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Author: David R. Boyd
Publisher: UBC Press
ISBN: 0774821639
Category : Law
Languages : en
Pages : 470
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Book Description
The right to a healthy environment has been the subject of extensive philosophical debates that revolve around the question: Should rights to clean air, water, and soil be entrenched in law? David Boyd answers this by moving beyond theoretical debates to measure the practical effects of enshrining the right in constitutions. His pioneering analysis of 193 constitutions and the laws and court decisions of more than 100 nations in Europe, Latin America, Asia, and Africa reveals a positive correlation between constitutional protection and stronger environmental laws, smaller ecological footprints, superior environmental performance, and improved quality of life.
Author: David R. Boyd
Publisher: UBC Press
ISBN: 0774821639
Category : Law
Languages : en
Pages : 470
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Book Description
The right to a healthy environment has been the subject of extensive philosophical debates that revolve around the question: Should rights to clean air, water, and soil be entrenched in law? David Boyd answers this by moving beyond theoretical debates to measure the practical effects of enshrining the right in constitutions. His pioneering analysis of 193 constitutions and the laws and court decisions of more than 100 nations in Europe, Latin America, Asia, and Africa reveals a positive correlation between constitutional protection and stronger environmental laws, smaller ecological footprints, superior environmental performance, and improved quality of life.
Author: David R. Boyd
Publisher: ECW Press
ISBN: 1770909664
Category : Nature
Languages : en
Pages : 211
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Book Description
An important and timely recipe for hope for humans and all forms of life Palila v Hawaii. New ZealandÕs Te Urewera Act. Sierra Club v Disney. These legal phrases hardly sound like the makings of a revolution, but beyond the headlines portending environmental catastrophes, a movement of immense import has been building Ñ in courtrooms, legislatures, and communities across the globe. Cultures and laws are transforming to provide a powerful new approach to protecting the planet and the species with whom we share it. Lawyers from California to New York are fighting to gain legal rights for chimpanzees and killer whales, and lawmakers are ending the era of keeping these intelligent animals in captivity. In Hawaii and India, judges have recognized that endangered species Ñ from birds to lions Ñ have the legal right to exist. Around the world, more and more laws are being passed recognizing that ecosystems Ñ rivers, forests, mountains, and more Ñ have legally enforceable rights. And if nature has rights, then humans have responsibilities. In The Rights of Nature, noted environmental lawyer David Boyd tells this remarkable story, which is, at its heart, one of humans as a species finally growing up. Read this book and your world view will be altered forever.
Author: Joshua C. Gellers
Publisher: Taylor & Francis
ISBN: 1315524406
Category : Law
Languages : en
Pages : 165
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Book Description
Over the past 40 years, countries throughout the world have similarly adopted human rights related to environmental governance and protection in national constitutions. Interestingly, these countries vary widely in terms of geography, politics, history, resources, and wealth. This raises the question: why do some countries have constitutional environmental rights while others do not? Bringing together theory from law, political science, and sociology, a global statistical analysis, and a comparative study of constitutional design in South Asia, Gellers presents a comprehensive response to this important question. Moving beyond normative debates and anecdotal developments in case law, as well as efforts to describe and categorize such rights around the world, this book provides a systematic analysis of the expansion of environmental rights using social science methods and theory. The resulting theoretical framework and empirical evidence offer new insights into how domestic and international factors interact during the constitution drafting process to produce new law that is both locally relevant and globally resonant. Scholars, practitioners, and students of law, political science, and sociology interested in understanding how institutions cope with complex problems like environmental degradation and human rights violations will find this book to be essential reading.
Author: James R. May
Publisher: Cambridge University Press
ISBN: 1107022258
Category : Business & Economics
Languages : en
Pages : 427
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Book Description
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.
Author: David R. Boyd
Publisher: University of British Columbia Press
ISBN: 9780774824125
Category : Law
Languages : en
Pages : 306
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Book Description
Canada has abundant natural wealth, beautiful landscapes, vast forests, and thousands of rivers and lakes. The land defines Canadians as a people, yet the country has one of the industrialized world’s worst environmental records. Building on his previous book, The Environmental Rights Revolution, David R. Boyd describes how recognizing the constitutional right to a healthy environment could have a transformative impact by empowering citizens, holding governments and industry accountable, and improving Canada’s green record. This important and provocative book provides a road map to protect human health, the well-being of the planet, and the interests of future generations.
Author: Pierre Charbonnier
Publisher: John Wiley & Sons
ISBN: 1509543732
Category : Philosophy
Languages : en
Pages : 271
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Book Description
In this pathbreaking book, Pierre Charbonnier opens up a new intellectual terrain: an environmental history of political ideas. His aim is not to locate the seeds of ecological thought in the history of political ideas as others have done, but rather to show that all political ideas, whether or not they endorse ecological ideals, are informed by a certain conception of our relationship to the Earth and to our environment. The fundamental political categories of modernity were founded on the idea that we could improve on nature, that we could exert a decisive victory over its excesses and claim unlimited access to earthly resources. In this way, modern thinkers imagined a political society of free individuals, equal and prosperous, alongside the development of industry geared towards progress and liberated from the Earth’s shackles. Yet this pact between democracy and growth has now been called into question by climate change and the environmental crisis. It is therefore our duty today to rethink political emancipation, bearing in mind that this can no longer draw on the prospect of infinite growth promised by industrial capitalism. Ecology must draw on the power harnessed by nineteenth-century socialism to respond to the massive impact of industrialization, but it must also rethink the imperative to offer protection to society by taking account of the solidarity of social groups and their conditions in a world transformed by climate change. This timely and original work of social and political theory will be of interest to a wide readership in politics, sociology, environmental studies and the social sciences and humanities generally.
Author: Jefferson Decker
Publisher: Oxford University Press
ISBN: 0190467312
Category : History
Languages : en
Pages : 297
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Book Description
Introduction -- The new liberal state -- Defending enterprise -- Pacific views -- Sagebrush rebels -- The politics of rights -- Governing from the right -- Mountains and sea -- To the slaughterhouse -- Epilogue : regulation and its discontents.
Author: Charles R. Epp
Publisher: University of Chicago Press
ISBN: 022677242X
Category : Law
Languages : en
Pages : 343
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Book Description
It is well known that the scope of individual rights has expanded dramatically in the United States over the last half-century. Less well known is that other countries have experienced "rights revolutions" as well. Charles R. Epp argues that, far from being the fruit of an activist judiciary, the ascendancy of civil rights and liberties has rested on the democratization of access to the courts—the influence of advocacy groups, the establishment of governmental enforcement agencies, the growth of financial and legal resources for ordinary citizens, and the strategic planning of grass roots organizations. In other words, the shift in the rights of individuals is best understood as a "bottom up," rather than a "top down," phenomenon. The Rights Revolution is the first comprehensive and comparative analysis of the growth of civil rights, examining the high courts of the United States, Britain, Canada, and India within their specific constitutional and cultural contexts. It brilliantly revises our understanding of the relationship between courts and social change.
Author: James Longhurst
Publisher: UPNE
ISBN: 1584659114
Category : History
Languages : en
Pages : 274
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Book Description
A telling look at the lives and strategies of women environmental activists in the long 1960s, solidly grounded in a national context
Author: Marco Duranti
Publisher: Oxford University Press
ISBN: 0199811385
Category : History
Languages : en
Pages : 529
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Book Description
This book reconsiders the origins of the European human rights system, arguing that its conservative inventors, foremost among them Winston Churchill, conceived of the European Convention on Human Rights (ECHR) as a means of realizing a controversial political agenda and advancing a Christian vision of European identity.
