An irrefutable body of law is being built in support of nature's rights, a topic which is getting more and more attention in the media. This book is the first of its kind to explore cases around the world, how we got here, and how we must force governments to change how they operate
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Five national academies of science and medicine—from Brazil, Germany, South Africa, and the United States—issued a powerful statement about air pollution's immense impacts on public health. The statement concluded that the evidence linking air pollution and adverse health effects is unequivocal, the costs are enormous and yet the problem is preventable. However it is insufficient to treat clean air as a policy objective. It must be regarded as a fundamental human right, related to the rights of life, health, and a safe, clean, healthy and sustainable environment. The human rights perspective changes everything, because governments have clear, legally enforceable obligations to respect, protect, and fulfill human rights.
UBC Press (http://www.ubcpress.ca) published this book in December 2011. View the appropriate PDF file below for the full text of Appendix 2. ; The right to a healthy environment has been the subject of extensive philosophical debates that revolve around a key question: should rights to clean air, water, and soil be entrenched in law, in the constitutions of democratic states? In The Environmental Rights Revolution, David Boyd, one of Canada's leading environmental lawyers, answers this question by moving beyond theoretical debate to measure the practical effects of enshrining the right to a healthy environment in constitutions. His analysis of 193 constitutions and the laws and court decisions of more than 100 nations shows how the constitutional right to a healthy environment has been incorporated in legislation and is being judicially enforced in Europe, Latin America, Asia, and Africa. Nations with constitutional protections have stronger environmental laws, enhanced enforcement, greater government accountability, and better access to justice, information, and public participation in decision making than nations without such provisions. As a result, they also have smaller ecological footprints, rank higher on comprehensive indices of environmental performance, and have reduced pollution faster. This important and timely book not only demonstrates that enshrining environmental protection into national constitutions has the power to make sustainability a priority, it tells inspiring stories about the difference the right to a healthy environment is making in people's lives. ; Non UBC ; Reviewed ; Researcher
AbstractDeterminations of significance play a pivotal role in environmental impact assessments because they point decision makers to the predicted effects of an action most deserving of attention and further study. Impact predictions are always subject to uncertainty because they rely on estimates of future consequences. Yet uncertainty is often neglected or treated in a perfunctory manner as part of the characterization, evaluation, and communication of anticipated consequences and their significance. Proposals to construct fossil fuel pipelines in North America provide a highly visible example; casual treatment of how uncertainty affects significance determinations has resulted in poorly informed stakeholders, frustrated industry proponents, and inconsistent choices on the part of public decision makers. Using environmental assessments for recent pipeline proposals as examples, we highlight five ways in which uncertainty is often neglected when determining impact significance and suggest that a mix of known methods, new guidelines, and appropriate oversight could greatly improve current practices.
"Two of the great achievements of international law have been to define the human rights integral to a life of dignity, freedom, and equality, and to develop rules and institutions that protect the global environment. Because these two areas of the law developed separately and at different times, the relationship between them was at first unclear"--
The World Lawyers' Pledge on Climate Action is an open letter from and to the global legal community, calling for the mainstreaming of climate concerns throughout the law and legal profession. It seeks to rethink and redefine the role and responsibilities of lawyers in the climate crisis, and invites lawyers of all kinds —including practitioners, judges, scholars, civil servants, law students, and lawmakers—to integrate climate concerns into their respective areas of expertise and work. The magnitude and urgency of the climate crisis require all lawyers, not just environmental lawyers, to be part of the solution and contribute to climate-protective legal development. The Pledge can be endorsed and signed at http://www.lawyersclimatepledge.org.
Humanity is on a deeply unsustainable trajectory. We are exceeding planetary boundaries and unlikely to meet many international sustainable development goals and global environmental targets. Until recently, there was no broadly accepted framework of interventions that could ignite the transformations needed to achieve these desired targets and goals. As a component of the IPBES Global Assessment, we conducted an iterative expert deliberation process with an extensive review of scenarios and pathways to sustainability, including the broader literature on indirect drivers, social change and sustainability transformation. We asked, what are the most important elements of pathways to sustainability? Applying a social–ecological systems lens, we identified eight priority points for intervention (leverage points) and five overarching strategic actions and priority interventions (levers), which appear to be key to societal transformation. The eight leverage points are: (1) Visions of a good life, (2) Total consumption and waste, (3) Latent values of responsibility, (4) Inequalities, (5) Justice and inclusion in conservation, (6) Externalities from trade and other telecouplings, (7) Responsible technology, innovation and investment, and (8) Education and knowledge generation and sharing. The five intertwined levers can be applied across the eight leverage points and more broadly. These include: (A) Incentives and capacity building, (B) Coordination across sectors and jurisdictions, (C) Pre-emptive action, (D) Adaptive decision-making and (E) Environmental law and implementation. The levers and leverage points are all non-substitutable, and each enables others, likely leading to synergistic benefits. Transformative change towards sustainable pathways requires more than a simple scaling-up of sustainability initiatives—it entails addressing these levers and leverage points to change the fabric of legal, political, economic and other social systems. These levers and leverage points build upon those approved within the Global Assessment's Summary for Policymakers, with the aim of enabling leaders in government, business, civil society and academia to spark transformative changes towards a more just and sustainable world. A free Plain Language Summary can be found within the Supporting Information of this article. ; Fil: Chan, Kai M. A. University of British Columbia; Canadá ; Fil: Boyd, David R. University of British Columbia; Canadá ; Fil: Gould, Rachelle. University of Vermont; Estados Unidos ; Fil: Jetzkowitz, Jens. Staatliches Museum fur Naturkunde Stuttgart; Alemania ; Fil: Liu, Jianguo. Michigan State University; Estados Unidos ; Fil: Muraca, Bárbara. University of Oregon; Estados Unidos ; Fil: Naidoo, Robin. University of British Columbia; Canadá ; Fil: Beck, Paige. University of British Columbia; Canadá ; Fil: Satterfield, Terre. University of British Columbia; Canadá ; Fil: Selomane, Odirilwe. Stellenbosch University; Sudáfrica ; Fil: Singh, Gerald G. University of British Columbia; Canadá ; Fil: Sumaila, Rashid. University of British Columbia; Canadá ; Fil: Ngo, Hien T. Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services; Alemania ; Fil: Boedhihartono, Agni Klintuni. University of British Columbia; Canadá ; Fil: Agard, John. The University Of The West Indies; Trinidad y Tobago ; Fil: de Aguiar, Ana Paula D. Stockholms Universitet; Suecia ; Fil: Armenteras, Dolors. Universidad Nacional de Colombia; Colombia ; Fil: Balint, Lenke. BirdLife International; Reino Unido ; Fil: Barrington-Leigh, Christopher. Mcgill University; Canadá ; Fil: Cheung, William W. L. University of British Columbia; Canadá ; Fil: Díaz, Sandra Myrna. Consejo Nacional de Investigaciones Científicas y Técnicas. Centro Científico Tecnológico Conicet - Córdoba. Instituto Multidisciplinario de Biología Vegetal. Universidad Nacional de Córdoba. Facultad de Ciencias Exactas Físicas y Naturales. Instituto Multidisciplinario de Biología Vegetal; Argentina ; Fil: Driscoll, John. University of British Columbia; Canadá ; Fil: Esler, Karen. Stellenbosch University; Sudáfrica ; Fil: Eyster, Harold. University of British Columbia; Canadá ; Fil: Gregr, Edward J. University of British Columbia; Canadá ; Fil: Hashimoto, Shizuka. The University Of Tokyo; Japón ; Fil: Hernández Pedraza, Gladys Cecilia. The World Economy Research Center; Cuba ; Fil: Hickler, Thomas. Goethe Universitat Frankfurt; Alemania ; Fil: Kok, Marcel. PBL Netherlands Environmental Assessment Agency; Países Bajos ; Fil: Lazarova, Tanya. PBL Netherlands Environmental Assessment Agency; Países Bajos ; Fil: Mohamed, Assem A. A. Central Laboratory for Agricultural Climate; Egipto ; Fil: Murray-Hudson, Mike. University Of Botswana; Botsuana ; Fil: O'Farrell, Patrick. University of Cape Town; Sudáfrica ; Fil: Palomo, Ignacio. Basque Centre for Climate Change; España ; Fil: Saysel, Ali Kerem. Boğaziçi University; Turquía ; Fil: Seppelt, Ralf. Martin-universität Halle-wittenberg; Alemania ; Fil: Settele, Josef. German Centre for Integrative Biodiversity Research-iDiv; Alemania ; Fil: Strassburg, Bernardo. International Institute for Sustainability, Estrada Dona Castorina; Brasil ; Fil: Xue, Dayuan. Minzu University Of China; China ; Fil: Brondízio, Eduardo S. Indiana University; Estados Unidos