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The Human Right to a Healthy Environment

$29.99

John H. Knox, Ramin Pejan, David R. Boyd, Erin Daly, James R. May, Lilian Chenwi, Ole W. Pedersen, Dinah Shelton, Rebecca M. Bratspies, Louis J. Kotzé, César Rodríguez-Garavito, Marcos Orellana, Daniel Magraw, Kristina Wienhöfer, Marc Limon, Lavanya Rajamani, Sumudu Atapattu
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  • Date Published: June 2018
  • availability: Available
  • format: Paperback
  • isbn: 9781108431583

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About the Authors
  • The absence of a globally recognized right to a healthy environment has not prevented the development of human rights norms relating to the environment. Indeed, one of the most noteworthy aspects of human rights law over the last twenty years is that UN treaty bodies, regional tribunals, special rapporteurs, and other human rights mechanisms have applied human rights law to environmental issues even without a stand-alone, justiciable human right to a healthy environment. In The Human Right to a Healthy Environment, a diverse set of scholars and practitioners, all of whom have been instrumental in defining the relationship between human rights and the environment, provide their thoughts on what is, or should be, the role of an international human right to a healthy environment. The right to a healthy environment could be a capstone to this field of law, could help to provide structure to it, or could move it in new directions.

    • Readers will become up-to-speed in a rapidly developing field
    • Provides a historical summary of the relationship between human rights and the environment
    • Readers will have access in one volume to scholars all of whom have been instrumental in defining the relationship between human rights and the environment
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    Reviews & endorsements

    'In assembling this collection of essays, John H. Knox and Ramin Pejan have sought to deliver 'a continuing conversation on the relationship between human rights and the environment'. They have succeeded admirably in generating a wide-ranging and diverse debate about a topic which loses none of its relevance in a world where climate change and global environmental destruction threaten the future of humanity itself.' Alan Boyle, Edinburgh University

    'The right to breathe is surely the most fundamental of all rights, and the state of our planet must be placed at the heart of the human rights issue. The Human Right to a Healthy Environment advances this critical cause and supports the often deadly work of countless environmental defenders around the world. Its message is simple: we have both a moral and a legal imperative to act.' Erik Solheim, Head of UN Environment

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    Product details

    • Date Published: June 2018
    • format: Paperback
    • isbn: 9781108431583
    • length: 306 pages
    • dimensions: 228 x 153 x 17 mm
    • weight: 0.46kg
    • contains: 1 table
    • availability: Available
  • Table of Contents

    1. Introduction John H. Knox and Ramin Pejan
    2. Catalyst for change: evaluating forty years of experience in implementing the right to a healthy environment David R. Boyd
    3. Learning from constitutional environment rights Erin Daly and James R. May
    4. The right to a satisfactory, healthy and sustainable environment in the African regional human rights system Lilian Chenwi
    5. The European Court of Human Rights and international environmental law Ole W. Pedersen
    6. Complexities and uncertainties in matters of human rights and the environment: identifying the judicial role Dinah Shelton
    7. Reasoning up: environmental rights as customary international law Rebecca M. Bratspies
    8. In search of a right to a healthy environment in international law: jus cogens norms Louis J. Kotzé
    9. A human right to a healthy environment? Moral, legal and empirical considerations César Rodríguez-Garavito
    10. Quality control of the right to a healthy environment Marcos Orellana
    11. The Malé formulation of the overarching environmental human right Daniel Magraw and Kristina Wienhöfer
    12. The politics of human rights, the environment, and climate change at the human rights council: towards a universal right to a healthy environment? Marc Limon
    13. Human rights in the climate change regime: from Rio to Paris and beyond Lavanya Rajamani
    14. The right to a healthy environment and climate change: mismatch or harmony? Sumudu Atapattu.

  • Editors

    John H. Knox, Wake Forest University, North Carolina
    John H. Knox is Henry C. Lauerman Professor of International Law at Wake Forest University, North Carolina, he has written extensively on human rights and environmental issues. The first UN special rapporteur on human rights and the environment, he has led the effort to understand and promote the application of human rights to environmental issues. He won the Francis Deák Prize for scholarship in 2003. Between 1999 and 2005, he chaired a national advisory committee to the US Environmental Protection Agency, and from 2008 to 2012 he was of counsel to the Center for International Environmental Law.

    Ramin Pejan, Earthjustice
    Ramin Pejan is a staff attorney at Earthjustice's International Program, based in San Francisco. He is also an adjunct clinical professor at the University of California, Irvine, School of Law, in its International Justice Clinic. Prior to Earthjustice, Ramin worked for the United Nations Office of the High Commissioner for Human Rights and the United Nations Environment Programme on the links between human rights and environmental issues. From 2010 to 2012, Ramin worked in Bushbuckridge, South Africa, as legal counsel for the Association for Water and Rural Development, a non-profit organization focusing on water resource management issues in rural South Africa.

    Contributors

    John H. Knox, Ramin Pejan, David R. Boyd, Erin Daly, James R. May, Lilian Chenwi, Ole W. Pedersen, Dinah Shelton, Rebecca M. Bratspies, Louis J. Kotzé, César Rodríguez-Garavito, Marcos Orellana, Daniel Magraw, Kristina Wienhöfer, Marc Limon, Lavanya Rajamani, Sumudu Atapattu

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