Overview

Calling international law a failed enterprise, this book explores how we may yet reconstruct a true system of international rights enforced by international laws, and contemplates the limitations of international organizations to effectively address truly international problems. Through the lens of political ecology Westra offers a call for action to protect our environments and our selves

Full Product Details

Author:   Laura Westra
Publisher:   Haymarket Books
Imprint:   Haymarket Books
Volume:   No. 30
Dimensions:   Width: 15.20cm , Height: 1.50cm , Length: 22.90cm
Weight:   0.358kg
ISBN:  

9781608462070

ISBN 10:   1608462072
Pages:   238
Publication Date:   18 September 2012
Audience:   College/higher education ,  Postgraduate, Research & Scholarly
Format:   Paperback
Publisher's Status:   Active
Availability:   Temporarily unavailable  
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Table of Contents

Foreword, by Upendra Baxi Acknowledgments Introduction 1. Globalization and World Governance: A Preliminary Discussion Introduction: Understanding the Impact of Globalization A Preliminary Discussion of the Possibility of a World State Some Difficulties with “World State Institutions” Teleology and Causal Explanations: The Better Alternative From Biological to Social systems? Complex Systems and the Problem of Surprises European Citizenship: A Blueprint for Cosmopolitanism? Identity and Democracy A World State Reconsidered 2. Globalization as “Plunder”, “Exploitation” and “Ecoviolence”: A Causal Analysis Introduction Chimni on a Marxist Course for International Law The “Right to Development”? Introduction to the History of Development and International Law Chimni on Sen, Development and International Law “Exploitation”: A Marxist Category? “Plunder” and Covert Illegality From Economics to Biological Integrity: The Case for Ecoviolence State Responsibility for Environmental Harms and its Difficulties Ecoviolence and the Rsponsibility to Protect Sovereignty as Responsibility: The Report of the International Commission on Intervention and State Sovereignty 3. Hazards, Ecoviolence and the Need for World Law Introduction to the Possibility of New Organizations for Protection from Collective Hazards A World Environment Organization: A Better Approach to the Protection of Collective Human Rights? Some Preliminary Considerations UNEO: Another Proposal for Global Environmental Governance “Employing Public Health for Global Justice”? Globalization and Public Health: The Disappearance of State Responsibility in International Law A “Lawless World” and Global Warming: Environmental Harms and Domestic Law Water as Danger and the Negative Consequences of Climate Change The Kivalina Complaint and “Civil Conspiracy Allegations” Connecticut et al. v. American Electric Power et al.: New Hope in Old Doctrines The Parens Patriae Doctrine: An Old Principle and a Novel Application The Public Trust Doctrine: A Discussion 4. Cosmopolitanism, Collective Rights and Neoliberal Democracy in Conflict Introduction: Adopt World Governance or Modify Existing Institutions? State Sovereignty Revisited Plan Colombia and the Indigenous Peoples of the Colombia–Ecuador Border Region A Brief Overview of the Constitutional Protection Available for the Environment in Colombia and Ecuador The State and Neoliberal Globalization: Democracy v. Principles and Jus Cogens Norms The Limits of Legal Positivism for World Governance The Content and Limits of Jus Cogens Attacks on the Human Person Ecocrimes as Forms of Genocide: A Possible Way to Link Environmental Crimes and Jus Cogens Jus Cogens and Erga Omnes Obligations in Defence of the Collective Current Use of Jus Cogens: Advisory Opinion on Genocide and Bosnia-Herzegovina v. Yugoslavia The Reality of International Law v. Cosmopolitanism 5. The Right to Water: Israel v. Palestine (A Case Study) Introduction Self-Determination, State-Making and Collective Rights: Israel and Palestine The Role of the United Nations and Collective Human Rights The Influence of the Early History of the United Nations National Protection and Religious Beliefs: Israeli Policies and the Palestinians “National Protection” and the Case of Operation Cast Lead “Water is a Human Right”: International Law v. Policies of Denial International Law in Palestine and the Implications of the Right to Water The Politics of “Plunder” Genocide or Crimes Against Humanity? Ratner’s Approach: Comparing “Evils” Crimes Against Humanity Reconsidered Conclusion 6. The United Nations and International Law: Is World Governance the Way Forward? Introduction: Globalization and Legal Violence—A Review of Some Problems Neoliberal Democracies and Human Rights: Neglected Customary Law Requirements The Current Responsibility of States for Human Rights “In Larger Freedom: Towards Development, Security and Human Rights for All” Aggression and Terrorism in International Law: Violence Beyond Plunder From 1972 to 2005: Working on an Impossible Definition The Issues: Terrorism and Collective Rights Global Governance and the Imposition of “External Constitutions” on States Global Governance for Collective Security Fairness in Institutions and the Role of the Security Council A World State? The Possibility of Global Change in Governance The European Union: A Model for a World State? Cosmopolitanism and Global Change: The Need for “Dual Democracy”? References Appendix IList of Cases Appendix IIList of Documents Index

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Author Information

Laura Westra, Ph.D. (1982) in Philosophy, University of Toronto, and Ph.D. (2005) in Law, Osgoode Hall Law School, currently teaches environmental law at the University of Windsor. She has published twenty-two monographs and collections on environmental justice and human rights issues and international law, and over 80 articles and chapters.

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