Ecoviolence and the Law: Supranational Normative Foundation of Ecocrime

Ecoviolence and the Law: Supranational Normative Foundation of Ecocrime PDF Author: Laura Westra
Publisher: BRILL
ISBN: 9004480641
Category : Law
Languages : en
Pages : 493

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Book Description
Exploring such acts of environmental violence as "ecocrimes," the author builds the case that the international law principles of jus cogens and erga omnes justify characterizing ecocrime as a "just crime" requiring action to curb their occurrence and punishment to deter them. The book discusses the obstacles that defining environmental assaults as "ecocrimes" will face both in national and international circumstances. The author concludes by proposing the creation of an International Environmental Court that would adjudicate "ecocrime" issues. This forward thinking work will be of great interest to all involved in the human rights issues of environmental threats. Published under the Transnational Publishers imprint.

Ecoviolence and the Law: Supranational Normative Foundation of Ecocrime

Ecoviolence and the Law: Supranational Normative Foundation of Ecocrime PDF Author: Laura Westra
Publisher: BRILL
ISBN: 9004480641
Category : Law
Languages : en
Pages : 493

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Book Description
Exploring such acts of environmental violence as "ecocrimes," the author builds the case that the international law principles of jus cogens and erga omnes justify characterizing ecocrime as a "just crime" requiring action to curb their occurrence and punishment to deter them. The book discusses the obstacles that defining environmental assaults as "ecocrimes" will face both in national and international circumstances. The author concludes by proposing the creation of an International Environmental Court that would adjudicate "ecocrime" issues. This forward thinking work will be of great interest to all involved in the human rights issues of environmental threats. Published under the Transnational Publishers imprint.

Greening the Civil Codes: Comparative Private Law and Environmental Protection

Greening the Civil Codes: Comparative Private Law and Environmental Protection PDF Author: Sabrina Lanni
Publisher: Taylor & Francis
ISBN: 1000877418
Category : Law
Languages : en
Pages : 145

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Book Description
This book examines the greening of civil codes from a comparative perspective. It takes into account the increasing requirements of supranational rules, which favour measures to reduce global warming and its negative environmental impacts; it discusses the necessity to expand distributive justice given the current ecological emergency; and it reflects on which private law legal tools potentially may be employed to defend nature’s interests. The work fills a gap in the growing literature on developing rights of nature and ecosystem in transnational law. While the focus is on the environmental issues pertaining to the new civil codes and new projects of civil codes, the book promotes interdisciplinary research applicable to a range of environmental and natural resources–focused courses across the social sciences, especially those related to comparative law systems, legal anthropology, legal traditions in the world, political science and international relations.

Human Rights

Human Rights PDF Author: Laura Westra
Publisher: UBC Press
ISBN: 0774821205
Category : Law
Languages : en
Pages : 394

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Book Description
International law has evolved to protect human rights. But what are human rights? Does the term have the same meaning in a world being transformed by climate change and globalized trade? Are existing laws sufficient to ensure humanity’s survival? Drawing on case law and practice and examples from philosophy, law, and ecology, Laura Westra argues that the current system is not adequate: international law privileges individual over collective rights, permitting multinational corporations to overlook the collectivity and the environment in their quest for wealth and power. Unless policy makers redefine human rights and reformulate environmental law and policies to protect the preconditions for life itself -- water, food, clean air, and biodiversity -- humankind faces the complete loss of the ecological commons, the preservation of which is one of our most basic human rights. A new kind of cosmopolitanism, one centred on the United Nations, offers the best hope for preserving our common heritage and the survival of future generations.

Hunger, Horses, and Government Men

Hunger, Horses, and Government Men PDF Author: Shelley A. M. Gavigan
Publisher: UBC Press
ISBN: 0774822546
Category : Law
Languages : en
Pages : 304

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Book Description
Scholars often accept without question that the Indian Act (1876) criminalized First Nations. Drawing on court files, police and penitentiary records, and newspaper accounts from the Saskatchewan region of the North-West Territories between 1870 and 1905, Shelley Gavigan argues that the notion of criminalization captures neither the complexities of Aboriginal participation in the criminal courts nor the significance of the Indian Act as a form of law. This illuminating book paints a vivid portrait of Aboriginal defendants, witnesses, and informants whose encounters with the criminal law and the Indian Act included both the mediation and the enforcement of relations of inequality.

Environmental Justice and the Rights of Unborn and Future Generations

Environmental Justice and the Rights of Unborn and Future Generations PDF Author: Laura Westra
Publisher: Routledge
ISBN: 1136566791
Category : Medical
Languages : en
Pages : 346

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Book Description
The traditional concept of social justice is increasingly being challenged by the notion of a humankind that spans current and future generations. This book, with a foreword by Roger Brownsword, is the first systematic examination of how the rights of the unborn and future generations are handled in common law and under international legal instruments. It provides comprehensive coverage of the arguments over international legal instruments, key legal cases and examples including the Convention on the Rights of the Child, industrial disasters, clean water provision, diet, HIV/AIDS, environmental racism and climate change. Also covered are international agreements and objectives as diverse as the Kyoto Protocol, the Millennium Development Goals and international trade. The result is the most controversial and thorough examination to date of the subject and the enormous ramifications and challenges it poses to every aspect of international and domestic environmental, human rights, trade and public health law and policy.

Governance of the Illegal Trade in E-Waste and Tropical Timber

Governance of the Illegal Trade in E-Waste and Tropical Timber PDF Author: Lieselot Bisschop
Publisher: Routledge
ISBN: 131712586X
Category : Law
Languages : en
Pages : 221

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Book Description
This book responds to the call for more research on transnational environmental crime and its governance by investigating the illegal trade in electronic waste (e-waste) and tropical timber, major forms of transnational environmental crime. The book is based on a qualitative multi-method research combining document analysis, interviews with key informants and field visits. Bisschop focuses on the flows that pass through the research setting of the Port of Antwerp (Belgium) and those between Europe and West and Central Africa. The study examines the emergence and social organization of these transnational environmental flows, illustrating that although profit or lure play a very important role, a range of factors on individual, organizational and societal levels together provide the motivations and opportunities. Building on these insights, the book addresses the governance of these two cases. The responsive regulatory pyramid and networked governance are used as theoretical frameworks for this analysis. This book is essential reading for scholars and academics interested in transnational environmental crime and corporate crime, as well as governance studies.

Criminal Justice in Scotland

Criminal Justice in Scotland PDF Author: Hazel Croall
Publisher: Routledge
ISBN: 1136681396
Category : Law
Languages : en
Pages : 303

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Book Description
`Criminal Justice in Scotland makes a valuable and timely contribution to the growing field of comparative criminology.' Pat Carlen, Professor of Criminology, University of Kent.

Environmental Justice and the Rights of Ecological Refugees

Environmental Justice and the Rights of Ecological Refugees PDF Author: Laura Westra
Publisher: Routledge
ISBN: 1136574492
Category : Law
Languages : en
Pages : 322

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Book Description
Climate change and other environmental problems are increasingly leading to the displacement of populations from their homelands, whether through drought, flooding, famine or other causes. Worse, there is currently no protection in international law for people made refugees by such means. Following on from her previous explorations of environmental justice as it relates to future generations and indigenous peoples, Laura Westra now turns her attention to the plight of ecological refugees. In Part I, Westra provides an overview of what defines an ecological refugee and their present legal status. Part II goes into greater depth as to who the vulnerable are and what protection they have in international law. Part III looks to the future, advocating a comprehensive approach to the problem. With extensive examples and analysis, this is a compelling treatment that will be indispensable for legal professionals, government and business leaders, academics and students of the role of law in the protection of the rights of refugees.

Routledge International Handbook of Green Criminology

Routledge International Handbook of Green Criminology PDF Author: Nigel South
Publisher: Routledge
ISBN: 1000753522
Category : Law
Languages : en
Pages : 700

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Book Description
The Routledge International Handbook of Green Criminology was the first comprehensive and international anthology dedicated to green criminology. It presented green criminology to an international audience, described the state of the field, offered a description of a range of environmental issues of regional and global importance, and argued for continued criminological attention to environmental crimes and harms, setting an agenda for further study. In the six years since its publication, the field has continued to grow and thrive. This revised and expanded second edition of the Handbook reflects new methodological orientations, new locations of study such as Asia, Canada and South America, and new responses to environmental harms. While a number of the original chapters have been revised, the second edition offers a range of fresh chapters covering new and emerging areas of study, such as: conservation criminology, eco-feminism, environmental victimology, fracking, migration and eco-rights, and e-waste. This handbook continues to define and capture the field of green criminology and is essential reading for students and researchers engaged in green crime and environmental harm.

Just Security in an Undergoverned World

Just Security in an Undergoverned World PDF Author: William Durch
Publisher: Oxford University Press
ISBN: 0192527819
Category : Political Science
Languages : en
Pages : 541

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Book Description
Just Security in an Undergoverned World examines how humankind can manage global problems to achieve both security and justice in an age of antithesis. Global connectivity is increasing, visibly and invisiblyin trade, finance, culture, and informationhelping to spur economic growth, technological advance, and greater understanding and freedom, but global disconnects are growing as well. Ubiquitous electronics rely on high-value minerals scraped from the earth by miners kept poor by corruption and war. People abandon burning states for the often indifferent welcome of wealthier lands whose people, in turn, draw into themselves. Humanity's very success, underwritten in large part by lighting up gigatons of long-buried carbon for 200 years, now threatens humanity's future. The global governance institutions established after World War II to manage global threats, especially the twin scourges of war and poverty, have expanded in reach and impact, while paradoxically losing the political support of some of their wealthiest and most powerful members. Their problems mimic those of their members in struggling to adapt to new problems and maintain trust in norms and public bodies. This volume argues, however, that a properly mandated, managed, and modernized global architecture offers unparalleled potential to midwife solutions to intractable issuesfrom violent conflict and climate change to poverty and pandemic diseasethat transcend borders and the capacities of individual actors. It offers just security as a new framework for charing innovating solutions and strategies for effective and essential global governance.