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Conflicts between environmental protection laws and human rights present delicate trade-offs when concerns for social and ecological justice are increasingly intertwined. This book retraces how the legal ordering of environmental protection evolved over time and progressively merged with human rights concerns, thereby leading to a synergistic framing of their relation. It explores the world-making effects this framing performed by establishing how 'humans' ought to relate to 'nature', and examines the role played by legislators, experts and adjudicators in (re)producing it. While it questions, contextualises and problematises how and why this dominant framing was construed, it also reveals how the conflicts that underpin this relationship – and the victims they affect – mainly remained unseen. The analysis critically evaluates the argumentative tropes and adjudicative strategies used in the environmental case-law of regional courts to understand how these conflicts are judicially mediated, thereby opening space for new modes of politics, legal imagination and representation.
This research inquiries into the meanings that have been ascribed to the 'environment' in relation to human rights in international law and adjudication. It retraces the historical nexus between international environmental law and human rights law and provides a genealogical account of their interconnectedness. The analysis reveals that a synergistic frame dominates the portrayal of how both regimes interact, while conflicts of norms inherent to this relationship remain overlooked. To bridge this gap, this research constructs a theoretical typology of conflicts between environmental laws and human rights and maps out the formal conflict prevention, conflict resolution and conflict avoidance techniques that exist to manage the tensions. An empirical analysis of conflicts decided by regional human rights courts reveals the politics that underlie the management of conflicts and exemplifies how courts developed specific strategies to counter the legal, factual and scientific indeterminacy that underpins the trade-offs. To justify their judicial decisions, adjudicators re-inject determinacy, objectivity and impartiality into their reasoning by articulating their arguments in an idiom of universality. Two 'universalisation strategies' are induced from the cases. First, environmental protection is framed as a ‘general’ interest and thereby granted additional weight in the balancing exercise against relative human rights. What the ‘general’ interest in environmental protection means and entails, however, cannot be epistemologically defined. By having recourse to this abstract concept, adjudicators continuously expand its content by subsuming certain substantive and procedural environmental concerns into it and discarding others. In doing so, adjudicators play a determining role in defining the environment-human rights nexus and legitimise certain visions of this interface rather than others. A form of hegemony is thereby taking place, which the research assesses through sociological (Bourdieu), political (Gramsci) and legal (Koskenniemi) lenses. A second ‘universalisation strategy’ used to counter indeterminacy is observable in the reliance of courts on scientific and technical experts’ data to determine 'optimal' outcomes. Reliance on expertise, it is demonstrated, grants weight to specific arguments in the balancing exercise and gives rise to an expert-based managerial approach to conflict adjudication. The research concludes with a reflection on the depoliticising effects involved in the juridification of environmental concerns and questions the suitability of international human rights law for radical environmental politics and change.
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.
This title was first published in 2003. Environmental Human Rights redefines the political, ethical and legal relationships between the environment and human rights to claim the human rights to an environment free from toxic pollution and to natural resources. Through a focus on the operational dynamics of social power, this compelling book details how global capitalism subjugates concerns of human security and environmental protection to the values of allocative efficiency and economic growth. The capacity of social power to construct ethical norms and to determine the efficacy of law is examined to explain how ethical and legal concepts have been selectively applied to accommodate existing patterns of production, consumption and exchange that cause environmental degradation and human rights violations. By looking at how environmental values have been systematically excluded from the human rights discourse, the book claims that human rights politics and law has been constructed on double standards to accommodate the destructive forces of capitalism.
This book explores the philosophical, theoretical and legal bases that underpin the linkage between human rights and the environment. Such linkage, grounded in reality, is an innovative way of addressing environmental issues through the lens of a well-established international human rights system. The book argues that a new set of environmental rights is gradually forging its way into international law and suggests a re-configuration of the human rights system in the context of sustainable development and the notion of solidarity rights. In doing so, two sets of concepts are considered: first, the possibility of a rapprochement between environmental ethics and the human rights doctrine and, second, the theoretical and practical links among the concepts of development, democracy, environment and sustainable development.
Bringing together leading international scholars in the field, this Research Handbook interrogates, from various angles and positions, the fractious relationship between human rights and the environment and between human rights and environmental law.
The book illuminates the nature, extent, and political implications of normative conflicts between environmental protection laws and human rights.
Environment, by Alan Boyle
This book considers and clarifies many different facets of the international human right to a healthy environment.