Ben Boer - Böcker

How can we guarantee a right to life or a right to health without also guaranteeing a decent environment in which to exercise these rights? It is becoming increasingly obvious that a high quality environment is key to the fundamental human rights of life and health, and associated rights such as the right to clean water, adequate housing, and food. This book canvasses a range of law and policy issues concerning human rights and the environment. Each chapter examines an aspect of the links between environmental law and human rights in substantive and/or procedural terms, loosely falling into four themes: human rights and the environment in the context of the private sector; analysis of decisions of the European and Inter-American courts in respect of substantive and procedural aspects; human rights and the environment in the Asian region, including the issue of human displacement; and the future direction of human rights and environment law.

This book examines the development of environmental law in the period since the ground-breaking 1992 United Nations Conference on Environment and Development or 'Earth Summit' in Rio de Janeiro. It demonstrates that a great deal has been achieved in the field of environmental law since the 1990s. However, the extraordinary environmental crises facing humanity in the 21st century indicate a continuing urgent need for the generation of robust policies and frameworks concerning ecological, socio-cultural and economic sustainability, implemented through appropriately innovative legal mechanisms. The book is divided into five sub-themes of sustainability: history, principles and concepts; environmental rights; access to justice and liability issues; natural resources, energy and climate change; and nature conservation. It includes expert legal opinion on developments to date, engaging with key themes from a broad selection of jurisdictions and perspectives. The analyses extend across public and private law to reflect the manifold areas which are rightly and necessarily the concern of environmental and sustainability law. Its contents offer not only critiques of developments to date, but also constructive engagement with matters of pressing concern to all. Written from a global perspective, this book will be an invaluable reference for academics, postgraduate students, practitioners and policy-makers concerned with environmental law and sustainability.Contributors: J. Benidickson, A.H. Benjamin, B. Boer, M.N. Camargos, M.A. Cohen, J.A.F. Costa, A. Daibert, J. de Cendra de Larragán, A. de Garay Sánchez, F. de Salles Cavedon, J.W. Dellapenna, A. du Plessis, W. du Plessis, J.J. González, D. Hodas, E. Kasimbazi, R. Kibugi, F.R. Loures, N. Lugaresi, K. Morrow, C. Odidi Okidi, A. Paterson, N.A. Robinson, W. Scholtz, F. Sola, R. Stanziola Vieira, M.B. Tekle, S. Teles da Silva

This book examines the development of environmental law in the period since the ground-breaking 1992 United Nations Conference on Environment and Development or 'Earth Summit' in Rio de Janeiro. It demonstrates that a great deal has been achieved in the field of environmental law since the 1990s. However, the extraordinary environmental crises facing humanity in the 21st century indicate a continuing urgent need for the generation of robust policies and frameworks concerning ecological, socio-cultural and economic sustainability, implemented through appropriately innovative legal mechanisms. The book is divided into five sub-themes of sustainability: history, principles and concepts; environmental rights; access to justice and liability issues; natural resources, energy and climate change; and nature conservation. It includes expert legal opinion on developments to date, engaging with key themes from a broad selection of jurisdictions and perspectives. The analyses extend across public and private law to reflect the manifold areas which are rightly and necessarily the concern of environmental and sustainability law. Its contents offer not only critiques of developments to date, but also constructive engagement with matters of pressing concern to all. Written from a global perspective, this book will be an invaluable reference for academics, postgraduate students, practitioners and policy-makers concerned with environmental law and sustainability.Contributors: J. Benidickson, A.H. Benjamin, B. Boer, M.N. Camargos, M.A. Cohen, J.A.F. Costa, A. Daibert, J. de Cendra de Larragán, A. de Garay Sánchez, F. de Salles Cavedon, J.W. Dellapenna, A. du Plessis, W. du Plessis, J.J. González, D. Hodas, E. Kasimbazi, R. Kibugi, F.R. Loures, N. Lugaresi, K. Morrow, C. Odidi Okidi, A. Paterson, N.A. Robinson, W. Scholtz, F. Sola, R. Stanziola Vieira, M.B. Tekle, S. Teles da Silva

An international river basin is an ecological system, an economic thoroughfare, a geographical area, a font of life and livelihoods, a geopolitical network and, often, a cultural icon. It is also a socio-legal phenomenon. This book is the first detailed study of an international river basin from a socio-legal perspective. The Mekong River Basin, which sustains approximately 70 million people across Cambodia, China, Laos, Myanmar, Thailand and Vietnam, provides a prime example of the socio-legal complexities of governing a transboundary river and its tributaries. The book applies its socio-legal analysis to bring a fresh approach to understanding conflicts surrounding water governance in the Mekong River Basin. The authors describe the wide range of uses being made of legal doctrine and legal argument in ongoing disputes surrounding hydropower development in the Basin, putting to rest lingering caricatures of a single, ‘ASEAN’ way of navigating conflict. They call into question some of the common assumptions concerning the relationship between law and development. The book also sheds light on important questions concerning the global hybridization or crossover of public and private power and its ramifications for water governance. With current debates and looming conflicts over water governance globally, and over shared rivers in particular, these issues could not be more pressing.

An international river basin is an ecological system, an economic thoroughfare, a geographical area, a font of life and livelihoods, a geopolitical network and, often, a cultural icon. It is also a socio-legal phenomenon. This book is the first detailed study of an international river basin from a socio-legal perspective. The Mekong River Basin, which sustains approximately 70 million people across Cambodia, China, Laos, Myanmar, Thailand and Vietnam, provides a prime example of the socio-legal complexities of governing a transboundary river and its tributaries. The book applies its socio-legal analysis to bring a fresh approach to understanding conflicts surrounding water governance in the Mekong River Basin. The authors describe the wide range of uses being made of legal doctrine and legal argument in ongoing disputes surrounding hydropower development in the Basin, putting to rest lingering caricatures of a single, ‘ASEAN’ way of navigating conflict. They call into question some of the common assumptions concerning the relationship between law and development. The book also sheds light on important questions concerning the global hybridization or crossover of public and private power and its ramifications for water governance. With current debates and looming conflicts over water governance globally, and over shared rivers in particular, these issues could not be more pressing.