The Search for Environmental Justice

'This book makes a very useful contribution to the literature on environmental justice through a series of varied, diverse and distinct contributions that map different areas of this multi-faceted topic. The diverse positions advocated reflect the difficult challenges ahead towards ensuring environmental protection in an equitable and just manner at the national and international levels.' --Philippe Cullet, SOAS, University of London, UK'This is an extended and remarkable excursus into the evolving concept of environmental justice. The Editors have woven several nuggets from various scholars and jurisdictions into an impressive mosaic that will resonate for a long time in this nascent literature. The IUCN Academy of Environmental Law is emerging as an important facilitator of conceptual norms of international environmental law and justice. The welcome drift in the direction of ''environmental justice'' is so compelling that the UNEP Governing Council has recently adopted the first internationally negotiated document to establish the supportive ''environmental rule of law.'' As a player in the important jurisprudence from South Asia on environmental justice, I stand in reverential awe of this tour de force of experiences in other regions toward the promotion of good environmental governance and environmental social justice.' --Parvez Hassan, Hassan and Hassan (Advocates), Pakistan

Edited by Paul Martin, Director of the Australian Centre for Agriculture and Law, University of New England, Australia, and co-chair of the IUCN Academy of Environmental Law Research Committee, Sadeq Z. Bigdeli, Toronto-based lawyer and visiting scholar, Osgoode Hall Law School, York University, Canada, Trevor Daya-Winterbottom, Senior Lecturer, University of Waikato, New Zealand, Willemien du Plessis, Professor, North-West University, South Africa and Amanda Kennedy, Professor of Law, Faculty of Law, Queensland University of Technology, Australia

Contents: 1. The Search for Environmental Justice Paul Martin, Sadeq Z. Bigdeli, Trevor Daya-Winterbottom, Willemien Du Plessis and Amanda Kennedy PART I FRAMING THE SEARCH FOR ENVIRONMENTAL JUSTICE 2. The Effectiveness of the Law in Providing Access to Environmental Justice: an Introduction The Hon. Justice Brian J. Preston SC 3. The Rule of Law in the Anthropocene Klaus Bosselmann 4. Biodiversity Justice in a Climate Change World: Offsetting the Future Lee Godden and Emily O'Connell PART II RIGHTS-BASED CONCEPTUALISATIONS 5. Human Rights and the Environment Justice Susan Glazebrook 6. No Private Property Rights in the Atmosphere Ben France-Hudson 7. On the Theory and Practice of the Rights of Nature Joel I. Colon-Rios PART III IMPLEMENTATION CHALLENGES OF ENVIRONMENTAL JUSTICE 8. REDD+ Implementation in Thailand - Legal and Institutional Challenges Wanida Phromlah and Paul Martin 9. Indonesia REDD+: Beyond Carbon, More Than Just Forest Mas Achmad Santosa, Josi Khatarina and Aldilla Stephanie Suwana 10. Consensus Federalism and Freshwater Regulation Amelia Keene 11. International Environmental Governance in the Pacific Island Region Justin Gregory Rose 12. Safe Harbours, Closed Borders? New Zealand Legal and Policy Responses to Climate Displacement in the South Pacific Vernon Rive 13. Overcoming Climate Inertia with Unilateral Action on Black Carbon Anastasia Telesetsky 14. Is There Relief For Transnational Harm? Christopher Chaulk 15. The Australian Biotechnology Regulatory Framework: Issues Concerning Adventitious Presence (AP), Co-existence, Liability and Coherence Ramesh Karky and Mark Perry PART IV RECOGNITION OF INDIGENOUS PEOPLES' INTERESTS 16. Customary Law Systems for Water Governance in Kenya Elizabeth Gachenga 17. Legal Strategies to expand Indigenous Governance in Climate Change Adaptation Donna Craig 18. Inclusive Practices, Innovative Collaboration, Governance and Recognising Cultural Capital: Environmental Law Through a Cultural Lens Johhnie Aseron, Neyooxet Greymorning and Jacqueline Williams Index