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When Environmental Protection and Human Rights Collide - The Politics of Conflict Management by Regional Courts (Hardcover)
Loot Price: R3,013
Discovery Miles 30 130
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When Environmental Protection and Human Rights Collide - The Politics of Conflict Management by Regional Courts (Hardcover)
Series: Cambridge Studies in International and Comparative Law
Expected to ship within 12 - 17 working days
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Total price: R3,033
Discovery Miles: 30 330
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Conflicts between environmental protection laws and human rights
present delicate trade-offs when concerns for social and ecological
justice are increasingly intertwined. This book retraces how the
legal ordering of environmental protection evolved over time and
progressively merged with human rights concerns, thereby leading to
a synergistic framing of their relation. It explores the
world-making effects this framing performed by establishing how
'humans' ought to relate to 'nature', and examines the role played
by legislators, experts and adjudicators in (re)producing it. While
it questions, contextualises and problematises how and why this
dominant framing was construed, it also reveals how the conflicts
that underpin this relationship - and the victims they affect -
mainly remained unseen. The analysis critically evaluates the
argumentative tropes and adjudicative strategies used in the
environmental case-law of regional courts to understand how these
conflicts are judicially mediated, thereby opening space for new
modes of politics, legal imagination and representation.
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