NLU Meghalaya Library

Online Public Access Catalogue (OPAC)

Amazon cover image
Image from Amazon.com

When environmental protection and human rights collide : the politics of conflict management by regional courts / Marie-Catherine Petersmann.

By: Material type: TextSeries: Cambridge studies in international and comparative law (Cambridge, England : 1996) ; 172.Publisher: Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2022Description: 1 online resource (xvi, 288 pages) : digital, PDF file(s)Content type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9781009026659 (ebook)
Subject(s): Additional physical formats: Print version: : No titleDDC classification:
  • 344.04/633 23/eng/20220831
LOC classification:
  • K3585 .P48 2022
Online resources:
Contents:
Introduction -- Narratives of environmental and human rights protection - from a 'pristine wilderness' to a 'human environment' -- Horizons of synergy - adjudicating environmental and human rights protection -- Constructing and contesting anthropocentric synergies -- Countering the dominant frame - an account of trade-offs and tensions -- The general interest as universalisation strategy -- Expert knowledge as universalisation strategy -- Conclusion.
Summary: Conflicts between environmental protection laws and human rights present delicate trade-offs when concerns for social and ecological justice are increasingly intertwined. This book retraces how the legal ordering of environmental protection evolved over time and progressively merged with human rights concerns, thereby leading to a synergistic framing of their relation. It explores the world-making effects this framing performed by establishing how 'humans' ought to relate to 'nature', and examines the role played by legislators, experts and adjudicators in (re)producing it. While it questions, contextualises and problematises how and why this dominant framing was construed, it also reveals how the conflicts that underpin this relationship - and the victims they affect - mainly remained unseen. The analysis critically evaluates the argumentative tropes and adjudicative strategies used in the environmental case-law of regional courts to understand how these conflicts are judicially mediated, thereby opening space for new modes of politics, legal imagination and representation.
Tags from this library: No tags from this library for this title. Log in to add tags.
Star ratings
    Average rating: 0.0 (0 votes)
No physical items for this record

Title from publisher's bibliographic system (viewed on 20 Oct 2022).

Introduction -- Narratives of environmental and human rights protection - from a 'pristine wilderness' to a 'human environment' -- Horizons of synergy - adjudicating environmental and human rights protection -- Constructing and contesting anthropocentric synergies -- Countering the dominant frame - an account of trade-offs and tensions -- The general interest as universalisation strategy -- Expert knowledge as universalisation strategy -- Conclusion.

Conflicts between environmental protection laws and human rights present delicate trade-offs when concerns for social and ecological justice are increasingly intertwined. This book retraces how the legal ordering of environmental protection evolved over time and progressively merged with human rights concerns, thereby leading to a synergistic framing of their relation. It explores the world-making effects this framing performed by establishing how 'humans' ought to relate to 'nature', and examines the role played by legislators, experts and adjudicators in (re)producing it. While it questions, contextualises and problematises how and why this dominant framing was construed, it also reveals how the conflicts that underpin this relationship - and the victims they affect - mainly remained unseen. The analysis critically evaluates the argumentative tropes and adjudicative strategies used in the environmental case-law of regional courts to understand how these conflicts are judicially mediated, thereby opening space for new modes of politics, legal imagination and representation.

There are no comments on this title.

to post a comment.