Theorising International Environmental Law

Humphreys, Stephen; Otomo, Yoriko

doi:10.2139/ssrn.2385836

Cited by 3 publications

(2 citation statements)

References 58 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…Ecological debt has four dimensions: firstly, debt originated from the intergenerational unfair protection of environmental rights of future generations. Secondly, debt originated by the historical attribution of responsibility for ecological crises and depletion caused by past phenomena such as colonisation [215,216]. Thirdly, inter-spatial ecological injustice, i.e., the unequal geographical distribution of ecological risks and adaptation costs and the unequal distribution and unfair exploitation of natural resources among regions [139,140,217].…”

Section: Pending Discussion: the Need For A Multidimensional And Victims-centred Approachmentioning

confidence: 99%

The UNGPs on Business and Human Rights and the Greening of Human Rights Litigation: Fishing in Fragmented Waters?

Lizarazo-Rodríguez

2021

Sustainability

View full text Add to dashboard Cite

This article is written around the time a Dutch court ordered the corporate group Shell to cut its carbon emissions by 2030. The aim of the article is to contribute to the conceptualisation of the phenomenon this judgement unveils in terms of greening human rights litigation supported by the United Nations Guiding Principles on Business and Human Rights (UNGPs). It addresses, firstly, how claiming the protection of the Earth before courts is occurring in a highly fragmented legal, economic and social context as a way to overcome the multiple obstacles flagged by the literature on the UNGPs. Secondly, it assesses how human rights litigation seeking global justice has evolved in waves with common trends, such as activism from social actors and courts that rely on arguments based on progressive soft law. Thirdly, it identifies two trends in the current wave of green litigation: the anthropocentric perspective that claims the protection of the Earth in the public interest and the ecocentric perspective that claims autonomous rights for Mother Earth. Finally, the article flags some gaps in this third wave of human rights litigation, particularly the risk of disregarding the third pillar of the UNGPs: access to an effective remedy for marginalised communities that are not aware of these ongoing developments.

show abstract

Section: Pending Discussion: the Need For A Multidimensional And Victims-centred Approachmentioning

confidence: 99%

The UNGPs on Business and Human Rights and the Greening of Human Rights Litigation: Fishing in Fragmented Waters?

Lizarazo-Rodríguez

2021

Sustainability

View full text Add to dashboard Cite

show abstract

“…38 This 'severance' model that distances the concept of the human world from the natural world directly traces to European romanticism. 39 It is a view that continues to inform a present-day environmental agenda established by and around the priorities and concerns of affluent countries. 40 Studying how concepts of the environment evolved within non-European thought and outside the tradition of Enlightenment humanism reveals alternative visions to the severance model.…”

Section: A Resource Ripe For the Taking: The Enduring Legacy Of Law'smentioning

confidence: 99%

An Unknown Past, an Unequal Present, and an Uncertain Future: Transnational Environmental Law Through Three Research Challenges

Affolder

2020

SSRN Journal

View full text Add to dashboard Cite

The ecological overshoot of humanity requires us to both zoom into the details of intrahuman injustice-otherwise we do not see the suffering of many humans-and to zoom out of that history, or else we do not see the suffering of other species and, in a manner of speaking, of the planet. 1 Transnational law offers a particularly rich opportunity for zooming in and zooming out. While functioning as a methodology, a discourse and a field of substantive law, 2 transnational law brings particular dimensions, sites and processes of environmental law and lawmaking into view. Approaching transnational law as a vision field does not downgrade the role of its practitioners and scholars to the status of observers. Rather, transnational law encompasses a project of changing the world by changing dominant ideas about it. Transnational law has long been seen to function as a mechanism for illuminating particular spaces. Such spaces include the empty space left by existing doctrinal perspectives, 3 and the particular relationships between, around and outside national laws. 4 It offers a way of looking at and for law that is alert to spheres of normativity different from the nation state, or that involves distinct ways of conceiving of the nation state. It highlights private actors and the power and

show abstract

Primal Scene to Anthropocene: Narrative and Myth in International Environmental Law

2019

View full text Add to dashboard Cite

License: Article 25fa pilot End User Agreement This publication is distributed under the terms of Article 25fa of the Dutch Copyright Act (Auteurswet) with explicit consent by the author. Dutch law entitles the maker of a short scientific work funded either wholly or partially by Dutch public funds to make that work publicly available for no consideration following a reasonable period of time after the work was first published, provided that clear reference is made to the source of the first publication of the work. This publication is distributed under The Association of Universities in the Netherlands (VSNU) 'Article 25fa implementation' pilot project. In this pilot research outputs of researchers employed by Dutch Universities that comply with the legal requirements of Article 25fa of the Dutch Copyright Act are distributed online and free of cost or other barriers in institutional repositories. Research outputs are distributed six months after their first online publication in the original published version and with proper attribution to the source of the original publication. You are permitted to download and use the publication for personal purposes. All rights remain with the author(s) and/or copyrights owner(s) of this work. Any use of the publication other than authorised under this licence or copyright law is prohibited. If you believe that digital publication of certain material infringes any of your rights or (privacy) interests, please let the Library know, stating your reasons.

show abstract

Theorising International Environmental Law

Cited by 3 publications

References 58 publications

The UNGPs on Business and Human Rights and the Greening of Human Rights Litigation: Fishing in Fragmented Waters?

The UNGPs on Business and Human Rights and the Greening of Human Rights Litigation: Fishing in Fragmented Waters?

An Unknown Past, an Unequal Present, and an Uncertain Future: Transnational Environmental Law Through Three Research Challenges

Primal Scene to Anthropocene: Narrative and Myth in International Environmental Law

Contact Info

Product

Resources

About