scholarly journals Protecting the Environment and People from Climate Change through Climate Change Litigation

2017 ◽  
Vol 10 (5) ◽  
pp. 66 ◽  
Author(s):  
Theodore Okonkwo

Climate change litigation seeks to apply legal rights in order to affect the outcomes that would either mitigate, reduce or can even result in improved alternation to climate change. This article intends to identify and analyse the ways through which the environment and the people are protected from rapid changes in climate through the means of climate change litigation. Protection of the environment as well as people by climate change litigation can be witnessed in various nations throughout the globe particularly Australia, the US, Canada and the UK. The research problem examined in this article shows that the courts are becoming a critical climate change front where climate change conflicts are resolved. The research objectives are to help understand how climate change has impacted human health and the environment and how the courts have stepped into the arena to restrain activities that cause climate change impact. The methodology adopted in this article is both doctrinal and theoretical drawing upon primary and secondary sources of information. The key findings and implications to theory and practice of this article is that it is a medium to foster the jurisprudence of the role of climate change regime through judicial intervention in protecting the environment and people from climate change through climate change litigation.

Author(s):  
Ann Phoenix ◽  
Uma Vennam ◽  
Catherine Walker ◽  
Janet Boddy

This chapter talks about how children are often responsibilised in environmental policy and media discourses in both India and the UK. Abstract evocations of future generations materialise in many areas of climate change policy, based on the ethical argument that, as those imagined to outlive current generations of adults, children have the most to gain from activities and policies seeking to sustain the environments of which they are a part. Yet the centring of children in discourses of climate change impact and response is not without practical and ethical problems. Positioning children as ‘undercover agents of change’ for the environmental movement is as much an abrogation of responsibility for what are essentially the damaging environmental practices of adults, as is offshoring environmental responsibility to the next generation of stewards of the earth.


2012 ◽  
Vol 115 (3-4) ◽  
pp. 837-852 ◽  
Author(s):  
Lucy C. Cradden ◽  
Gareth P. Harrison ◽  
John P. Chick

2017 ◽  
Vol 37 (2) ◽  
pp. 202-224 ◽  
Author(s):  
Rizwaan Sabir

The UK’s counter-terrorism strategy (CONTEST) seeks to pursue individuals involved in suspected terrorism (‘Pursue’) and seeks to minimise the risk of people becoming ‘future’ terrorists by employing policies and practices structured to pre-emptively incapacitate and socially exclude them (‘Prevent’). This article demonstrates that this two-pronged approach is based on a framework of counterinsurgency; a military doctrine used against non-state actors that encourages, amongst other things, the blanket surveillance of populations and the targeting of propaganda at them. The use of counterinsurgency theory and practice in the UK’s ‘war on terror’ blurs the distinction between Pursue and Prevent, coercion and consent, and, ultimately, civilian and combatant. This challenges the liberal claim that counter-terrorism policies, especially Prevent, are about social inclusivity or ‘safeguarding’ and that the UK government is accountable to the people.


1970 ◽  
Vol 7 (2) ◽  
Author(s):  
Daniel Miller

A premise of academic anthropology is that we work within a structure that enables the best anthropologists producing the most scholarly and important research to make that work available to the community of anthropologists. We can therefore assume that published academic research exists to a degree commensurate with its quality. This premise is false. I believe it remains slightly more true of academic publishing in the UK than in some other countries, for example the US, but it is still false. The reason is that the forces and interests that represent the structures of publishing do not exist for the sole purpose of fulfilling this premise of academic authority. They have other interests and agendas that may not coincide with that ideal. And yet we continue to work as though there was no such discrepancy between theory and practice. This self-delusion has become increasingly problematic.


2018 ◽  
Vol 24 (1) ◽  
pp. 19-34 ◽  
Author(s):  
Jim Crowther

The context for this paper is the rise of populism across the UK, Europe and the US, a trend which is sweeping western liberal capitalist democracies in particular but also beyond in countries such as Turkey. Populism is used primarily as a derogatory label to demean the poor, working class groups and people with low educational attainment, as not having the experience or capacity to make wise decisions. In the UK this has led to demands for a second referendum on leaving Europe because the ‘will of the people’ was manipulated. It is also claimed that Parliament is sovereign so the decision to exit Europe should be made by its members who are better informed and can legitimately overturn the referendum decision. On the other hand, demagogues of the far right who led campaigns of disinformation and thinly veiled racist vocabulary to sway the Brexit result champion the ‘will of the people’ in disingenuous ways. If we widen our lens, there are also examples of progressive populist politics in Europe, such as Podemos in Spain, which are indicative of a counter-trend to the neoliberal model of globalization. Whilst populism is mainly used as a derogatory label, it can also be framed progressively as a response of the powerless, the poor and the ignored reacting to the limits of liberal democratic institutions in the current context. The election of Trump in the US and the Brexit result in the UK can be understood in these terms too. The repressed, overlooked or denigrated by the political and media elite, have responded at the only opportunity available to them. At the same time, the kind of social purpose adult education which aimed to engage with people in communities, on their own terms, has withered as neoliberal forms of lifelong learning and citizenship transform educational practices into ‘remoralising’ citizens to take care of themselves. In this context adult education and democracy are in crises. However, both crises can be turned towards generating productive synergies which adult educators need to connect with. This presentation seeks to explore and stimulate this debate.


2014 ◽  
Vol 15 ◽  
pp. 25 ◽  
Author(s):  
Jonny Hall ◽  
Kevin Kerrigan

<p>The problem this paper addresses is that although there is general consensus as to the value of clinic and recognition that it has enhanced creativity and vitality in legal education, there is still a tendency to see it as something apart from the regular law curriculum. We want to explore the viability of making the key benefits of clinical education pervade the whole of the student’s time learning the law. We draw some encouragement from official reports from the US and the UK which, although not concerned primarily with the place of clinical legal education, do provide general support for an approach which combines theory and practice.</p>


Author(s):  
Ken I. Kersch

Judicial review is the power of a court to assess the constitutionality of legislation, and to hold null and void any legislation it finds to contravene the Constitution. Although not mentioned anywhere in the US Constitution, the power was exercised by both state and federal courts from the nation’s inception, most prominently by the US Supreme Court in Marbury v. Madison (1803). In Marbury, borrowing from arguments advanced earlier by Alexander Hamilton in Federalist #78, and more general common law and colonial understandings, Chief Justice John Marshall set out a theoretical justification for the practice anchored in a court’s duty to decide cases according to law. In so doing, where a court finds a conflict between the fundamental law of the Constitution (adopted by “We the People,” acting in their sovereign capacity), and ordinary law (passed by legislatures), the court is obliged to give precedence to the former over the latter. Although this has been widely accepted as a legitimate practice arising out of a judge’s broader duty to decide cases according to law, there were always those who objected to judicial review as implicitly instituting “judicial supremacy,” where, by virtue of the exercise of the judicial review power, a judge’s interpretation of the Constitution was held to take precedence over that of any other. But why should the judge’s interpretation be understood as supreme, when elected members of Congress and the president—like judges—also takes oaths to uphold the Constitution and may have their own, perhaps more sensible, interpretation? Debates over these matters recur throughout American history, particularly in periods when, on matters of unusual political salience, the court’s interpretation of the Constitution is consistently at odds with that of other elected officials, or of the people (what, in recent years, has come to be called “extra-judicial constitutional interpretation”). For over a century now—beginning with the contestation in the late 19th and early 20th centuries between traditionalist judges wielding their judicial review powers versus the progressive innovations of the newly emerging American regulatory and social welfare state—the nature, theory, and practice of judicial review have been at the center of academic and popular discussion of US constitutional law. The subject has thus been approached from many angles, by scholars from different academic disciplines, with a diversity of questions in mind. Those researching judicial review will usually have in mind a particular angle rather than the whole subject.


2020 ◽  
Vol 5 (3) ◽  
pp. 8-21
Author(s):  
William Fogarty

This essay examines nostalgia, idealization, and speech in poems from the latter half of the twentieth century in the US and the UK that convey working-class experience, identifying nostalgia as a binding feature of such poems and tracing it to the 18th -century ‘nostalgia poem.’ I will first establish briefly how nostalgia in poems by Philip Levine, James Wright, and Robert Hayden results in idealizations that resist sentimentality and then demonstrate that the various forms of local speech employed in some other post1945 poems about working-class life by Seamus Heaney, Gwendolyn Brooks, and Lucille Clifton act as a stay against such idealization, effectively transforming them into more explicitly anticlassist –and, in the case of Brooks and Clifton, antiracist and antisexist –forms of social critique and defiance. Their poems interrupt and complicate the idealization of the familiar working-class surroundings they seek to reenter, familiar and familial realms that are not just temporal and spatial but linguistic. They honor their characters’ fortitude in the face of working-class encumbrances not by idealizing them but by concentrating on their working-class characters’ linguistic origins. Manifestations of local speech in these nostalgic poems amount to a poetic resource that disrupts idealizations of working-class experience, critiquing, in that process, classism and, in Brooks and Clifton, revealing classism’s intersections with racism and sexism. These poems don’t just desire to go back to earlier worlds but do go back linguistically to working-class, nonstandard languages – their particular forms of original local speech–that refuse the conditions that would subordinate those languages and the people who speak them.


2021 ◽  
Author(s):  
David M McCourt

Abstract Optimism about China's rise has in recent years given way to deep concern in the United States, Australia and the United Kingdom. Drawing on an original set of interviews with China experts from each country, and an array of primary and secondary sources, I show that shifting framings of China's rise reflect the dynamics of the US, Australian and UK national security fields. The article highlights three features specifically: first, the US field features a belief that China's rise can be arrested or prevented, absent in Australia and the UK. I root this dynamic in the system of professional appointments and the intense US ‘marketplace of ideas’, which gives rise to intense framing contestation and occasional sharp frame change. I then identify the key positions produced by each field, from which key actors have shaped the differing interpretations of China and its meaning. The election of Donald Trump, a strong China-critic, to the US presidency empowered key individuals across government who shifted the predominant framing of China from potential challenger to current threat. The smaller and more centralized fields in Australia and Britain feature fewer and less intense China-sceptical voices; responses have thereby remained largely pragmatic, despite worsening diplomatic relations in each case.


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