Balancing Energy Development and Environmental Rights: From Foreign Litigation to International Insurance?

This article examines the use of foreign direct liability suits, including the ones currently in the Dutch court system by Nigerian plaintiffs against Shell Petroleum, to protect environmental and economic interests in oil-producing communities. The paper suggests that while these suits are a valuable tool in advancing the cause of a clean environment, they fall short in accomplishing the goal. Additional tools, such as an international insurance scheme, may need to be introduced to create a more effective framework.

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Giving effect to the human right to a clean environment in Botswana

Environmental Law Review ◽

10.1177/1461452921995152 ◽

2021 ◽

Vol 23 (1) ◽

pp. 23-39

Author(s):

Tinashe Madebwe ◽

Emma Chitsove ◽

Jimcall Pfumorodze

Keyword(s):

Environmental Protection ◽

The State ◽

Human Right ◽

Environmental Rights ◽

Environmental Deterioration ◽

Clean Environment ◽

The World ◽

The Right

Environmental deterioration remains a concern in Botswana. Despite efforts being made to address this issue by the state, more needs to be done in this regard. This is particularly interesting in the light of reports that the country is looking to draft a new constitution. Against this backdrop, this article considers whether including environmental rights in Botswana’s constitution would advance environmental protection efforts. To this end, the article relies on experiences with rights drawn from different jurisdictions across the world, as well as commentary on these experiences, to build a tool for measuring the extent to which the turn to environmental rights holds value in a given jurisdiction. Using this tool, and drawing from experiences in looking to establish environmental rights in Botswana, the article measures the extent to which including the right in the constitution would hold value in advancing Botswana’s pursuit of environmental protection objectives.

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Balancing Energy Development and Conservation: A Method Utilizing Species Distribution Models

Environmental Management ◽

10.1007/s00267-011-9651-2 ◽

2011 ◽

Vol 47 (5) ◽

pp. 926-936 ◽

Cited By ~ 11

Author(s):

Catherine S. Jarnevich ◽

Murray K. Laubhan

Keyword(s):

Species Distribution ◽

Species Distribution Models ◽

Energy Development ◽

Distribution Models ◽

Balancing Energy

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Economic analysis of alternative energy development in Nagorno-Karabakh and surrounding regions

E3S Web of Conferences ◽

10.1051/e3sconf/202125003004 ◽

2021 ◽

Vol 250 ◽

pp. 03004

Author(s):

Aida Guliyeva ◽

Parvin Mammadzada ◽

Turan Mamedov

Keyword(s):

Renewable Energy ◽

Alternative Energy ◽

Renewable Energy Sources ◽

Energy Development ◽

Economic Conditions ◽

Project Work ◽

Energy Sources ◽

Economic Interests ◽

Basic Principles ◽

Public And Private

This paper studies the main opportunities for stimulating investments in the alternative energy development through implementation of state plans for creation and support of favourable socio-economic conditions in Nagorno-Karabakh and 7 surrounding regions. Due to the longevity of projects on renewable energy sources, as well as the traditional financing of infrastructure projects, it is extremely important that political and economic interests were protected by law. At the present time there are active project work on development and optimisation of energy sector, and therefore understanding of basic principles is quite diverse in public and private sectors. Main conclusions and recommendations are developed and presented for economic development of renewable energy sources (RES) in Nagorno-Karabakh and surrounding regions of Azerbaijan.

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PROBLEMS OF INTERACTION OF INSTITUTIONS OF CIVIL SOCIETY AND STATE IN ENSURING ENVIRONMENTAL RIGHTS OF CITIZENS

Law Нerald of Dagestan State University ◽

10.21779/2224-0241-2020-35-3-9-13 ◽

2020 ◽

Vol 35 (3) ◽

pp. 9-13

Author(s):

S.R. Bekishieva ◽

◽

R.M. Karibov ◽

Keyword(s):

Human Rights ◽

Civil Society ◽

Natural Environment ◽

Public Organizations ◽

Public Authorities ◽

Economic Interests ◽

Environmental Rights ◽

Continuous Increase ◽

Non Profit ◽

Environmental Human Rights

The article is devoted to the problems of interaction between state authorities and civil society institutions of modern Russia in the field of ensuring the environmental rights of citizens. At present, the study of environmental human rights is of particular relevance in connection with the need for modern states to provide scientifically sound correlation of environmental and economic interests of society and the need to create legal guarantees to protect human rights to a favorable natural environment for its life. In the course of the study, the authors come to the conclusion that the level of interaction between society and the state in ensuring the environmental rights of citizens in modern Russia, the continuous increase in the participation of Russian citizens and their associations in the struggle for their environmental rights, the need for full assistance of public authorities to public organizations in their activities, taking into account the opinions and suggestions from non-profit organizations on specific issues in the field of ensuring a favorable environment, creating conditions and creating a mechanism to increase the effectiveness of the implementation of such functions of civil society as the socializing, mobilization, control and protection functions in the studied area.

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Judicial Mandate in Safeguarding Environmental Rights from the Adverse Effects of Mining Activities in Zambia

Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad ◽

10.17159/1727-3781/2019/v22i0a5414 ◽

2019 ◽

Vol 22 ◽

pp. 1-33

Author(s):

Chipasha Mulenga

Keyword(s):

Adverse Effects ◽

Mining Activities ◽

Polluted Environment ◽

Mining Sector ◽

Environmental Rights ◽

Mining Companies ◽

Clean Environment ◽

Daunting Task ◽

Policy Frameworks ◽

The Government

The protection of the environment from the effects of mining activities, though cardinal, has been a daunting task in Zambia. A polluted environment affects the rights of those who depend on a clean one for their survival. In remedying the pollution caused by mining activities, numerous legislative and policy frameworks have been put in place and institutions responsible for ensuring compliance operationalised. Notwithstanding such interventions, the problem of pollution emanating from mining activities has persisted. This has led individuals and spirited non-governmental organisations to bring legal actions firstly against erring mining companies for their failure to comply with environmental regulations, and secondly against the government for its failure to ensure compliance by the mining companies. The courts before whom such matters have been brought have seemingly prioritised the supposed development brought by investment in the mining sector over the environmental rights of those whose livelihood is anchored in a clean environment. The article underscores the mandate of the courts in safeguarding the environmental rights of persons whose survival is dependent on a clean environment. In doing so the article critically examines the cases which have come before the courts and how these cases have been dealt with in relation to the protection of the environment and ultimately an individual's environmental rights.

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Prawa człowieka i środowisko

Studia Ecologiae et Bioethicae ◽

10.21697/seb.2006.4.1.22 ◽

2006 ◽

Vol 4 (1) ◽

pp. 309-325

Author(s):

Leszek Karski

Keyword(s):

Human Rights ◽

Fourth Generation ◽

Environmental Harm ◽

Human Beings ◽

Environmental Rights ◽

Healthy Environment ◽

Clean Environment ◽

Polish Law ◽

The Right ◽

Human Rights Based Approach

There should be no doubt that human activities can cause serious environmental harm, or that those harms, in turn, often result in very grave consequences to human beings. Put positively, a clean and healthy environment is essential to the realization of fundamental human rights. Some advocates argue that the right to a clean environment belongs to the third generation of rights. Others noted that it is separated the fourth generation of rights. It is necessary to reflect on a source of environmental rights. It is important to search for the satisfactory meaning of the right to a clean environment.This article shows repeated and increasing recognition of a human rights-based approach to environmental protection. Such recognition demonstrates that environmental rights are emerging as an important component of international law and Polish law. At the national and international levels, the right to a healthy environment (or a related formulation) has played an important role in fostering connections between human rights and environmental approaches. The increasing practice of substantively upholding and encouraging respect for the right to a clean environment is important and should be recognized and strengthened.

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