Download Environmental Law and Justice in Context by Jonas Ebbesson, Phoebe Okowa PDF

By Jonas Ebbesson, Phoebe Okowa

This choice of essays discusses the level to which concerns of justice and equity have permeated the criminal debate on environmental safety. Written by means of quite a lot of participants who've approached the topic from clean theoretical and functional views, the essays learn how those variations of justice have prompted coverage offerings with regards to issues like weather switch, security of the stratospheric region, alternate and the behavior of war. the importance of participatory rights as a medium for the realisation of environmental justice is given prolonged remedy, and the participants additionally verify the congruence among environmental justice and structural concerns, similar to gender, type, country borders and, on an international scale, North-South family. The e-book will tell and stimulate debate on an important-yet-neglected element of the environmental discourse, and is extremely suggested for researchers and scholars of foreign and household legislations, political technology and diplomacy.

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Two of the three contributions examine justice considerations in the context of access to water and genetically modified resources, whereas the third contribution examines the gendered aspects of environmental law and justice with particular focus on access to natural resources. Obviously, justice considerations arise also with regard to other kinds of natural resources, such as forests, fisheries and minerals,45 both at the local and international level. Ellen Hey (Chapter 18) explores how international law addresses water crises, and makes the point that international water law is moving from the inter-state paradigm towards a ‘global water law’.

52 See also Ebbesson in Chapter 14 of this volume. 34 jonas ebbesson still an unresolved issue about the compatibility of a trade prohibition and WTO law. European Community law also prohibits qualitative restrictions and measures with such effects, but the European Court of Justice has pushed for the integration of local environmental considerations in the field of trade law. According to this court, environment and health protection constitutes a legitimate objective in the public interest capable of justifying restrictions of trade.

5 North–South concerns in global contexts The concerns for global justice are not limited to issues where the environmental problems as such are global in scope. Also, access to natural resources, more generally, triggers concerns for justice in a larger geographical context. e. issues of a worldwide geographical scope. These three concerns are interrelated, and they have all resulted in multilateral regimes with some 170–190 states involved, and with more or less precisely defined obligations for the states concerned.

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