Overview

'James R. May and Erin Daly, household names in global environmental constitutionalism, have produced a magnum opus on human rights and the environment. An encyclopedia studded with precious research, analysis and wisdom from eminent voices from all over the world. The timing of the publication is auspicious. It coincides with the first ever Report of the UN Secretary General on International Environmental Law towards a Global Pact for the Environment. The encyclopedia is a must have for all students and scholars of human dignity and sustainable development, and particularly for those that will, hopefully, craft the Global Pact for the Environment into hard law on the model of the International Covenants on Human Rights.' - Parvez Hassan, IUCN World Commission on Environmental Law and Pakistan Environmental Law Association 'Is the Environment about the birds and the bees, the flowers and the trees? Or is It about the vital organs of Life on Earth - the Land, Air, and Waters? (LAW). This marvelous work by James R. May and Erin Daly, and the contributors, world champions of the human right to Life and to the Sources of Life, could not be more timely. When we finally understand that the Environment is Life itself, then we will truly care for the LAW of Life that Human Rights and the Environment envelops.' - Antonio Oposa, Jr., Litigator, Educator, Organizer and Activist Much has been written, discussed, advocated and litigated about human rights and the environment over the last two decades. With 45 structured entries from a global collection of expert scholars, this volume of the Elgar Encyclopedia of Environmental Law provides an authoritative source of reference and features new commentary on the role of the rule of law in responding to the variegated impacts of environmental challenges on the human condition. This comprehensive volume offers fresh perspectives to the conversation by focusing especially on four subjects that shed new light on the subject of environmental human rights: the challenges of identifying the fundamental legal sources for the protection of human rights and the environment, the recognition of the indivisibility of human rights and environmental law, the centrality of the right to human dignity as the lodestar of human rights law, and the uniqueness of geographic particularities. Fundamentally, the entries demonstrate that there is much to do, learn and share on this vital topic. Offering thoughtful critical perspectives on a timely subject, this volume will be an essential resource for academics and students, as well as policymakers and practitioners. Contributors include: S. Adelman, N. Ahuja, C. Anant Malviya, A. Awal Khan, L. Benjamin, D. Bonilla Maldonado, R. Bratspies, C. Bruch, M. Burger, C. Butler, A. Carlson, C. Cournil, P. Coventry, E. Daly, K. Davies, R. Dhingra, R.J. Donato Quan, E. Gebre, C. Guneratne, A.M. Hammadeen, B. Hudson, C. Iorns Magallanes, V. Karageorgou, A. Kariuki, A. Kenmogne Simo, J.H. Knox, G.J. Kounga, A. Kreilhuber, S. Lamdan, R. Libel Waldman, K.E. Makuch, S.-J.-T. Manga, P. Martin, J.R. May, A. Mboya, S.O. McKenzie, M.A. Mekouar, D. Misiedjan, E. Mrema, R. Mwanza, D.S. Olawuyi, N. Osborne, O.W. Pedersen, J. Pendergrass, M.-C. Petersmann, M. Prieur, S.R. Rajan, L. Reins, J.M. Rivero Godoy, D.N. Scott, A. Solntsev, M. Stevenson, D.B. Suagee, A. Thomas, S.J. Turner, G. Van Hoorick, L. Vandenhende, J. Wentz, W. Yun Santoso

Full Product Details

Author:   James R. May ,  Erin Daly
Publisher:   Edward Elgar Publishing Ltd
Imprint:   Edward Elgar Publishing Ltd
Volume:   7
Dimensions:   Width: 16.90cm , Height: 4.10cm , Length: 24.40cm
Weight:   1.228kg
ISBN:  

9781788111454

ISBN 10:   1788111451
Pages:   616
Publication Date:   26 April 2019
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Table of Contents

Contents: Introduction: New Dimensions in Human Rights and the Environment James R. May and Erin Daly PART I LEGALITY 1. Advancing Human Rights through the Environmental Rule of Law Naysa Ahuja, John Pendergrass, Arnold Kreilhuber, Elizabeth Mrema and Carl Bruch 2. The United Nations Mandate on Human Rights and the Environment John H. Knox 3. An International Covenant on the Right of Human Beings to the Environment Michel Prieur, Mohamed Ali Mekouar and Erin Daly 4. New Frontiers in Environmental Constitutionalism: Environmental Rule of Law and the Sustainable Development Goals Arnold Kreilhuber and Angela Kariuki 5. In Defense of Constitutionalizing Environmental Rights Rosemary Mwanza 6. Human Rights Developments in Global Environmental Constitutionalism James R. May and Erin Daly 7. Human Rights and Human Benefits: the Implementation Gap Paul Martin 8. Sovereignty and Environmental Human Rights Sam Adelman 9. The Human Right to Environmental Information Rebecca Bratspies and Sarah Lamdan 10. Implementing Human Rights-Related Environmental Principles with e-Technology Innovation Under the Aarhus Convention Sylvestre-José-Tidiane Manga 11. Access to Justice in Environmental Matters: Recent Developments at International and Regional Level and the Repercussions at the National Level Vasiliki (Vicky) Karageorgou PART II INDIVISIBILITY 12. Indivisibility of Human and Environmental Rights Erin Daly and James R. May 13. Identifying Legal Claims to Human Rights and the Environment S. Ravi Rajan, Kirsten Davies and Catherine Iorns Magallanes 14. Climate Change and Human Rights Michael Burger and Jessica Wentz 15. Climate Change, Mobility, Law and Human Rights Christel Cournil and Emnet Gebre 16. Protecting The Right to Food When Implementing Climate Change Mitigation Strategies in Developing Countries Philip Coventry 17. Human Rights And the Gender Dynamics of Climate Change Ryan Jeremiah Donato Quan 18. Sustainability and Environmental Human Rights Chetna Anant Malviya and Ricardo Libel Waldman 19. Moral Limitations on Property Rights in the United States as Human Rights Blake Hudson 20. Land Use Restrictions and the Right to Property Geert Van Hoorick and Lise Vandenhende 21. Conflicts between Environmental Protection and Human Rights Marie-Catherine Petersmann 22. Biodiversity and Human Rights Wahyu Yun Santoso 23. The Rights of Nature and a New Constitutional Environmental Law Daniel Bonilla Maldonado PART III DIGNITY 24. Environmental Dignity Rights Erin Daly and James R. May 25. The Human Right to Water Daphina Misiedjan and Scott O. McKenzie 26. The Human Right to Landscape Michel Prieur 27. Understanding the Nexus of Environment, Energy and Human Rights Leonie Reins 28. Business Practices, Human Rights and the Environment Stephen Turner 29. Environmental Rights of Children Karen E. Makuch 30. Indigenous Peoples and Environmental Rights Alexander Solntsev 31. Indigenous Peoples and Conservation of Biodiversity Ritu Dhingra 32. Human Rights Based Environmental Remedy for Allotment Era Legacy in Indian Country Dean B. Suagee 33. Human Rights to the City: Urban Ecologies and Indigenous Justice Natalie Osborne, Anna Carlson & Chris Butler 34. Environmental Justice and the Hesitant Embrace of Human Rights Dayna Nadine Scott PART IV GEOGRAPHY 35. European Court of Human Rights and Environmental Rights Ole W. Pedersen 36. Vida Digna and Environmental Human Rights in the Inter American System Juan Manuel Rivero Godoy 37. Human Rights and the Environment in the Middle East and North African Region: Trends, Limitations and Opportunities Damilola S. Olawuyi 38. Non-Economic Losses and Human Rights in Small Island Developing States Lisa Benjamin, Adelle Thomas and Michael Stevenson 39. The Effectiveness of Access Rights in Sri Lanka in Issues of Environment and Development Camena Guneratne 40. Human Rights and Climate Change Displaced People: Bangladesh Perspective Md Abdul Awal Khan 41. Evaluation of Human Rights and the Environment in Jordan Aisa M. Hammadeen 42. Human Rights and Environmental Justice in Development Projects in Central Africa: from the Pipeline Chad-Cameroon to the Mbalam-Nabéba Iron Ore Project Guy Jules Kounga and Alain Kenmogne Simo 43. Human Vulnerability and Environmental Rights: The Endorois Welfare Council v. Kenya Case Atieno Mboya Samandari 44. Legal Personality for the Environment in Aotearoa New Zealand Catherine Iorns Magallanes Index

Reviews

`Further cementing their global academic leadership in the area of human rights and the environment, Erin Daly and James May have again managed to convene an illustrious group of experts around this critical issue. This important work comprehensively covers a broad range of pressing issues, providing as it does, current but critically reflective perspectives on the potential of human rights to contribute to a more sustainable future on Earth. It is an important contribution to the burgeoning literature on human rights and the environment.' -- Louis Kotze, North-West University, South Africa

`James R. May and Erin Daly, household names in global environmental constitutionalism, have produced a magnum opus on human rights and the environment. An encyclopedia studded with precious research, analysis and wisdom from eminent voices from all over the world. The timing of the publication is auspicious. It coincides with the first ever Report of the UN Secretary General on International Environmental Law towards a Global Pact for the Environment. The encyclopedia is a must have for all students and scholars of human dignity and sustainable development, and particularly for those that will, hopefully, craft the Global Pact for the Environment into hard law on the model of the International Covenants on Human Rights.' -- Parvez Hassan, IUCN World Commission on Environmental Law and Pakistan Environmental Law Association `Is the Environment about the birds and the bees, the flowers and the trees? Or is It about the vital organs of Life on Earth - the Land, Air, and Waters? (LAW). This marvelous work by James R. May and Erin Daly, and the contributors, world champions of the human right to Life and to the Sources of Life, could not be more timely. When we finally understand that the Environment is Life itself, then we will truly care for the LAW of Life that the Encyclopedia volume on Human Rights and the Environment envelops.' -- Antonio Oposa, Jr., Litigator, Educator, Organizer and Activist `James R. May and Erin Daly have curated a highly original analysis of Human Rights and the Environment through the lenses of legality, indivisibility, dignity and geography. The stellar array of authors offer their insights into the intersections between Human Rights and Environmental Constitutionalism, climate change, gender, property, water, biodiversity, energy and Indigenous rights, to mention a few. The intercontinental reach of the contributions is unique. The editors and contributors are to be congratulated on bringing this impressive and timely encyclopaedia to fruition.' -- Rosemary Lyster, University of Sydney, Australia `James R May and Erin Daly set out to create an `encyclopedia' of human rights and the environment, and a stellar encyclopedic effort is what they have delivered. Divided into four major analytical parts covering the field, the May and Daly tome includes 44 contributions by world leading authorities. The volume is designed to not only capture the essence of the entries, but also to move our thinking forward - something vital in this important emerging area of law.' -- Donald K Anton, Griffith Law School, Australia `This excellent volume is highly recommended to everyone interested in human rights and environment and human rights in general. The authors, who are the leading experts in their fields offer challenging insights into human rights and the environment. This publication is especially timely after the seminal 2017 Advisory Opinion of the Inter-American Court of Human Rights on the extraterritorial application of environmental human rights. Although much has been written and debated about human rights and the environment, this encyclopedia has adopted a novel and original approach offering new insights into the debate by analyzing four subjects, which approach environmental human rights from different perspectives. Its analytical focus is on four overarching themes: the challenges of identifying the fundamental legal sources for the protection of human rights and the environment (legality), the recognition of the indivisibility of human rights and environmental law (indivisibility), the centrality of the right to human dignity as the lodestar of human rights law (dignity), and the uniqueness of geographic particularities (geography). I have no doubt that this volume of the encyclopedia, will be a very significant contribution to further development of knowledge in the field of environmental human rights due to its novel and challenging approach. -- Malgosia Fitzmaurice, Queen Mary, University of London, UK `The link between the environment and human rights has been gradually recognized at national level, especially in developing countries. This encyclopedia pays much attention to the relationship between environmental protection and economic development in the perspective of human rights, and also provides insights and ways to achieve sustainable development which combines environment, development and human rights.' -- Qin Tianbao, Wuhan University, China `Further cementing their global academic leadership in the area of human rights and the environment, James May and Erin Daly have again managed to convene an illustrious group of experts around this critical issue. This important work comprehensively covers a broad range of pressing issues, providing as it does, current but critically reflective perspectives on the potential of human rights to contribute to a more sustainable future on Earth. It is an important contribution to the burgeoning literature on human rights and the environment.' -- Louis Kotze, North-West University, South Africa

'James R. May and Erin Daly, household names in global environmental constitutionalism, have produced a magnum opus on human rights and the environment. An encyclopedia studded with precious research, analysis and wisdom from eminent voices from all over the world. The timing of the publication is auspicious. It coincides with the first ever Report of the UN Secretary General on International Environmental Law towards a Global Pact for the Environment. The encyclopedia is a must have for all students and scholars of human dignity and sustainable development, and particularly for those that will, hopefully, craft the Global Pact for the Environment into hard law on the model of the International Covenants on Human Rights.' -- Parvez Hassan, IUCN World Commission on Environmental Law and Pakistan Environmental Law Association 'Is the Environment about the birds and the bees, the flowers and the trees? Or is It about the vital organs of Life on Earth - the Land, Air, and Waters? (LAW). This marvelous work by James R. May and Erin Daly, and the contributors, world champions of the human right to Life and to the Sources of Life, could not be more timely. When we finally understand that the Environment is Life itself, then we will truly care for the LAW of Life that the Encyclopedia volume on Human Rights and the Environment envelops.' -- Antonio Oposa, Jr., Litigator, Educator, Organizer and Activist 'James R. May and Erin Daly have curated a highly original analysis of Human Rights and the Environment through the lenses of legality, indivisibility, dignity and geography. The stellar array of authors offer their insights into the intersections between Human Rights and Environmental Constitutionalism, climate change, gender, property, water, biodiversity, energy and Indigenous rights, to mention a few. The intercontinental reach of the contributions is unique. The editors and contributors are to be congratulated on bringing this impressive and timely encyclopaedia to fruition.' -- Rosemary Lyster, University of Sydney, Australia 'James R May and Erin Daly set out to create an 'encyclopedia' of human rights and the environment, and a stellar encyclopedic effort is what they have delivered. Divided into four major analytical parts covering the field, the May and Daly tome includes 44 contributions by world leading authorities. The volume is designed to not only capture the essence of the entries, but also to move our thinking forward - something vital in this important emerging area of law.' -- Donald K Anton, Griffith Law School, Australia 'This excellent volume is highly recommended to everyone interested in human rights and environment and human rights in general. The authors, who are the leading experts in their fields offer challenging insights into human rights and the environment. This publication is especially timely after the seminal 2017 Advisory Opinion of the Inter-American Court of Human Rights on the extraterritorial application of environmental human rights. Although much has been written and debated about human rights and the environment, this encyclopedia has adopted a novel and original approach offering new insights into the debate by analyzing four subjects, which approach environmental human rights from different perspectives. Its analytical focus is on four overarching themes: the challenges of identifying the fundamental legal sources for the protection of human rights and the environment (legality), the recognition of the indivisibility of human rights and environmental law (indivisibility), the centrality of the right to human dignity as the lodestar of human rights law (dignity), and the uniqueness of geographic particularities (geography). I have no doubt that this volume of the encyclopedia, will be a very significant contribution to further development of knowledge in the field of environmental human rights due to its novel and challenging approach. -- Malgosia Fitzmaurice, Queen Mary, University of London, UK 'The link between the environment and human rights has been gradually recognized at national level, especially in developing countries. This encyclopedia pays much attention to the relationship between environmental protection and economic development in the perspective of human rights, and also provides insights and ways to achieve sustainable development which combines environment, development and human rights.' -- Qin Tianbao, Wuhan University, China 'Further cementing their global academic leadership in the area of human rights and the environment, James May and Erin Daly have again managed to convene an illustrious group of experts around this critical issue. This important work comprehensively covers a broad range of pressing issues, providing as it does, current but critically reflective perspectives on the potential of human rights to contribute to a more sustainable future on Earth. It is an important contribution to the burgeoning literature on human rights and the environment.' -- Louis Kotze, North-West University, South Africa

Author Information

Edited by James R. May, Richard S. Righter Distinguished Professor of Law, Washburn University School of Law and President, Dignity Rights International and Erin Daly, Professor of Law, Widener University Delaware Law School, USA and Executive Director, Dignity Rights International

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