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Author: Cyril Uchenna Gwam
Publisher: AuthorHouse
ISBN: 1452026882
Category : History
Languages : en
Pages : 254
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Book Description
This book discusses the adverse effects of the illicit movement and dumping of hazardous, toxic, and dangerous wastes and products in developing countries, and the effect of such activities on the enjoyment of human rights, more from the perspective of the resolutions of the former United Nations (UN) Commission on Human Rights (CHR). It is now called Human Rights Council. This study stands for the proposition that the illicit movement and dumping of toxic and dangerous wastes and products adversely affect the environment and human rights to life and health. It illustrates that dumpers are mainly transnational corporations. It demonstrates that, although the international community is aware of the effects of toxic wastes dumping on human rights, there exist certain factors militating against the full implementation of CHR resolutions on toxic wastes. These factors are: the politics of human rights, and the politics of first and second generation rights; the inequity of international legal instruments; the lack of will or commitment of certain states to comply with their international obligations; the attitude of the Office of the High Commissioner for Human Rights (OHCHR) towards the Special Rapporteur on Toxic Wastes; the status of international human rights laws; and the legal status of the CHR's resolutions. However, despite the difficulties in implementing the CHR's resolutions, the study supports the proposition that dumpers should be prosecuted for criminal activities in accordance with the state's domestic laws. Victims should be able to receive compensation for physical and emotional injuries, economic loss, and substantial impairment of their fundamental rights resulting from human rights violations. Specifically, developing countries should construct domestic legal system to protect such fundamental rights.
Author: Cyril Uchenna Gwam
Publisher: AuthorHouse
ISBN: 1452026882
Category : History
Languages : en
Pages : 254
Get Book Here
Book Description
This book discusses the adverse effects of the illicit movement and dumping of hazardous, toxic, and dangerous wastes and products in developing countries, and the effect of such activities on the enjoyment of human rights, more from the perspective of the resolutions of the former United Nations (UN) Commission on Human Rights (CHR). It is now called Human Rights Council. This study stands for the proposition that the illicit movement and dumping of toxic and dangerous wastes and products adversely affect the environment and human rights to life and health. It illustrates that dumpers are mainly transnational corporations. It demonstrates that, although the international community is aware of the effects of toxic wastes dumping on human rights, there exist certain factors militating against the full implementation of CHR resolutions on toxic wastes. These factors are: the politics of human rights, and the politics of first and second generation rights; the inequity of international legal instruments; the lack of will or commitment of certain states to comply with their international obligations; the attitude of the Office of the High Commissioner for Human Rights (OHCHR) towards the Special Rapporteur on Toxic Wastes; the status of international human rights laws; and the legal status of the CHR's resolutions. However, despite the difficulties in implementing the CHR's resolutions, the study supports the proposition that dumpers should be prosecuted for criminal activities in accordance with the state's domestic laws. Victims should be able to receive compensation for physical and emotional injuries, economic loss, and substantial impairment of their fundamental rights resulting from human rights violations. Specifically, developing countries should construct domestic legal system to protect such fundamental rights.
Author: Cyril Uchenna Gwam
Publisher: AuthorHouse
ISBN: 1452023123
Category : Law
Languages : en
Pages : 254
Get Book Here
Book Description
This book discusses the adverse effects of the illicit movement and dumping of hazardous, toxic, and dangerous wastes and products in developing countries, and the effect of such activities on the enjoyment of human rights, more from the perspective of the resolutions of the former United Nations (UN) Commission on Human Rights (CHR). It is now called Human Rights Council. This study stands for the proposition that the illicit movement and dumping of toxic and dangerous wastes and products adversely affect the environment and human rights to life and health. It illustrates that dumpers are mainly transnational corporations. It demonstrates that, although the international community is aware of the effects of toxic wastes dumping on human rights, there exist certain factors militating against the full implementation of CHR resolutions on toxic wastes. These factors are: the politics of human rights, and the politics of first and second generation rights; the inequity of international legal instruments; the lack of will or commitment of certain states to comply with their international obligations; the attitude of the Office of the High Commissioner for Human Rights (OHCHR) towards the Special Rapporteur on Toxic Wastes; the status of international human rights laws; and the legal status of the CHR's resolutions. However, despite the difficulties in implementing the CHR's resolutions, the study supports the proposition that dumpers should be prosecuted for criminal activities in accordance with the state's domestic laws. Victims should be able to receive compensation for physical and emotional injuries, economic loss, and substantial impairment of their fundamental rights resulting from human rights violations. Specifically, developing countries should construct domestic legal system to protect such fundamental rights.
Author: Donald K. Anton
Publisher: Cambridge University Press
ISBN: 1139498525
Category : Political Science
Languages : en
Pages : 1025
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Book Description
With unique scholarly analysis and practical discussion, this book provides a comprehensive introduction to the relationship between environmental protection and human rights being formalized into law in many legal systems. This book instructs on environmental techniques and procedures that assist in the protection of human rights. The text provides cogent guidance on a growing international jurisprudence on the promotion and protection of human rights in relation to the environment that has been developed by international and regional human rights bodies and tribunals. It explores a rich body of case law that continues to develop within states on the environmental dimension of the rights to life, to health, and to public participation and access to information. Five compelling contemporary case studies are included that implicate human rights and the environment, ranging from large dam projects to the creation of a new human right to a clean environment.
Author: Laurence Boisson de Chazournes
Publisher: Oxford University Press
ISBN: 0191084433
Category : Law
Languages : en
Pages : 653
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Book Description
The United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses plays a crucial role in protecting and managing international watercourses and other sources of fresh water. Boisson de Chazournes, Mbengue, Tignino, and Sangbana head a team of experts in this Commentary, examining the travaux préparatoires leading to the Convention and the practice that has developed since the adoption of the Convention in 1997. Tackling the rationale and objectives of the provisions, they offer crucial insights to the Convention's impact on the development of a universal regime for shared water resources. Examining cross-cutting topics such as the core water principles, the prevention and settlement of water disputes, the relationship between the Convention and other legal instruments, as well as the role of the ICJ and other judicial means to solve water disputes, this book is crucial to all those who seek a deep understanding of water law.
Author: Inga Winkler
Publisher: Bloomsbury Publishing
ISBN: 1847319637
Category : Law
Languages : en
Pages : 246
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Book Description
The United Nations General Assembly and the Human Rights Council recognised the human right to water in 2010. This formal recognition has put the issue high on the international agenda, but by itself leaves many questions unanswered. This book addresses this gap and clarifies the legal status and meaning of the right to water through a detailed analysis of its legal foundations, legal nature, normative content and corresponding State obligations. The human right to water has wide-ranging implications for the distribution of water. Examining these implications requires putting the right to water into the broader context of different water uses and analysing the linkages and competition with other human rights that depend on water for their realisation. Water allocation is a highly political issue reflecting societal power relations, with current priorities often benefitting the well-off and powerful. Human rights, in contrast, require prioritising the most basic needs of all people. The human right to water has the potential to address these underlying structural causes of the lack of access to water rooted in inequalities and poverty by empowering people to hold the State accountable to live up to its human rights obligations and to demand that their basic needs are met with priority.
Author: David S. Weissbrodt
Publisher: University of Pennsylvania Press
ISBN: 9780812240320
Category : Law
Languages : en
Pages : 452
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Book Description
International Human Rights Law is a comprehensive introductory treatise, intended for all concerned about this critical area of international law, including students, lawyers, other advocates, teachers, and academics.
Author: Jason Rudall
Publisher: Routledge
ISBN: 1000034941
Category : Law
Languages : en
Pages : 172
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Book Description
Inspired by recent litigation, this book identifies and critically appraises the manifold and varied approaches to calculating compensation for damage caused to the environment. It examines a wide range of practice on compensation – in general and specifically for environmental damage – from that of international courts and tribunals, as well as international commissions and regimes, to municipal approaches and other disciplines such as economics and philosophy. Compensation for Environmental Damage Under International Law synthesises these approaches with a view to identifying their blind spots, bringing clarity to an area where there exists broad discrepancy, and charting best practices that appropriately balance the manifold interests at stake. In particular, it is argued that best practice methodologies should ensure compensation serves to fully repair the environment, reflect the emerging ecosystems approach and any implications environmental damage may have for climate change, as well as take into account relevant equitable considerations. This book is essential reading for academics, practitioners and students working in the field of environmental law.
Author: Cinnamon P. Carlarne
Publisher: Oxford University Press
ISBN: 0191507547
Category : Law
Languages : en
Pages : 780
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Book Description
Climate change presents one of the greatest challenges of our time, and has become one of the defining issues of the twenty-first century. The radical changes which both developed and developing countries will need to make, in economic and in legal terms, to respond to climate change are unprecedented. International law, including treaty regimes, institutions, and customary international law, needs to address the myriad challenges and consequences of climate change, including variations in the weather patterns, sea level rise, and the resulting migration of peoples. The Oxford Handbook of International Climate Change Law provides an unprecedented and authoritative overview of all aspects of international climate change law as it currently stands, with guidance for how it should develop in the future. Over forty leading scholars and practitioners set out a comprehensive understanding of the legal issues that surround this vitally important but still emerging area of international law. This book addresses the major legal dimensions of the problems caused by climate change: not only in the content and nature of the international legal frameworks, which need implementation at the national level, but also the development of carbon trading systems as a means of reducing the costs of meeting emission reduction targets. After an introduction to the field, the Handbook assesses the relevant institutions, the key applicable principles of international law, the international mitigation regime and its consequences, and climate change litigation, before providing perspectives focused upon specific countries or regions. The Handbook will be an invaluable resource for scholars, students, and practitioners of international climate change law. It provides readers with diverse perspectives, bringing together interpretations from different disciplines, countries, and cultures.
Author: Paula M. Pevato
Publisher: Routledge
ISBN: 1351775324
Category : Political Science
Languages : en
Pages : 487
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Book Description
This title was first published in 2003. Viewed as a prelude to a broader spectrum of perspectives and approaches captured within international protection of the environment, these volumes offer an invitation to further exploration. Covering a broad array of topics, the essays chosen convey pivotal breakthroughs in international environmental law.
Author: Mirina Grosz
Publisher: BRILL
ISBN: 9004202846
Category : Law
Languages : en
Pages : 615
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Book Description
Waste tends to be understood as the potentially polluting and unsolicited by-product of our daily lives, a source of risk for the environment and human health. Nonetheless, a transboundary market for wastes as valuable raw materials and second-hand goods has emerged, and states ship wastes to specialised disposal and recycling sites abroad.This book provides a thorough analysis of the Basel Convention and the applicable OECD and EU frameworks of regulation. The author adopts a legal approach that encompasses the environmental, human rights, and WTO law aspects of waste trade. It explores the potential of the concept of “sustainable development” to integrate divergent regulatory approaches under the umbrella of the WTO in particular, and identifies crucial elements of a more comprehensive and sustainable solution for international waste trade.
