scholarly journals The right to a safe environment and the Chevron case: a new piece of the puzzle on the relationship between the environment and foreign investments

2019 ◽  
Vol 1 (2) ◽  
pp. 4
Author(s):  
Giulia D’Agnone
Keyword(s):  
Environmental Law ◽  
Environmental Policies ◽  
Environmental Issue ◽  
International Environmental Law ◽  
Foreign Investments ◽  
Safe Environment ◽  
The Right ◽  
The Relationship

This work aim to analyze the relationship between the foreign investiments and the Environmental Law. For it, it is questioned about the role of the International Environmental Law, having in account that the Treaties of Investiment, both bilateral and multilateral, have only recently started to embrace the environmental issue, generally in its preambles. In that sense, it is examined the factors that contribute to this situation, as far as the role of the States in the execution of environmental policies affected by clauses contained in such treaties and of the Tribunals of Investments to whom disputes are directed.

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 I Context, Ch.7 Scholarship

2021 ◽  
Author(s):  
French and Duncan ◽  
Collins Lynda
Keyword(s):  
Environmental Law ◽  
Theory And Practice ◽  
International Environmental Law ◽  
General Theme ◽  
Key Players ◽  
The Relationship

This chapter investigates the role of international environmental law scholarship in shaping the sub-discipline, explores its limitations, and reflects on the relationship between scholarship and praxis. It begins by defining the context, content, and key players in international environmental law scholarship. The chapter then looks at major challenges in the area, including fragmentation, reactivity, under-represented voices and issues, and inter-disciplinarity. Finally, it elaborates the important dialectic between theory and practice in international environmental law, touching in particular on the role of international environmental law scholars in litigation, advocacy, and consultancy. The general theme of the chapter is that international environmental law scholarship is a rich, maturing, and increasingly diverse body of work, and yet it lacks coherency in some important respects.

The ‘Global Pact for the Environment’ – A New Instrument to Protect the Planet?

2018 ◽  
Vol 15 (1) ◽  
pp. 3-23 ◽  
Author(s):  
Jasmin Raith
Keyword(s):  
Environmental Law ◽  
Environmental Agreements ◽  
International Environmental Law ◽  
Multilateral Environmental Agreements ◽  
Legal Questions ◽  
New Instrument ◽  
Sound Environment ◽  
The Right ◽  
Global Agenda ◽  
The Relationship

This article aims to shed light on the newly proposed initiative to negotiate a ‘Global Pact for the Environment’. After an overview of the Pact, the article discusses the main provisions of the current draft of the Pact, such as the right to live in an ecologically sound environment, the codification of existing environmental principles and the introduction of new principles. The article examines the relationship between the Pact and existing multilateral environmental agreements and institutions and comes to the conclusion that the stated intention for the Pact to serve as a ‘legal umbrella’ for the existing multilateral environmental treaties raises both political as well as legal questions. Furthermore, the Pact possesses only limited potential to strengthen international environmental law. Nonetheless, the initiative has the potential to trigger reforms in international environmental law by putting the protection of the environment at the top of the global agenda.

Locating Nature: Making and Unmaking International Law

2014 ◽  
Vol 27 (3) ◽  
pp. 573-593 ◽  
Author(s):  
USHA NATARAJAN ◽  
KISHAN KHODAY
Keyword(s):  
Human Rights ◽  
International Law ◽  
Environmental Degradation ◽  
Environmental Law ◽  
Environmental Issues ◽  
Environmental Harm ◽  
International Environmental Law ◽  
Wealth Generation ◽  
The Relationship

AbstractThis article explores the relationship between international law and the natural environment. We contend that international environmental law and general international law are structured in ways that systemically reinforce ecological harm. Through exploring the cultural milieu from which international environmental law emerged, we argue it produced an impoverished understanding of nature that is incapable of responding adequately to ecological crises. We maintain that environmental issues should not be confined to a disciplinary specialization because humanity's relationship with nature has been central to making international law. Foundational concepts such as sovereignty, development, property, economy, human rights, and so on, have evolved through understanding nature in ways that are unsuited to perceiving or observing ecological limits. International law primarily sees nature as a resource for wealth generation to enable societies to continually develop, and environmental degradation is treated as an economic externality to be managed by special regimes. Through tracing the co-evolution of these assumptions about nature alongside seminal disciplinary concepts, it becomes evident that such understandings are central to shaping international law and that the discipline helps universalize and normalize them. By comprehending more broadly the relationship between nature and international law, it is possible to see beyond law's potential to correct environmental harm and identify the disciplinary role in driving ecological degradation. Venturing beyond the purview of international environmental lawyers, this article considers the role of all international lawyers in augmenting and mitigating ecological crises. It concludes that disciplinary solutions to environmental problems require radical departures from existing disciplinary tenets, necessitating new formulations that encapsulate rich and diverse understandings of nature.

Patent Foramen Ovale, the Role of Antiplatelet Therapy Alone or Anticoagulant Therapy Alone Versus Device Closure for Cryptogenic Stroke: A Review of the Literature and Current Recommendations

2020 ◽  
Vol 18 (2) ◽  
pp. 135-150
Author(s):  
Harsha S. Nagarajarao ◽  
Chandra P. Ojha ◽  
Archana Kedar ◽  
Debabrata Mukherjee
Keyword(s):  
Patent Foramen Ovale ◽  
Cryptogenic Stroke ◽  
Narrow Channel ◽  
Paradoxical Embolism ◽  
Current Evidence ◽  
Foramen Ovale ◽  
The Right ◽  
The Relationship ◽  
Current Guidelines

: Cryptogenic stroke and its relation to the Patent Foramen Ovale (PFO) is a long-debated topic. Recent clinical trials have unequivocally established the relationship between cryptogenic strokes and paradoxical embolism across the PFO. This slit-like communication exists in everyone before birth, but most often closes shortly after birth. PFO may persist as a narrow channel of communication between the right and left atria in approximately 25-27% of adults. : In this review, we examine the clinical relevance of the PFO with analysis of the latest trials evaluating catheter-based closure of PFO’s for cryptogenic stroke. We also review the current evidence examining the use of antiplatelet medications versus anticoagulants for stroke prevention in those patients with PFO who do not qualify for closure per current guidelines.

Protecting Natural Resources

2018 ◽  
Author(s):  
Jérémie Gilbert
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Natural Resources ◽  
Environmental Law ◽  
Legal Framework ◽  
Human Rights Law ◽  
International Environmental Law ◽  
Conservation Of Natural Resources ◽  
The Relationship ◽  
Do So

This chapter focuses on the connection between the international legal framework governing the conservation of natural resources and human rights law. The objective is to examine the potential synergies between international environmental law and human rights when it comes to the protection of natural resources. To do so, it concentrates on three main areas of potential convergence. It first focuses on the pollution of natural resources and analyses how human rights law offers a potential platform to seek remedies for the victims of pollution. It next concentrates on the conservation of natural resources, particularly on the interconnection between protected areas, biodiversity, and human rights law. Finally, it examines the relationship between climate change and human rights law, focusing on the role that human rights law can play in the development of the current climate change adaptation and mitigation frameworks.

scholarly journals “When” Does It Pay to Be Good? Attributions Mediate the Way CSR Elements Impact on Consumer Responses, and Are Controllable

2021 ◽  
Vol 13 (11) ◽  
pp. 5869
Author(s):  
Athanasios Krystallis ◽  
Vlad Zaharia ◽  
Antonis Zairis
Keyword(s):  
Past Research ◽  
Consumer Response ◽  
Multiple Mediation ◽  
Consumer Responses ◽  
Mediating Role ◽  
Consumer Attributions ◽  
The Right ◽  
The Relationship ◽  
Experimental Survey

Responding to the appeal for more research on the contingencies that shape the relationship between CSR and corporate performance, this paper incorporates environmental CSR, sets up an experimental survey and employs multiple mediation analysis with the aim to test the mediating role of consumer attributions on the CSR elements–consumer responses relationship; and further to examine the degree to which attributions are controllable, i.e., specific CSR elements activate specific type of attributions. Results support that attributions have a strong predicting power on consumer outcomes. The right time of appearance and the appropriate amount of resources committed to a CSR campaign, through the dual type of attributions they activate (more positive, i.e., values-driven and less negative, i.e., egoistic), impact positively on consumer reactions. In this respect, the study adds to past research showing that attributions are controllable, i.e., specific CSR initiative characteristics of a impact on the dimensionality of attributions and, through that, on specific target-types of consumer responses. This study thus shows that the activation of a dual-level attributions’ system is ambivalent, dependent on the character of the CSR campaign. The fact that specific CSR elements (i.e., CSR Timing) activate dual-level CSR motives that act complementarily indicates that managers should be clear about the capabilities of the elements of their CSR initiatives and how much impact they expect those elements to have on consumer response.

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.

scholarly journals The Role of Environmental Law Education for Sustainable Development

2019 ◽  
Vol 8 (3) ◽  
pp. 79
Author(s):  
Hanna Audzei
Keyword(s):  
Sustainable Development ◽  
Social Economic ◽  
Environmental Law ◽  
Legal Education ◽  
Environmental Policies ◽  
Environmental Safety ◽  
Successful Solution ◽  
Legal Thinking ◽  
Ecological Culture

National imperative of sustainable development is a strategy that combines into one social, economic and environmental policies. First of all the environmental legal education should aim to prepare people for life in an innovative type of society. To achieve this goal of environmental and legal education we should be reoriented to form a human ecological and legal culture and eco-innovative type of legal thinking and a willingness to innovative type of environmental and legal action. The successful solution of this and other challenges requires science foundation, including environmental law science. Keywords: law, environmental legal education, sustainable development, environmental safety, ecology, responsibility, ecological culture, legislation

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