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Research Handbook on Law, Environment and the Global South

Edited by Philippe Cullet, Professor of Environmental Law, SOAS University of London and Senior Visiting Fellow, Centre for Policy Research, New Delhi and Sujith Koonan, Assistant Professor, Faculty of Law, University of Delhi, India
This comprehensive Research Handbook offers an innovative analysis of environmental law in the global South and contributes to an important reassessment of some of its major underlying concepts. The Research Handbook discusses areas rarely prioritized in environmental law, such as land rights, and underlines how these intersect with issues including poverty, livelihoods and the use of natural resources, challenging familiar narratives around development and sustainability in this context and providing new insights into environmental justice.
Extent: c 512 pp
Hardback Price: $290.00 Web: $261.00
Publication Date: November 2019
ISBN: 978 1 78471 745 2
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  • Development Studies
  • Development Studies
  • Law and Development
  • Environment
  • Environmental Law
  • Law - Academic
  • Environmental Law
  • Law and Development
This comprehensive Research Handbook offers an innovative analysis of environmental law in the global South. It contributes to an important reassessment of some of the major concepts underlying environmental law, from a perspective that emphasizes how their application affects poor and marginalized people as well as the wider ecosystems in which they live.  

Through legal analysis of environmental issues themselves, rather than the often limited discussion of existing legal instruments, this Research Handbook discusses areas rarely prioritized in environmental law, such as land rights, and underlines how these intersect with issues including poverty, livelihoods and the use of natural resources. Featuring contributors largely from, or working in, the global South with a variety of approaches and backgrounds, the Research Handbook challenges familiar narratives around development and sustainability in this context and provides new insights into environmental rights and justice.

Researchers and postgraduate students will find this Research Handbook’s unique perspective invaluable, particularly in the context of a growing interest in ‘people-centric’ environmental law. Policy-makers and activists in the global South will also be interested in its analysis of key issues and suggestions for alternative models and future policy.
‘Professors Cullet and Koonan have assembled an impressive array of scholars from the global South for this state of the art Research Handbook. It takes the perspective that efforts to sustain the ecological basis of all life must first consider the lives of poor and marginalized people who are often further harmed by the rules that should protect them. As such, it is invaluable for the reader looking for a guide to sustaining and synergizing human and nonhuman ecologies in the 21st century.’
– David Takacs, University of California, Hastings College of the Law, US

‘Environmental law has often adopted an ahistorical, technocratic approach to environmental protection that neglects the relationship between the abuse of nature and the exploitation and subordination of human beings. This book gives voice to the perspectives and priorities of marginalized communities in the South and the North, and places justice at the centre rather than the periphery of environmental law and policy.’
– Carmen G. Gonzalez, Seattle University, US
Contributors include: S. Adelman, U. Baxi, V. Bhagat-Ganguly, S. Bhattacharjee, L. Bhullar, C.R. Bijoy, P. Cullet, J. Dehm, B. Gebremichael, K. Gill, S. Gopalakrishnan, E. Grant, M. Gupta, T. Kaime, P. Kameri-Mbote, A.H. Khan, M. Kidd, K. Kohli, S. Koonan, A. Kothari, L. Kotzé, F. Lesniewska, L. Lohmann, M. Menon, F. Padel, U. Ramanthan, J. Razzaque, G. Sahu, P. Sampat

Contents:

Introduction: Law and Environment – global south perspectives
Philippe Cullet and Sujith Koonan

Part I Questioning the Concepts of Development and Sustainability
1. Intergenerational Justice, Water Rights, and Climate Change
Upendra Baxi

2. Justice, Development and Sustainability in the Anthropocene
Sam Adelman

3. Neoliberalism, law and nature
Larry Lohmann

4. Radical Well-being Alternatives to Development
Ashish Kothari

Part II Environmental Rights, Environmental Justice and Access to Remedies
5. Environmental Rights In The Global South
Louis J. Kotzé and Evadne Grant

6. North-South Transboundary Movement of Hazardous Wastes – The Basel Ban and Environmental Justice
Julia Dehm and Adil Hasan Khan

7. The Bhopal Case: Retrospect and Prospect
Usha Ramanathan

Part III Land Use, Acquisition and Dispossession
8. Land Rights, Poverty and Livelihoods: The Case of Ethiopia
Michael G. Brightman

9. Wildlife Conservation and Land Rights in Kenya: Competing or Complementary Agendas?
Patricia Kameri-Mbote

10. Land-grabs and Dispossession in India: Laws of Value
Preeti Sampat

Part IV Forests: A Contested Resource or Commodity
11. Environmental impact assessment in the context of mangrove forest ecosystem management in Bangladesh: A case study of Rampal coal power plant project
Jona Razzaque

12. Forests, People and Poverty: Reforming the Global Development Paradigm in the Anthropocene
Feja Lesniewska

13. Access to and Control over Forest Resources—The Case of the Forest Rights Act, 2006 in India
Shankar Gopalakrishnan

Part V Indigenous peoples: Resource Use, Conservation, Livelihoods and Rights
14. Forest Rights and Tribals in Mineral Rich Areas of India: The Vedanta case and beyond
Geetanjoy Sahu

15. Conservation and Livelihoods: Conflicts or Convergence
C.R. Bijoy

Part VI Energy and the Environment
16. International Energy Policy For Development: Human Rights and Sustainable Development Law Imperatives
Thoko Kaime

17. Nuclear Energy and Liability: an Environmental Perspective
Saurabh Bhattacharjee

Part VII Water: Privatisation, Development and Human Rights
18. Realisation of the Right to Water: Lessons from South Africa
Michael Kidd

19. Dams and Displacement: The Case of the Sardar Sarovar Project, India
Varsha Bhagat-Ganguly

20. Wastewater Reuse in Irrigated Agriculture in urban and peri-urban India: A farmers’ rights perspective
Lovleen Bhullar

Part VIII Commercial and Industrial Use of Resources and Equity
21. Mining, Development and Environment in India
Felix Padel and Malvika Gupta

22. Environment Impact Assessment in India: Contestations Over Regulating Development
Manju Menon and Kanchi Kohli

23. The Informal Waste Sector: ‘Surplus’ Labour, Detritus, and the Right to the Post-colonial City
Kaveri Gill

Index