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Elgar Advanced Introductions are stimulating and thoughtful
introductions to major fields in the social sciences and law,
expertly written by the world's leading scholars. Designed to be
accessible yet rigorous, they offer concise and lucid surveys of
the substantive and policy issues associated with discrete subject
areas. This thought-provoking introduction provides an incisive
overview of dignity law, a field of law emerging in every region of
the globe that touches all significant aspects of the human
experience. Through an examination of the burgeoning case law in
this area, James R. May and Erin Daly reveal a strong overlapping
consensus surrounding the meaning of human dignity as a legal right
and a fundamental value of nations large and small, and how this
global jurisprudence is redefining the relationship between
individuals and the state. Key features include: Analyses of cases
from a range of jurisdictions all over the world A history of the
shift of the concept of dignity from a philosophical idea to a
legally enforceable right Discussion of dignity as a value and a
right in different major legal contexts, and its roots in African,
Asian, European and Islamic traditions. This Advanced Introduction
will be invaluable to scholars and students of law, particularly
those interested in human rights, looking to understand this
emerging area of law. It will inform lawyers, judges, policymakers
and other advocates interested in how dignity and the law can be
used to protect everyone, including the most vulnerable among us.
Elgar Advanced Introductions are stimulating and thoughtful
introductions to major fields in the social sciences and law,
expertly written by the world's leading scholars. Designed to be
accessible yet rigorous, they offer concise and lucid surveys of
the substantive and policy issues associated with discrete subject
areas. This thought-provoking introduction provides an incisive
overview of dignity law, a field of law emerging in every region of
the globe that touches all significant aspects of the human
experience. Through an examination of the burgeoning case law in
this area, James R. May and Erin Daly reveal a strong overlapping
consensus surrounding the meaning of human dignity as a legal right
and a fundamental value of nations large and small, and how this
global jurisprudence is redefining the relationship between
individuals and the state. Key features include: Analyses of cases
from a range of jurisdictions all over the world A history of the
shift of the concept of dignity from a philosophical idea to a
legally enforceable right Discussion of dignity as a value and a
right in different major legal contexts, and its roots in African,
Asian, European and Islamic traditions. This Advanced Introduction
will be invaluable to scholars and students of law, particularly
those interested in human rights, looking to understand this
emerging area of law. It will inform lawyers, judges, policymakers
and other advocates interested in how dignity and the law can be
used to protect everyone, including the most vulnerable among us.
'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
Dernbach and May have brought together a marvelous collection of
essays that join two inseparable issues: shale gas and
sustainability. Each of the 12 articles, written by important
authors, together with an introduction and conclusion from Dernbach
and May, offers insightful recommendations on how to explore shale
gas around the globe in a sustainable way.' - Marcelo Dantas,
Universidade do Vale do Itajai (UNIVALI), SC, BrazilThe rapid
growth of shale gas development has led to an intense and
polarizing debate about its merit. This book asks and suggests
answers to the question that has not yet been systematically
analysed: what laws and policies are needed to ensure that shale
gas development helps to accelerate the transition to
sustainability? In this groundbreaking book, more than a dozen
experts in policy and academia assess the role that sustainability
plays in decisions concerning shale gas development in the US and
elsewhere, offering legal and policy recommendations for developing
shale gas in a manner that accelerates the transition to
sustainability. Contributors assess good practices from
Pennsylvania to around the planet, discussing how these lessons
translate to other jurisdictions. Ultimately, the book concludes
that major changes in law and policy are needed to develop shale
gas sustainably. Policymakers and educators alike will find this
book to be a valuable resource, as it tackles the technical,
social, economic and legal aspects associated with this
sustainability issue. Other strengths are its clear language and
middle-ground policy perspective that will make Shale Gas and the
Future of Energy accessible to both students and the general
public. Contributors: D.A. Brown, T. Daya-Winterbottom, J.
Glazewski, B.D. Goldstein, P. Ko, B. Kolb, K.T. Kristl, J.A. 'Skip'
Laitner, J. McElfish, J. Morgan, J.H. Quigley, P. Salkin, D.B.
Spence, D. Stares, J. Ubinger, Jr., J. Williamson
Environmental constitutionalism is a new concept for protecting
local and global environmental conditions by invoking national and
subnational constitutional law. As constitution-drafters in all
legal traditions commit to environmental stewardship, protection
and sustainability, courts are increasingly called upon to
vindicate protected environmental rights in both their substantive
and their procedural aspects. Designed for judges, advocates, and
policy-makers as well as scholars in the field, this research
review discusses key writings on environmental constitutionalism
from around the world, drawing attention to its contours, its
challenges, and its potential for enhancing both environmental
protection and constitutional governance in theory and context.
Environmental rights, also known as the human rights or
constitutional rights that are used for the protection of the
environment, have proliferated over the last forty-five years.
However, the precise levels of protection that they represent has
since been a major question associated with this phenomenon.
Environmental Rights: The Development of Standards systematically
investigates this question by analyzing the emerging standards of
environmental protection that are associated with such rights and
the way that those associations are becoming formalized. It covers
all of the relevant human rights treaties to illustrate how
environmental rights standards are emerging in this dynamic area.
Bringing together an elite group of scholars, this book discusses
significant new insights into the way that environmental rights are
developing, the standards of protection that they confer, and the
way that standards in the field of environmental rights can
potentially be further developed in the future.
Environmental rights, also known as the human rights or
constitutional rights that are used for the protection of the
environment, have proliferated over the last forty-five years.
However, the precise levels of protection that they represent has
since been a major question associated with this phenomenon.
Environmental Rights: The Development of Standards systematically
investigates this question by analyzing the emerging standards of
environmental protection that are associated with such rights and
the way that those associations are becoming formalized. It covers
all of the relevant human rights treaties to illustrate how
environmental rights standards are emerging in this dynamic area.
Bringing together an elite group of scholars, this book discusses
significant new insights into the way that environmental rights are
developing, the standards of protection that they confer, and the
way that standards in the field of environmental rights can
potentially be further developed in the future.
Constitutions can play a central role in responding to
environmental challenges, such as pollution, biodiversity loss,
lack of drinking water, and climate change. The vast majority of
people on earth live under constitutional systems that protect the
environment or recognize environmental rights. Such environmental
constitutionalism, however, falls short without effective
implementation by policymakers, advocates and jurists. Implementing
Environmental Constitutionalism: Current Global Challenges explains
and explores this 'implementation gap'. This collection is both
broad and deep. While some of the essays analyze crosscutting
themes, such as climate change and the need for rule of law that
affect the implementation of environmental constitutionalism
throughout the world, others delve deeply into geographically
contextual experiences for lessons about how constitutional
environmental law might be more effectively implemented. This
volume informs global conversations about whether and how
environmental constitutionalism can be made more effective to
protect the natural environment.
Reflecting a global trend, scores of countries have affirmed that
their citizens are entitled to healthy air, water and land, and
that their constitution should guarantee certain environmental
rights. This book examines the increasing recognition that the
environment is a proper subject for protection in constitutional
texts and for vindication by constitutional courts. This
phenomenon, which the authors call environmental constitutionalism,
represents the confluence of constitutional law, international law,
human rights and environmental law. National apex and
constitutional courts are exhibiting a growing interest in
environmental rights, and as courts become more aware of what their
peers are doing, this momentum is likely to increase. This book
explains why such provisions came into being, how they are
expressed, and the extent to which they have been, and might be,
enforced judicially. It is a singular resource for evaluating the
content of and hope for constitutional environmental rights.
Reflecting a global trend, scores of countries have affirmed that
their citizens are entitled to healthy air, water and land, and
that their constitution should guarantee certain environmental
rights. This book examines the increasing recognition that the
environment is a proper subject for protection in constitutional
texts and for vindication by constitutional courts. This
phenomenon, which the authors call environmental constitutionalism,
represents the confluence of constitutional law, international law,
human rights and environmental law. National apex and
constitutional courts are exhibiting a growing interest in
environmental rights, and as courts become more aware of what their
peers are doing, this momentum is likely to increase. This book
explains why such provisions came into being, how they are
expressed, and the extent to which they have been, and might be,
enforced judicially. It is a singular resource for evaluating the
content of and hope for constitutional environmental rights.
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