496 pages, 1 halftone
This innovative collection of essays discusses the extent to which considerations of justice and fairness have permeated the legal debate on environmental protection. Written by a wide range of contributors who have approached the subject from fresh theoretical and practical perspectives, the essays examine how these permutations of justice have influenced policy choices relating to topics like climate change, protection of the stratospheric zone, trade and the conduct of warfare.
The significance of participatory rights as a medium for the realisation of environmental justice is given extended treatment, and the contributors also assess the congruence between environmental justice and structural issues, such as gender, class, state borders and, on a global scale, North-South relations. The book will inform and stimulate debate on an important-yet-neglected aspect of the environmental discourse, and is highly recommended for researchers and students of international and domestic law, political science and international relations.
Introduction: dimensions of justice in environmental law Jonas Ebbesson; Part I. The Notion of Justice in International Law: 2. The second cycle of ecological urgency: an environmental justice perspective Richard Falk; 3. Describing the elephant: international justice and environmental law Dinah Shelton; 4. Law, justice and rights: some implications of a global perspective William Twining; 5. Gender and environmental law and justice?: thoughts on sustainable masculinities Hanne Petersen; Part II. Public Participation and Access to the Judiciary: 6. Participatory rights in natural resource management: the role of communities in south Asia Jona Razzaque; 7. Public participation and the challenges of environmental justice in China Qun Du; 8. Environmental justice through courts in countries in economic transition Stephen Stec; 9. Environmental justice through environmental courts?: lessons learned from the Swedish experience Jan Darpo; 10. Environmental justice in the European Court of Justice Ludwig Kramer; 11. Environmental justice through international complaints procedures?: comparing the Aarhus Convention and the North American Agreement on Environmental Cooperation Malgosia Fitzmaurice; Part III. State Sovereignty and State Borders: 12. Environmental justice in situations of armed conflict Phoebe Okowa; 13. Sovereignty and environmental justice in international law Andre Nollkaemper; 14. Piercing the state veil in the pursuit of environmental justice Jonas Ebbesson; Part IV. North-South Concerns in Global Contexts: 15. Competing narratives of justice in north-south environmental relations: the case of ozone layer depletion Karin Mickelson; 16. Climate change, global environmental justice and international environmental law Jutta Brunee; 17. Justice in global environmental negotiations: the case of desertification Bo Kjellen; Part V. Access to Natural Resources: 18. Distributive justice and procedural fairness in global water law Ellen Hey; 19. Environmental justice in the use, knowledge and exploitation of genetic resources Philippe Cullet; 20. Law, gender and environmental resources: women's access to environmental justice in east Africa Patricia Kameri-Mbote; Part VI. Corporate Activities and Trade: 21. The polluter pays principle: dilemmas of justice in national and international contexts Hans Christian Bugge; 22. Corporate activities and environmental justice: perspectives on Sierra Leone's mining Priscilla Schwartz; 23. Environmental justice and international trade law Nicolas de Sadeleer.
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Jonas Ebbesson is Director of the Stockholm Environmental Law and Policy Centre, Stockholm University. Phoebe Okowa is a Reader in Public International Law at Queen Mary, University of London.