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This book looks into the developmental policies that have been followed in India since independence and their impact on both the environment and human rights. It also explores some of the major theoretical discourses, and debates these topics and the responses large-scale developmental projects in India have elicited from marginalized sections of society. The book presents a synoptic view of how sustainable development in India may be attained, focusing on three controversial Indian developmental projects, namely the Narmada River Valley project, bauxite mining by Vedanta Resources in Orissa and Kudankulam nuclear power plant, taking these cases as representative of large-scale developmental projects laid out in India.
The book examines the genesis and development of environmental rights (or the Right to Environment) in international law and discusses their philosophical, theoretical and legal underpinnings in the context of sustainable development and the notion of solidarity rights.
This book examines the current status of environmental human rights at the international, regional, and national levels and provides a critical analysis of possible future developments in this area, particularly in the context of a changing climate. It examines various conceptualisations of environmental human rights, including procedural rights relating to the environment, constitutional environmental rights, the environmental dimensions of existing human rights such as the rights to water, health, food, housing and life, and the notion of a stand-alone human right to a healthy environment. The book addresses the topic from a variety of perspectives, drawing on underlying theories of human rights as well as a range of legal, political, and pragmatic considerations. It examines the scope of current human rights, particularly those enshrined in international and regional human rights law, to explore their application and enforceability in relation to environmental problems, identifying potential barriers to more effective implementation. It also analyses the rationale for constitutional recognition of environmental rights and considers the impact that this area of law has had, both in terms of achieving stronger environmental protection and environmental justice, as well as in influencing the development of human rights law more generally. The book identifies climate change as the key environmental challenge facing the global community, as well as a major cause of negative human rights impacts. It examines the contribution that environmental human rights might make to rights-based approaches to climate change.
This book provides a solid understanding of both human rights and environmental issues. Combining the authors' specialisms in law and politics, this is a truly inter-disciplinary resource that will be essential for students of human rights, environmental studies, international law, international relations, politics and philosophy.
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.
This open access book analyses the interplay of sustainable development and human rights from different perspectives including fight against poverty, health, gender equality, working conditions, climate change and the role of private actors. Each aspect is addressed from a more human rights-focused angle and a development-policy angle. This allows comparisons between the different approaches but also seeks to close gaps which would remain if only one perspective would be at the center of the discussions. Specifically, the book shows the strong connections between human rights and the objectives of the 2030 Agenda for Sustainable Development and the Sustainable Development Goals adopted by the United Nations in 2015. Already the preamble of this document explicitly states that "the 17 Sustainable Development Goals ... seek to realise the human rights of all". Moreover, several goals and targets of the 2030 Agenda correspond to already existing individual human rights obligations. The contributions of this volume therefore also address how the implementation of human rights and SDGs can reinforce each other, but also point to critical shortcomings of the different approaches.
This book considers and clarifies many different facets of the international human right to a healthy environment.
A comprehensive and systematic guide to environmental rights and their relationship with standards of protection globally, nationally and locally.
This inquiry into the human rights dimensions of climate change identifies future perspectives, concerns and dilemmas for law and policy.