TY  - BOOK
AU  - Petersmann,Marie-Catherine
TI  - When environmental protection and human rights collide: the politics of conflict management by regional courts 
T2  - Cambridge studies in international and comparative law
SN  - 9781009026659 (ebook)
AV  - K3585 .P48 2022
U1  - 344.04/633 23/eng/20220831
PY  - 2022///
CY  - Cambridge, United Kingdom ; New York, NY
PB  - Cambridge University Press
KW  - Environmental law, International
KW  - Human rights
KW  - International human rights courts
N1  - 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
N2  - 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
UR  - https://doi.org/10.1017/9781009026659
ER  -