Human Rights and the Environment

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Human Rights and the Environment

9781849801386 Edward Elgar Publishing
Edited by Dinah L. Shelton, Manatt/Ahn Professor of International Law (emeritus), George Washington University Law School, US and former member of the Inter-American Commission on Human Rights (2010–2014)
Publication Date: 2011 ISBN: 978 1 84980 138 6 Extent: 1,376 pp
In this topical collection, Professor Dinah Shelton brings together seminal articles published since the Stockholm Conference on the Human Environment that discuss and debate the linkages between human rights and environmental protection. This comprehensive two-volume set successfully encompasses the various approaches and thinking of the leading scholars in the field and is enhanced with an original introduction by the editor. This authoritative and timely book will be of great interest to lawyers, policy-makers, advocates and academics and will serve as an excellent reference tool for anyone with an interest in human rights and the environment.

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In this topical collection, Professor Dinah Shelton brings together seminal articles published since the Stockholm Conference on the Human Environment that discuss and debate the linkages between human rights and environmental protection. This comprehensive two-volume set successfully encompasses the various approaches and thinking of the leading scholars in the field and is enhanced with an original introduction by the editor. This authoritative and timely book will be of great interest to lawyers, policy-makers, advocates and academics and will serve as an excellent reference tool for anyone with an interest in human rights and the environment.
Contributors
30 articles, dating from 1990 to 2009
Contributors include: A. Boyle, R. Hiskes, M. Limon, J. May, J. Nickel, H. Osofsky, O. Pedersen, J. Sax, P. Taylor, R. Tsosie
Contents
Contents:

Volume I

Acknowledgements

Introduction Dinah L. Shelton

PART I THEORETICAL APPROACHES
1. Joseph L. Sax (1990), ‘The Search for Environmental Rights’
2. James W. Nickel (1993), ‘The Human Right to a Safe Environment: Philosophical Perspectives on Its Scope and Justification’
3. Günther Handl (1992), ‘Human Rights and Protection of the Environment: A Mildly ‘Revisionist’ View’
4. Sumudu Atapattu (2002), ‘The Right to a Healthy Life or the Right to Die Polluted?: The Emergence of a Human Right to a Healthy Environment Under International Law’
5. Alan Boyle (2007), ‘Human Rights or Environmental Rights? A Reassessment’
6. Roda Mushkat (2009), ‘Contextualizing Environmental Human Rights: A Relativist Perspective’
7. Hari M. Osofsky (2005), ‘Learning from Environmental Justice: A New Model for International Environmental Rights’
8. Richard P. Hiskes (2005), ‘The Right to a Green Future: Human Rights, Environmentalism, and Intergenerational Justice’
9. James R. May (2006), ‘Constituting Fundamental Environmental Rights Worldwide’
10. Prudence E. Taylor (1998), ‘From Environmental to Ecological Human Rights: A New Dynamic in International Law?’

PART II SPECIFIC ISSUES AND PROBLEMS
11. Malgosia Fitzmaurice (2007), ‘The Human Right to Water’
12. Paul L. Joffe (2009), ‘Conscience and Interest: Law, Rights, and Politics in the Struggle to Confront Climate Change and the New Poverty’
13. Marc Limon (2009), ‘Human Rights and Climate Change: Constructing a Case for Political Action’
14. Cyril Uchenna Gwam (2002), ‘Adverse Effects of the Illicit Movement and Dumping of Hazardous, Toxic, and Dangerous Wastes and Products on the Enjoyment of Human Rights’
15. Michael N. Schmitt (2000), ‘Humanitarian Law and the Environment’
16. Christopher Tracy (1994), ‘The Roots of Influence: Nongovernmental Organizations and the Relationship Between Human Rights and the Environment’
17. Daniel Barstow Magraw and Lauren Baker (2007), ‘Globalization, Communities and Human Rights: Community-Based Property Rights and Prior Informed Consent’


Volume II

Acknowledgements

An introduction to both volumes by the editor appears in Volume I

PART I VULNERABLE POPULATIONS
1. Lawrence Watters (2002), ‘Indigenous Peoples and the Environment: Convergence from a Nordic Perspective’
2. Cherie Metcalf (2003), ‘Indigenous Rights and the Environment: Evolving International Law’
3. Rebecca Tsosie (2007), ‘Indigenous People and Environmental Justice: The Impact of Climate Change’
4. Aurelie Lopez (2007), ‘The Protection of Environmentally-Displaced Persons in International Law’
5. Karen E. MacDonald (2006), ‘Sustaining the Environmental Rights of Children: An Exploratory Critique’

PART II INTERNATIONAL TEXTS AND JURISPRUDENCE
6. Neil A.F. Popović (1996), ‘In Pursuit of Environmental Human Rights: Commentary on the Draft Declaration of Principles on Human Rights and the Environment’
7. John H. Knox (2009), ‘Linking Human Rights and Climate Change at the United Nations’
8. Dinah Shelton (2010), ‘Developing Substantive Environmental Rights’
9. Stephen J. Powell (2007), ‘Should or Must?: Nature of the Obligation of States to Use Trade Instruments for the Advancement of Environmental, Labour, and Other Human Rights’
10. Ole W. Pedersen (2008), ‘European Environmental Human Rights and Environmental Rights: A Long Time Coming?’
11. Kristof Hectors (2008), ‘The Chartering of Environmental Protection: Exploring the Boundaries of Environmental Protection as Human Right’
12. Jona Razzaque (2007), ‘Linking Human Rights, Development, and Environment: Experiences from Litigation in South Asia’
13. Cesare Pitea (2006), ‘The Non-Compliance Procedure of the Aarhus Convention: Between Environmental and Human Rights Control Mechanisms’
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