published in print:
2015
Published Online:
April 2015
ISBN:
9780198736141
eISBN:
9780191800320
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198736141.003.0008
Subject:
Law, Human Rights and Immigration, Environmental and Energy Law

The relationship between human rights and environmental protection in international law is far from straightforward. A new attempt to codify and develop international law on this subject was ... More


Benefit-sharing as a Bridge between the Environmental and Human Rights Accountability of Multinational Corporations

Elisa Morgera

in Environmental Law Dimensions of Human Rights

Published in print:
2015
Published Online:
April 2015
ISBN:
9780198736141
eISBN:
9780191800320
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198736141.003.0003
Subject:
Law, Human Rights and Immigration, Environmental and Energy Law

This chapter analyses the tight linkages between human rights and environmental degradation due to substandard corporate conduct. It then proceeds to outline the development of international ... More


Culture and Rights

Tee L. Guidotti

in Health and Sustainability: An Introduction

Published in print:
2015
Published Online:
April 2015
ISBN:
9780199325337
eISBN:
9780190238803
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199325337.003.0011
Subject:
Public Health and Epidemiology, Epidemiology

The only social force powerful enough to conserve attitudes conducive to sustainability from one generation to another is culture itself. The downside of a society devoted to sustainability may be a ... More


Square Pegs and Round Holes?: Environmental Rights and the Private Sector

Natasha Affolder

in Environmental Law Dimensions of Human Rights

Published in print:
2015
Published Online:
April 2015
ISBN:
9780198736141
eISBN:
9780191800320
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198736141.003.0002
Subject:
Law, Human Rights and Immigration, Environmental and Energy Law

New possibilities for conceiving and articulating the environmental dimensions of human rights require new ways of understanding the intersection between the private sector and environmental norms. ... More


View: