Human rights and the environment : key issues

✍ Scribed by Andrea Schapper; Sumudu A. Atapattu

• Publisher: Routledge
• Year: 2019
• Tongue: English
• Leaves: 385
• Series: Key issues in environment and sustainability
• Category: Library

✦ Table of Contents

Cover
Endorsement
Half Title
Series Page
Title Page
Copyright Page
Dedication
Table of Contents
Acknowledgements
Abbreviations
List of Tables
Cases
Part I: Introduction and evolution
Chapter 1: Human rights and environmental protection: framing the issues
Introduction
What are environmental rights?
The tale of three frameworks
Environmental justice
Sustainable development
From Millennium Development Goals to Sustainable Development Goals
Sustainable Development Goals
Sustainable development versus sustainability
Critical voices
Other frameworks
Structure of the volume
References
Chapter 2: Emergence of a human right to a healthy environment
Introduction
Articulation of environmental rights and jurisprudential bases
An overview of human rights institutions
Developments at the UN: the creation of special mandates
Appointment of a Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes
Proposals that have been advanced
Conclusion
Note
References
Chapter 3: Pros and cons of a human rights-based approach to environmental protection
Introduction
Contradictory or complementary?
Advantages
Disadvantages
Enforcement
Ideological and disciplinary tensions
Conclusion
References
Chapter 4: Regional systems of human rights
Introduction
Regional systems of human rights
Conclusion
Notes
References
Cases
Part II: Human rights of special relevance to environmental protection
Chapter 5: Substantive rights
Introduction
Substantive rights infringed by environmental degradation
Concluding observations of the Committee on Economic, Social and Cultural Rights
Conclusion
References
Cases
Chapter 6: Procedural rights
Introduction
Evolution of participatory rights
Access to information
Public participation
Access to justice
Indigenous peoples
Case law
Human rights defenders
Conclusion
Note
References
Cases
Chapter 7: Constitutional developments
Introduction
Selected constitutional provisions on environmental rights
Provisions relating to sustainable development, public trust, and climate change
Lessons from global environmental constitutionalism
References
Cases
Chapter 8: Selected national cases
Introduction
Selected cases from around the world
National human rights commissions
Conclusion
Notes
References
Cases
Part III: Climate change and human rights
Chapter 9: From UNFCCC to Paris Agreement: A human rights assessment
Introduction
The establishment of the IPCC and the adoption of the UNFCCC
The link between climate change and human rights
Rights at jeopardy
Procedural rights
Mitigation and adaptation measures
Vulnerable groups and states
Climate-related displacement
Climate litigation
Duty-bearers and rights-holders
Climate justice versus human rights
Conclusion
References
Cases
Chapter 10: Social movements and civil society
Introduction
The environmental justice movement: key concepts and issues
Environmental advocacy networks
The climate justice movement
Environmental human rights defenders
Conclusion
References
Chapter 11: Vulnerability and climate change
Introduction
Vulnerable groups
References
Chapter 12: Mitigation, adaptation, and loss and damage
Introduction
Climate change mitigation from a human rights perspective
Climate change adaptation from a human rights perspective
Loss and damage from a human rights perspective
Note
References
Part IV: Emerging issues related to environmental rights
Chapter 13: Extraterritorial application of environmental rights
Introduction
A lesson from history
Maastricht Principles on Extraterritorial Obligations of States in Maastricht Principles on Extraterritorial Obligations of States in
Diagonal human/environmental rights?
Cases where extraterritorial damage was alleged
Novel approaches to extraterritoriality – a lesson from history
Conclusion
References
Chapter 14: Business, human rights, and the environment
Introduction
Voluntary efforts or binding norms?
UN Special Representative on Business and Human Rights
Soft law and self-regulative initiatives
UN Guiding Principles on Business and Human Rights
Foundational principles of the UN Guiding Principles on Business and Human Rights
Case Study: The Philippines’ “Carbon Majors” Petition
References
Chapter 15: Inter-generational rights, animal rights, and rights of nature and ecosystems
Introduction
Inter-generational rights
Animal rights
Rights of nature and ecosystems
Conclusion
References
Chapter 16: Human rights and the environment: square pegs in round holes?
Introduction
Environmental rights, human rights, and good governance
Where next?
References
Index