Environmental Law and Justice in Context

doi:10.1017/CBO9780511576027

This collection of essays discusses the extent to which considerations of justice and fairness have permeated the legal debate on environmental protection. Written by a wide range of contributors who have approached the subject from fresh theoretical and practical perspectives, the essays examine how these permutations of justice have influenced policy choices relating to topics like climate change, protection of the stratospheric zone, trade and the conduct of warfare. The significance of participatory rights as a medium for the realisation of environmental justice is given extended treatment, and the contributors also assess the congruence between environmental justice and structural issues, such as gender, class, state borders and, on a global scale, North-South relations. The book will inform and stimulate debate on an important-yet-neglected aspect of the environmental discourse, and is highly recommended for researchers and students of international and domestic law, political science and international relations.

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Contents

Frontmatter
pp i-iv
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Contents
pp v-vii
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List of contributors
pp viii-x
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Preface and acknowledgments
pp xi-xii
- By Jonas Ebbesson, Phoebe Okowa
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1 - Introduction: dimensions of justice in environmental law
pp 1-36
- By Jonas Ebbesson
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Part I - The notion of justice in environmental law
pp 37-38
- By Richard Falk
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2 - The second cycle of ecological urgency: an environmental justice perspective
pp 39-54
- By Richard Falk
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3 - Describing the elephant: international justice and environmental law
pp 55-75
- By Dinah Shelton
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4 - Law, justice and rights: some implications of a global perspective
pp 76-97
- By William Twining
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5 - Gender and environmental law and justice: thoughts on sustainable masculinities
pp 98-114
- By Hanne Petersen
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Part II - Public participation and access to the judiciary
pp 115-116
- By Jona Razzaque
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6 - Participatory rights in natural resource management: the role of communities in South Asia
pp 117-138
- By Jona Razzaque
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7 - Public participation and the challenges of environmental justice in China
pp 139-157
- By Qun Du
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8 - Environmental justice through courts in countries in economic transition
pp 158-175
- By Stephen Stec
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9 - Environmental justice through environmental courts? Lessons learned from the Swedish experience
pp 176-194
- By Jan Darpö
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10 - Environmental justice in the European Court of Justice
pp 195-210
- By Ludwig Krämer
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11 - Environmental justice through international complaint procedures? Comparing the Aarhus Convention and the North American Agreement on Environmental Cooperation
pp 211-228
- By Malgosia Fitzmaurice
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Part III - State sovereignty and state borders
pp 229-230
- By Phoebe Okowa
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12 - Environmental justice in situations of armed conflict
pp 231-252
- By Phoebe Okowa
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13 - Sovereignty and environmental justice in international law
pp 253-269
- By André Nollkaemper
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14 - Piercing the state veil in pursuit of environmental justice
pp 270-294
- By Jonas Ebbesson
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Part IV - North–South concerns in global contexts
pp 295-296
- By Karin Mickelson
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15 - Competing narratives of justice in North–South environmental relations: the case of ozone layer depletion
pp 297-315
- By Karin Mickelson
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16 - Climate change, global environmental justice and international environmental law
pp 316-332
- By Jutta Brunnée
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17 - Justice in global environmental negotiations: the case of desertification
pp 333-348
- By Bo Kjellén
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Part V - Access to natural resources
pp 349-350
- By Ellen Hey
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18 - Distributive justice and procedural fairness in global water law
pp 351-370
- By Ellen Hey
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19 - Environmental justice in the use, knowledge and exploitation of genetic resources
pp 371-389
- By Philippe Cullet
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20 - Law, gender and environmental resources: women's access to environmental justice in East Africa
pp 390-408
- By Patricia Kameri-Mbote
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Part VI - Corporate activities and trade
pp 409-410
- By Hans Christian Bugge
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