Research Handbook on Law, Environment and the Global South (Research Handbooks in Environmental Law series)

This comprehensive Research Handbook offers an innovative analysis of environmental law in the global South. It contributes to an important reassessment of some of the major concepts underlying environmental law, from a perspective that emphasises how their application affects poor and marginalised people as well as the wider ecosystems in which they live. Through legal analysis of environmental issues themselves, rather than the often limited discussion of existing legal instruments, this Research Handbook discusses areas rarely prioritised in environmental law, such as land rights, and underlines how these intersect with issues including poverty, livelihoods and the use of natural resources. Featuring contributors largely from, or working in, the global South with a variety of approaches and backgrounds, the Research Handbook challenges familiar narratives around development and sustainability in this context and provides new insights into environmental rights and justice. Researchers and postgraduate students will find this Research Handbook's unique perspective invaluable, particularly in the context of a growing interest in 'people-centric' environmental law. Policymakers and activists in the global South will also be interested in its analysis of key issues and suggestions for alternative models and future policy. Contributors include: S. Adelman, U. Baxi, V. Bhagat-Ganguly, S. Bhattacharjee, L. Bhullar, C.R. Bijoy, P. Cullet, J. Dehm, B. Gebremichael, K. Gill, S. Gopalakrishnan, E. Grant, M. Gupta, T. Kaime, P. Kameri-Mbote, A.H. Khan, M. Kidd, K. Kohli, S. Koonan, A. Kothari, L. Kotzé, F. Lesniewska, L. Lohmann, M. Menon, F. Padel, U. Ramanthan, J. Razzaque, G. Sahu, P. Sampat Contents List of contributors Introduction to the Research Handbook on Law, Environment and the Global South PART I - QUESTIONING THE CONCEPTS OF DEVELOPMENT AND SUSTAINABILITY Chapter 1: Intergenerational justice, water rights, and climate change Chapter 2: Justice, development and sustainability in the Anthropocene Chapter 3: Neoliberalism, law and nature Chapter 4: Radical well-being alternatives to development PART II - ENVIRONMENTAL RIGHTS, ENVIRONMENTAL JUSTICE AND ACCESS TO REMEDIES Chapter 5: Environmental rights in the Global South Chapter 6: North-South transboundary movement of hazardous wastes – the Basel Ban and environmental justice Chapter 7: The Bhopal case: retrospect and prospect PART III - LAND USE, ACQUISITION AND DISPOSSESSION Chapter 8: Land rights, poverty, and livelihoods: the case of Ethiopia Chapter 9: Wildlife conservation and land rights in Kenya: competing or complementary agendas? Chapter 10: Land-grabs and dispossession in India: laws of value PART IV - FORESTS: A CONTESTED RESOURCES OR COMMODITY Chapter 11: Environmental impact assessment in the context of mangrove forest ecosystem management in Bangladesh: a case study of Rampal coal power plant project Chapter 12: Forests, people and poverty: failing to reform the global development paradigm Chapter 13: Access to and control over forest resources – the case of the Forest Rights Act, 2006 in India PART V - INDIGENOUS PEOPLES: RESOURCE USE, CONSERVATION, LIVELIHOODS AND RIGHTS Chapter 14: Forest rights and tribals in mineral rich areas of India: the Vedanta case and beyond Chapter 15: Conservation and livelihoods: conflicts or convergence? PART VI - ENERGY AND THE ENVIRONMENT Chapter 16: International energy policy for development: human rights and sustainable development law imperatives Chapter 17: Nuclear energy and liability: an environmental perspective PART VII - WATER: PRIVATISATION, DEVELOPMENT AND HUMAN RIGHTS Chapter 18: Realisation of the right to water: lessons from South Africa Chapter 19: Dams and displacement: the case of the Sardar Sarovar Project, India Chapter 20: Wastewater reuse in irrigated agriculture in urban and peri-urban India: a farmers’ rights perspective PART VIII - COMMERCIAL AND INDUSTRIAL USE OF RESOURCES AND EQUITY Chapter 21: Mining, development and environment in India Chapter 22: Environment impact assessment in India: contestations over regulating development Chapter 23: The informal waste sector: ‘surplus’ labour, detritus, and the right to the post-colonial city Index "This comprehensive research handbook offers an innovative analysis of environmental law in the global South. It contributes to an important reassessment of some of the major concepts underlying environmental law, from a perspective that emphasises how their application affects poor and marginalised people as well as the wider ecosystems in which they live. Through legal analysis of environmental issues themselves, rather than the often limited discussion of existing legal instruments, this Research Handbook discusses areas rarely prioritised in environmental law, such as land rights, and underlines how these intersect with issues including poverty, livelihoods and the use of natural resources. Featuring contributors largely from, or working in, the global South with a variety of approaches and backgrounds, the Research Handbook challenges familiar narratives around development and sustainability in this context and provides new insights into environmental rights and justice. Researchers and postgraduate students will find this Research Handbook's unique perspective invaluable, particularly in the context of a growing interest in 'people-centric' environmental law. Policymakers and activists in the global South will also be interested in its analysis of key issues and suggestions for alternative models and future policy"-- Provided by publisher "This comprehensive Research Handbook offers an innovative analysis of environmental law in the global South and contributes to an important reassessment of some of its major underlying concepts. The Research Handbook discusses areas rarely prioritized in environmental law, such as land rights, and underlines how these intersect with issues including poverty, livelihoods and the use of natural resources, challenging familiar narratives around development and sustainability in this context and providing new insights into environmental justice."