The Environmental Rights Revolution
University of British Columbia Press (Verlag)
978-0-7748-2161-2 (ISBN)
The right to a healthy environment is the subject of extensive philosophical debates that revolve around a key question: Should rights to clean air, water, and soil be entrenched in law?
This pioneering book answers this by moving beyond theoretical debate to measure the practical effects of enshrining the right in constitutions. David Boyd analyzes 193 constitutions and the laws and court decisions of more than 100 nations in Europe, Latin America, Asia, and Africa. He reveals that 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 demonstrate superior environmental performance and have smaller ecological footprints.
Boyd not only demonstrates that constitutionalizing environmental protection has the power to make sustainability a priority, he tells inspiring stories about the difference the right to a healthy environment is making in people’s lives.
Dr. David R. Boyd is one of Canada’s leading experts in environmental law and policy and an adjunct professor in the School of Resource and Environmental Management at Simon Fraser University. He has advised the governments of Canada, Sweden, and Iceland on environmental and constitutional issues and is the co-chair of Vancouver’s Greenest City Action Team along with Mayor Gregor Robertson. He is a member of the IUCN’s Commission on Environmental Law, the Global Network for the Study of Human Rights and the Environment, the Forum for Leadership on Water, and the Environmental Law Alliance Worldwide (ELAW). David Boyd is the author of several bestselling and award-winning books as well as more than a hundred publications related to environmental law and policy, including Unnatural Law: Rethinking Canadian Environmental Law and Policy. His current research focuses on the effects of enshrining environmental rights and responsibilities in national constitutions.
Part 1: The Emergence and Evolution of a New Human Right
1 Constitutions, Human Rights, and the Environment: The Context
2 The Right to a Healthy Environment: Framing the Issues
3 The Prevalence and Enforceability of Environmental Provisions in National Constitutions
4 The Influence of International Law
Part 2: The Constitutional Right to a Healthy Environment in Practice
5 A Framework for Assessing the Legal Influence of the Right to a Healthy Environment
6 Latin America and the Caribbean
7 Africa
8 Asia
9 Eastern Europe
10 Western Europe
Part 3: Evaluating the Impacts of Environmental Provisions in Constitutions
11 Lessons Learned: Practical Experiences with the Right to a Healthy Environment
12 Do Environmental Provisions in Constitutions Influence Environmental Performance?
13 An Idea Whose Time Has Come
Appendices
Appendix 1. Research Methods
Appendix 2. Online Database: All Current Environmental Provisions from National Constitutions
Notes
References
Index
| Reihe/Serie | Law and Society |
|---|---|
| Zusatzinfo | 3 maps, 10 charts, 22 tables |
| Verlagsort | Vancouver |
| Sprache | englisch |
| Maße | 152 x 229 mm |
| Gewicht | 680 g |
| Themenwelt | Recht / Steuern ► EU / Internationales Recht |
| Recht / Steuern ► Öffentliches Recht ► Umweltrecht | |
| ISBN-10 | 0-7748-2161-2 / 0774821612 |
| ISBN-13 | 978-0-7748-2161-2 / 9780774821612 |
| Zustand | Neuware |
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