scholarly journals International environmental law and the role of indigenous peoples in protected areas: hope for creative solutions in a setting of established incompatibility

2007 ◽  
Vol 2 (3) ◽  
pp. 332-352
Author(s):  
A. Fleischhauer ◽  
H. Detlef Kammeier
Keyword(s):  
Protected Areas ◽  
Indigenous Peoples ◽  
Environmental Law ◽  
International Environmental Law ◽  
Creative Solutions

The Oxford Handbook of International Environmental Law

2021 ◽  
Keyword(s):  
International Law ◽  
Indigenous Peoples ◽  
Armed Conflict ◽  
Environmental Law ◽  
Environmental Issues ◽  
Hazardous Substances ◽  
International Environmental Law ◽  
Diverse Range ◽  
Important Field

The second edition of this leading reference work provides a comprehensive discussion of the dynamic and important field of international law concerned with environmental protection. The handbook discusses the key principles underpinning international environmental law, its relevant actors and tools, and rules applying in its substantive sub-fields such as climate law, oceans law, wildlife and biodiversity law, and hazardous substances regulation. It also explores the intersection of international environmental law with other areas of international law, such as those concerned with trade, investment, disaster, migration, armed conflict, intellectual property, energy, and human rights. The handbook sets its discussion of international environmental law in the broader interdisciplinary context of developments in science, ethics, politics, and economics, which inform the way in which environmental rules are made, implemented, and enforced. It provides an introduction to the foundations of international environmental law while also engaging with questions at the frontiers of research, teaching, and practice in the field, including the role of global South perspectives, the contribution made by Earth jurisprudence, and the growing role of a diverse range of actors from Indigenous peoples to business and industry. It is an essential reference text for all engaged with environmental issues at the international level and the applicable governance and regulatory structures.

scholarly journals A legal paradigm shift towards climate justice in the Anthropocene

2020 ◽  
Vol 11 (1) ◽  
pp. 44-68
Author(s):  
Sam Adelman ◽  
Keyword(s):  
Paradigm Shift ◽  
Legal Theory ◽  
Environmental Law ◽  
Climate Justice ◽  
Potential Contribution ◽  
International Environmental Law ◽  
Main Driver ◽  
Business As Usual ◽  
Ecological Catastrophe

Business as usual is widely acknowledged as the main driver of ecological collapse and climate breakdown, but less attention is paid to the role of law as usual as an impediment to climate justice. This article analyses how domestic and international environmental law facilitate injustices against living entities and nature. It calls for a paradigm shift in legal theory, practice and teaching to reflect the scale and urgency of the unfolding ecological catastrophe. Section 2 outlines the links between climatic harms and climate injustices. This is followed by discussions of unsustainable law and economic development in sections 3 and 4. Section 5 examines the potential contribution of new materialist legal theory in bringing about a legal paradigm shift that reflects the jurisgenerative role of nature in promoting climate justice.

Part III Conceptual Pillars, Ch.16 Harm Prevention

2021 ◽  
Author(s):  
Brunnée Jutta
Keyword(s):  
Environmental Law ◽  
Environmental Harm ◽  
Due Diligence ◽  
International Environmental Law ◽  
Significant Harm ◽  
Actual Harm ◽  
The Face ◽  
Harm Prevention ◽  
The Relationship

This chapter addresses how international environmental law originates from and revolves around the harm prevention rule. It focuses on three points of contention, each related to the role of due diligence in harm prevention, and each highlighted by recent judicial engagements with the harm prevention rule. First, it is generally accepted that a state's obligation to prevent environmental harm is not absolute, but requires due diligence in the face of risk of significant harm. However, it is unclear whether a failure to act diligently to avert harm on its own—absent actual harm—can amount to a breach of the harm prevention rule. Second, the relationship between the procedural and substantive dimensions of the harm prevention rule remains ambiguous. Third, there is some uncertainty as to where the line runs between the harm prevention obligation and the precautionary principle, given the focus of both notions on risk. These inter-related conceptual questions affect the harm prevention rule's function as a reference point for international environmental law.

Part VI Actors, Ch.40 Epistemic Communities

2021 ◽  
Author(s):  
Haas Peter M
Keyword(s):  
International Relations ◽  
Intellectual History ◽  
Environmental Law ◽  
World Politics ◽  
Epistemic Community ◽  
Epistemic Communities ◽  
Causal Beliefs ◽  
International Environmental Law ◽  
History Of

This chapter begins with a definition and intellectual history of epistemic communities. ‘Epistemic communities’ is a concept developed by ‘soft’ constructivist scholars of international relations concerned with agency. Soft constructivists in general focus on the role of various types of norms, principled beliefs, causal beliefs, and discourses in establishing roles and rules in international relations: that is, determining the identities, interests, and practices that shape the identification of actors in international relations. The chapter then applies this definition to the study of international environmental law and discusses whether or not international lawyers constitute an epistemic community. It concludes with a discussion of some of the recent challenges to the influence of epistemic communities in world politics more broadly, and thus the future of international environmental law.

Locating Nature: Making and Unmaking International Law: Introduction

2014 ◽  
Vol 27 (3) ◽  
pp. 571-572 ◽  
Author(s):  
KISHAN KHODAY ◽  
VANESSA LAMB ◽  
TYLER MCCREARY ◽  
KARIN MICKELSON ◽  
USHA NATARAJAN ◽  
...  
Keyword(s):  
Human Rights ◽  
International Law ◽  
Environmental Law ◽  
Sustainable Livelihoods ◽  
Environmental Issues ◽  
Environmental Harm ◽  
International Environmental Law ◽  
Behavioural Patterns ◽  
The World

Environmental harm is of increasing concern to peoples and states all over the world, whether in relation to ensuring access to healthy air, water, food, and sustainable livelihoods, or coping with the diversity of challenges posed by changing climates and ecologies. While international lawyers have focused on crafting solutions to environmental problems, less attention is paid to the disciplinary role in fostering harmful and unsustainable behavioural patterns. Environmental issues are usually relegated to the specialized field of international environmental law. This project explores instead the role of nature in the general discipline, arguing that the natural environment is a determinative factor in shaping international law, and that assumptions about nature lie at the heart of disciplinary concepts such as sovereignty, development, economy, property, and human rights.

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