Research Handbook on Human Rights and the Environment


Research Handbook on Human Rights and the Environment

9781782544425 Edward Elgar Publishing
Edited by Anna Grear, Adjunct Professor of Law, University of Waikato, New Zealand and Louis J. Kotzé, Research Professor, North-West University, South Africa and Senior Professorial Fellow in Earth System Law, University of Lincoln, UK
Publication Date: 2015 ISBN: 978 1 78254 442 5 Extent: 584 pp
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 Handbook provides researchers and students with a fertile source of reflection and engagement with this most important of contemporary legal relationships. Law’s complex role in the mediation of the relationship between humanity and the living order is richly reflected in this timely and authoritative collection.

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Bringing together leading international scholars in the field, this authoritative Handbook combines critical and doctrinal scholarship to illuminate some of the challenging tensions in the legal relationships between humans and the environment, and human rights and environment law.

The accomplished contributors provide researchers and students with a rich source of reflection and engagement with the topic. Split into five parts, the book covers epistemologies, core values and closures, constitutionalisms, universalisms and regionalisms, with a final concluding section exploring major challenges and alternative futures.

An essential resource for students and scholars of human rights law, the volume will also be of significant interest to those in the fields of environmental and constitutional law.
Critical Acclaim
‘Professors Grear and Kotzé have masterfully fashioned a landmark work on human rights and the natural environment. This Research Handbook is more than just a library of current ideas about this important topic; it is an intellectual tour de force that stimulates new thinking on the place of social justice and moral responsibility in the Anthropocene.’
– Benjamin J. Richardson, University of Tasmania, Australia

‘As the connections between human rights and the environment become deeper and broader, this Handbook offers an indispensable point of reference. A seriously impressive group of scholars addresses a seriously interesting range of themes that inform and challenge the totality of our understanding.’
– Philippe Sands, University College London, UK

Contributors: S. Adelman, U. Beyerlin, K. Bosselmann, D.R Boyd, P.D. Burdon, L. Code, L. Collins, S. Coyle, C.G Gonzalez, E. Grant, A. Grear, E. Hey, C.J. Iorns Magallanes, B. Jessup, A. Jones, A. A. Khavari, L.J. Kotzé, R. Lyster, K. Morrow, A. Philippopoulos-Mihalopoulos, W. Scholtz, P. Simons, S. Thériault, F. Venter


1. An Invitation to Epistemic Travellers – Towards Future Worlds in Waiting: Human Rights and the Environment in the Twenty-first Century
Anna Grear and Louis J. Kotzé

2. Epistemologies of Mastery
Sam Adelman

3. Epistemologies of Doubt
Andreas Philippopoulos-Mihalopoulos

4. Ecological Subjectivities, Responsibilities, and Agency
Lorraine Code

5. Environmental Human Rights: A Constructive Critique
Peter D. Burdon

6. The Closures of Legal Subjectivity: Why Examining ‘Law’s Person’ is Critical to an Understanding of Injustice in an Age of Climate Crisis
Anna Grear

7. Property Rights, Environmental Justice and Worldly Order – Lessons from Natural Law
Sean Coyle

8. Re-imagining the Role of the Sovereign State and Individual Rights in Mitigating the Effects of the Deterioration of the Environment
Francois Venter

9. Human Rights and the Environment through an Environmental Constitutionalism Lens
Louis J. Kotzé

10. Constitutions, Human Rights and the Environment: National Approaches
David R. Boyd

11. Sustainability, Environmental Citizenship Rights and the Ongoing Challenges of Reshaping Supranational Environmental Governance
Karen Morrow

12. The United Nations, Human Rights and the Environment
Lynda Collins

Regionalisms 1: Troubled Conversations?

13. In One Ear and Out the Other: Human Rights Consultations and Environmental Discourses for Human Rights in Australasia
Brad Jessup and Annette Jones

14. Reflecting on Cosmology and Environmental Protection: Maori Cultural Rights in Aotearoa New Zealand
Catherine J. Iorns Magallanes

15. Environmental Justice and the Inter-American Court of Human Rights
Sophie Thériault

Regionalisms 2: Participations?
16. Aligning International Environmental Governance with the ‘Aarhus Principles’ and Participatory Human Rights
Ulrich Beyerlin

17. The Interaction Between Human Rights and the Environment in the European ‘Aarhus Space’
Ellen Hey

Regionalisms 3: Receptivities?
18. International Courts and Environmental Human Rights: Re-Imagining Adjudicative Paradigms
Evadne Grant

19. Human Rights and the Environment in the African Union Context
Werner Scholtz

20. Protecting the Human Rights of Climate Displaced Persons: The Promise and Limits of the United Nations Framework Convention on Climate Change
Rosemary Lyster

21. Human Rights, Environmental Justice, and the North-South Divide
Carmen G. Gonzalez

22. Selectivity in Law-Making: Regulating Extraterritorial Environmental Harm and Human Rights Violations by Transnational Extractive Corporations Penelope Simons

23. Ecosystem Services, Fear and the Subjects of Environmental Human Rights
Afshin Akhtar Khavari

24. Environmental and Human Rights in Ethical Context
Klaus Bosselmann


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