On Climate Rent

2014 ◽  
Vol 22 (3-4) ◽  
pp. 251-280 ◽  
Author(s):  
Romain Felli
Keyword(s):  
International Law ◽  
Emissions Trading ◽  
Carbon Markets ◽  
Public Property ◽  
Political Debates ◽  
Emission Rights ◽  
Commodification Of Nature ◽  
The Right ◽  
Climate Rent ◽  
Domestic Level

As environmental degradation becomes a growing concern, this article argues that the development of international law on climate change expresses the deep social contradictions between accumulation and reproduction under capitalism. These contradictions are translated into the creation of a form of public property over the right to emit greenhouse gases (and not the ‘privatisation’ of the atmosphere). This public property is unequally distributed amongst states in an imperialist manner. The distribution of these rights at the domestic level amounts to the distribution of rights to climate rent. Contrary to popular accounts of the ‘commodification’ of nature, I argue that emission rights are not ‘commodities’, and emissions trading and carbon markets are not ‘accumulation strategies’. These are merely depoliticised forms in which climate rent is extracted and circulates to preclude political debates about the goals of production.

Appropriating Nature: Commerce, Property, and the Commodification of Nature in the Law of Nations

2014 ◽  
Vol 27 (3) ◽  
pp. 641-660 ◽  
Author(s):  
ILEANA PORRAS
Keyword(s):  
International Law ◽  
Common Good ◽  
Fundamental Rights ◽  
Urgent Task ◽  
Hugo Grotius ◽  
Law Of Nations ◽  
The Law ◽  
Commodification Of Nature ◽  
The Right ◽  
Francisco De Vitoria

AbstractThis article explores the structural link between international law's long-standing doctrinal commitment to commerce and its inability to act decisively on behalf of the environment. One of the fundamental rights the early authors of jus gentium discovered was the right to engage in commerce. Francisco de Vitoria, Alberico Gentili, and Hugo Grotius each drew on and applied a providentialist theory of commerce. The doctrine held that Providence distributed scarcity and plenty across the earth so that peoples could not be self-sufficient, but would need to go in search of one another in order to acquire what they lacked. Commerce imagined in its pure form of reciprocal, mutually beneficial exchange would be the means to bring separated mankind to friendship. The embrace of the providentialist doctrine by these early exponents of the law of nations, carried forward by Emer de Vattel, set the stage for international law's longstanding commitment to international commerce, viewed (despite all the distortions) as a virtuous activity that tends to the common good. The doctrine's additional legacy was the installation of a view of nature as commodity. The providentialist doctrine of commerce, adopted by the early authors of international law, remains embedded in the structure of international law and cannot easily be dislodged. Until this doctrine is dislodged, however, international law will continue to be hobbled in its ability to address the urgent task of protecting the natural environment.

From External to the Internal Application of the Right to Self-Determination: The Case of Nepal

2014 ◽  
Vol 21 (3) ◽  
pp. 330-370 ◽  
Author(s):  
Surendra Bhandari
Keyword(s):  
International Law ◽  
Minority Groups ◽  
Self Determination ◽  
Post Conflict ◽  
State Restructuring ◽  
International Laws ◽  
The Right ◽  
International Instruments ◽  
Domestic Level ◽  
Conflict Period

Even until a few decades ago, international law and its principles could hardly be contemplated as playing catalytic roles in fashioning the rights of people at domestic levels. Today a number of international instruments do not only constitute the rights of people, but also people are giving much prominence to rights enshrined in international law and demanding their implementation at domestic levels. In this context, Nepal presents a noteworthy case, especially in regard to the protection and promotion of the rights of minority groups, ethnic groups, and indigenous people at the domestic level in consonance with international laws related to the rights of self-determination. Against this background, this paper examines the issue of the right to self-determination, its external and internal application, its epistemology, and problems associated with its implementation in the context of state restructuring in the post-conflict period of Nepal.

Domestic Manifestations of International Law's Right to Water: A Comparative Analysis of Emerging Rights Obligations in Finland and South Africa

2017 ◽  
Vol 25 (2) ◽  
pp. 261-292
Author(s):  
Antti Belinskij ◽  
Louis J. Kotzé ◽  
Oliver Fuo
Keyword(s):  
South Africa ◽  
Comparative Analysis ◽  
International Law ◽  
Socioeconomic Development ◽  
Legal Regimes ◽  
The Right ◽  
Domestic Level

Against the backdrop of the content and specific obligations arising from the right to water in international law, this article compares how the legal regimes in Finland and South Africa protect the right to water. The discussion shows that both countries provide two extensive and very different constitutional frameworks to regulate the right to water. Variances in approach at the domestic level is attributed to differences in legal cultures, hydrological circumstances and stages of socioeconomic development. It is argued that diverse development challenges may justify the need for different legislative and other measures to realise the right to water at the domestic level.

PENERAPAN PRINSIP PERSONA NON GRATA TERHADAP DUTA BESAR DITINJAU DARI PERSPEKTIF HUKUM INTERNASIONAL (STUDI KASUS PENGANIAYAAN TKI OLEH DUTA BESAR ARAB SAUDI DI JERMAN)

2019 ◽  
Vol 1 (1) ◽  
pp. 60-71
Author(s):  
Devi Yusvitasari
Keyword(s):  
International Relations ◽  
International Law ◽  
Recipient Country ◽  
Secondary Data ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
National Interests ◽  
The World ◽  
Diplomatic Immunity ◽  
The Right

A country needs to make contact with each other based on the national interests of each country related to each other, including among others economic, social, cultural, legal, political, and so on. With constant and continuous association between the nations of the world, it is one of the conditions for the existence of the international community. One form of cooperation between countries in the world is in the form of international relations by placing diplomatic representation in various countries. These representatives have diplomatic immunity and diplomatic immunity privileges that are in accordance with the jurisdiction of the recipient country and civil and criminal immunity for witnesses. The writing of the article entitled "The Application of the Principle of Non-Grata Persona to the Ambassador Judging from the Perspective of International Law" describes how the law on the abuse of diplomatic immunity, how a country's actions against abuse of diplomatic immunity and how to analyze a case of abuse of diplomatic immunity. To answer the problem used normative juridical methods through the use of secondary data, such as books, laws, and research results related to this research topic. Based on the results of the study explained that cases of violations of diplomatic relations related to the personal immunity of diplomatic officials such as cases such as cases of persecution by the Ambassador of Saudi Arabia to Indonesian Workers in Germany are of serious concern. The existence of diplomatic immunity is considered as protection so that perpetrators are not punished. Actions against the abuse of recipient countries of diplomatic immunity may expel or non-grata persona to diplomatic officials, which is stipulated in the Vienna Convention in 1961, because of the right of immunity attached to each diplomatic representative.

Proposing a Way to Develop the Substantive Content of the Right of Access to Adequate Housing: An Alternative to the Reasonableness Review Model

2017 ◽  
Vol 30 (1) ◽  
pp. 71-93
Author(s):  
Gustav Muller
Keyword(s):  
International Law ◽  
Municipal Services ◽  
International Convention ◽  
Cultural Rights ◽  
Substantive Content ◽  
Convincing Case ◽  
Close Proximity ◽  
Review Model ◽  
The Right ◽  
Right Of Access

In this article an attempt is made to put forward a convincing case for giving substantive content to the right of access to adequate housing and looks towards relevant international law elaborations on the meaning of this right as contained in the International Convention on Economic, Social and Cultural Rights (ICESCR). It does so while being aware of the Constitutional Court’s prior rejection of an international law-based minimum core interpretation of the right and opting, instead, for the so-called model of reasonableness breview. Given that the court has so expressly taken and stuck to this stance, it is argued in the article that an international law-based substantive interpretation of the right is possible – given that South Africa has recently ratified the ICESCR – and that it is preferable given the shortfalls of the model of reasonableness review. The article further highlights what difference the preferred reading of section 26(1) would make as to how courts ‘interpret’ reasonableness, that is, how courts review compliance with section 26 at present if ‘adequate’ housing is understood as having security of tenure and access to basic municipal services; is affordable, habitable and accessible; is located in close proximity to social facilities; and is culturally adequate.

The Scope and Content of Section 75(1)(a) of the Zimbabwean Constitution: An International Law Approach

2020 ◽  
Vol 53 (2) ◽  
Author(s):  
Chiedza Simbo
Keyword(s):  
International Law ◽  
Education System ◽  
Basic Education ◽  
The State ◽  
Education Act ◽  
The Government ◽  
The Right ◽  
Basic Education System

Despite the recent enactment of the Zimbabwean Constitution which provides for the right to basic education, complaints, reminiscent of a failed basic education system, have marred the education system in Zimbabwe. Notwithstanding glaring violations of the right to basic education by the government, no person has taken the government to court for failure to comply with its section 75(1)(a) constitutional obligations, and neither has the government conceded any failures or wrongdoings. Two ultimate questions arise: Does the state know what compliance with section 75(1)(a) entails? And do the citizens know the scope and content of their rights as provided for by section 75(1)(a) of the Constitution of Zimbabwe? Whilst it is progressive that the Education Act of Zimbabwe as amended in 2020 has addressed some aspects relating to section 75(1)(a) of the Constitution, it has still not provided an international law compliant scope and content of the right to basic education neither have any clarifications been provided by the courts. Using an international law approach, this article suggests what the scope and content of section 75(1)(a) might be.

Sign in / Sign up

Export Citation Format

Share Document