Environmental Rights (The International Library of Essays on Rights)

"The essays selected for this volume present critical viewpoints from the debate about the need to establish rights on behalf of greater environmental protection. Three main areas for developing environmental rights are surveyed, including: extensionist theories that link existing rights (for example to subsistence or territory) to threats of harm from exacerbated resource scarcity, pollution or rapid environmental change; proposals for rights to specified environmental goods or services, such as rights to a safe environment and the capacity to assimilate greenhouse gas emissions; and rights that protect the interests of parties not currently recognized as having rights, including nonhuman subjects, natural objects and future generations. This volume captures the potential for and primary challenges to the development of rights as instruments for safeguarding the planet's life-support capacities and features proposals and analyses which argue the need to create an avenue of recourse against ecological degradation, whether on behalf of human or nonhuman right holders."--Provided by publisher Cover Half Title Title Copyright Contents Acknowledgements Series Preface Introduction PART I HUMAN RIGHTS: GENERAL 1 Francis O. Adeola (2001), 'Environmental Injustice and Human Rights Abuse: The States, MNCs, and Repression of Minority Groups in the World System', Human Ecology Review, 8, pp. 39–59. 2 Jeremy Waldron (1987), 'Can Communal Goods be Human Rights?', European Journal of Sociology, 28, pp. 296–322. 3 James Nickel and Daniel Magraw (2010), 'Philosophical Issues in International Environmental Law', in Samantha Besson and John Tassioulas (eds), The Philosophy of International Law, Oxford: Oxford University Press, pp. 453–71. PART II HUMAN RIGHTS AND CLIMATE CHANGE 4 Paul Baer, with Tom Athanasiou, Sivan Kartha and Eric Kemp-Benedict (2009), 'Greenhouse Development Rights: A Proposal for a Fair Global Climate Treaty', Ethics, Policy and Environment, 12, pp. 267–81. 5 Derek Bell (2011), 'Does Anthropogenic Climate Change Violate Human Rights?', Critical Review of International Social and Political Philosophy, 14, pp. 99–124. 6 Simon Caney (2007), 'Human Rights, Responsibilities, and Climate Change', in C.R. Beitz and R.E. Goodin (eds), Global Basic Rights, Oxford: Oxford University Press, pp. 227–47. 7 Tim Hayward (2007), 'Human Rights Versus Emissions Rights: Climate Justice and the Equitable Distribution of Ecological Space', Ethics and International Affairs, 21, pp. 431–50. 8 Stephen Humphreys (2009), 'Competing Claims: Human Rights and Climate Harms', in Stephen Humphreys (ed.), Human Rights and Climate Change, Cambridge: Cambridge University Press, pp. 37–68. 9 Henry Shue (2011), 'Human Rights, Climate Change, and the Trillionth Ton', in D.G. Arnold (ed.), The Ethics of Global Climate Change, Cambridge: Cambridge University Press, pp. 292–314. 10 Steve Vanderheiden (2008), 'Climate Change, Environmental Rights, and Emission Shares', in Steve Vanderheiden (ed.), Political Theory and Global Climate Change, Cambridge, MA: MIT Press, pp. 43–66. PART III RIGHTS OF NONHUMANS, ENVIRONMENT AND FUTURITY 11 Joel Feinberg (1980), 'The Rights of Animals and Unborn Generations', in Rights, Justice, and the Bounds of Liberty: Essays in Social Philosophy, Princeton, NJ: Princeton University Press, pp. 159–83. 12 James A. Nash (1993), 'The Case for Biotic Rights', Yale Journal of International Law, 18, pp. 235–9. 13 Christopher D. Stone (1972), 'Should Trees Have Legal Standing? – Toward Legal Rights for Natural Objects', Southern California Law Review, 45, pp. 450–501. 14 Axel Gosseries (2008), 'On Future Generations' Future Rights', Journal of Political Philosophy, 16, pp. 446–74. 15 Richard P. Hiskes (2005), 'The Right to a Green Future: Human Rights, Environmentalism, and Intergenerational Justice', Human Rights Quarterly, 27, pp. 1346–64. 16 Edith Brown Weiss (1990), 'Our Rights and Obligations to Future Generations for the Environment', American Journal of International Law, 84, pp. 198–207. 17 Clark Wolf (1995), 'Contemporary Property Rights, Lockean Provisos, and the Interests of Future Generations', Ethics, 105, pp. 791–818. PART IV RIGHTS TO A SAFE ENVIRONMENT 18 John Y. Pearson, Jr (1970), 'Toward a Constitutionally Protected Environment', Virginia Law Review, 56, pp. 458–86. 19 Christopher Miller (1995), 'Environmental Rights: European Fact or English Fiction?', Journal of Law and Society, 22, pp. 374–97. 20 Holmes Rolston III (1993), 'Rights and Responsibilities on the Home Planet', Yale Journal of International Law, 18, pp. 251–79. 21 Dinah Shelton (1991-92), 'Human Rights, Environmental Rights, and the Right to Environment', Stanford Journal of International Law, 28, pp. 103–38. Name Index Deals with the potential for and primary challenges to the development of rights as instruments for safeguarding the planet's life-support capacities and features proposals and analyses which argue the need to create an avenue of recourse against ecological degradation, whether on behalf of human or nonhuman right holders.