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The Search for Environmental Justice

Edited by: Paul Martin, Sadeq Z. Bigdeli, Trevor Daya-Winterbottom, et al

ISBN13: 9781784719418
Published: July 2015
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £131.00
Paperback edition , ISBN13 9781784719869



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This thoughtful book provides an overview of the major developments in the theory and practice of environmental justice. It illustrates the direction of the evolution of rights of nature and exposes the diverse meanings and practical uses of the concept of environmental justice in different jurisdictions, and their implications for the law, society and the environment.

The term 'environmental justice' has different meaning to different scholars and is applied in many different contexts. For some, the focus is on equal distribution of the earth’s benefits, with concern for the interests of the less wealthy, disadvantaged minorities, or indigenous people. For others the focus is on the interests of the earth and nature itself.

Additionally, for some, environmental justice is a framework for discourse, whilst for others it connotes specific legal principles and procedures. The application of these interpretations through the law involves diverse approaches and rules. In this timely book, expert contributors identify the meanings and the practical translation of environmental justice, reflecting the perspectives of academic, judicial and indigenous people from many countries.

Among the issues considered are the rights of nature and its application through judicial practice, and approaches to respecting the laws, culture and the rights of Indigenous peoples.

This integrated exploration of the topic will provide an excellent resource for scholars, judicial officers and practitioners interested in environmental and social justice issues.

Subjects:
Environmental Law
Contents:
1. The Search for Environmental Justice Paul Martin, Sadeq 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 Brian Preston
3. The Rule of Law in the Anthropocene Klaus Bosselman
4. Biodiversity Justice in a Climate Change World Lee Godden and Emily O'Connell

PART II RIGHTS-BASED CONCEPTUALISATIONS
5. Human Rights and the Environment 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 Wanida Phromlah and Paul Martin
9. Indonesia REDD+: Beyond Carbon, More Than Just Forest Mas Santosa, Josi Khatarina and Aldilla Suwana
10. Consensus Federalism and Freshwater Regulation Amelia Keene
11. International Environmental Governance in the Pacific Island Region Justin Rose
12. Safe Harbours, Closed Borders? Vernon Rive
l13. Overcoming Climate Inertia with Unilateral Action on Black CarbonAnastasia Telesetsky
14. Is There Relief For Transnational Harm? Christopher Chaulk
15. Issues from the Adventitious Presence of GMOsRamesh Karky and Mark Perry

PART IV RECOGNITION OF INDIGENOUS PEOPLES' INTERESTS
16. Customary Law Systems for Water Governance in Kenya Elizabeth Cachenga
17. Legal Strategies to expand Indigenous Governance in Climate Change Adaptation Donna Craig
18. Innovative Collaboration, Inclusive Practices, Governance and Cultural Capital Johhnie Aseron, Neyooxet Greymorning and Jacqueline Williams

Index