Emerging Issues In Environmental Law Climate Change

Despite the clear link between climate change and human rights with the potential for virtually all protected rights to be undermined as a result of climate change, its catastrophic impact on human beings was not really understood as a human rights issue until recently. This book examines the link between climate change and human rights in a comprehensive manner. It looks at human rights approaches to climate change, including the jurisprudential bases for human rights and the environment, the theoretical framework governing human rights and the environment, and the different approaches to this including benchmarks. In addition to a discussion of human rights implications of international environmental law principles in the climate change regime, the book explores how the human rights framework can be used in relation to mitigation, adaption, and adjudication. Other chapters examine how vulnerable groups –women, indigenous peoples and climate "refugees" – would be disproportionately affected by climate change. The book then goes on to discuss a new category of people created by climate change, those who will be rendered stateless as a result of states disappearing and displaced by climate change, and whether human rights law can adequately address these emerging issues.

Emerging Principles of International Environmental Law is ideally suited for any law or environmental studies student, practitioner or law academic who is interested in the legal status of emerging principles in the field of international environmental law. Among its highlights, the text examines the interaction of principles/concepts such as sustainable development, the precautionary principle etc., with one another and how the present international environmental law regime has taken the vast disparity between developed and developing countries into account in designing innovative methods to accommodate this disparity.

Answering the key question of whether there is an obligation for States to define and enact sound climate policies in order to avoid the impacts of global warming, this timely book provides expert analysis on recent global climate cases, assessing not only the plaintiffs' claims but also the legal reasoning put forward by the courts. As an increasing number of environmental organisations are requiring domestic courts to answer this fundamental question, this book illustrates that more and more court decisions are confirming that the discretion held by States with regards to the issue of climate change is not unlimited. The book explores how States must also demonstrate that sufficient action is being taken to protect their citizens from risks. With in-depth assessments of common legal grounds, such as the international climate change regime, environmental law principles and human rights, it further highlights potential issues for climate litigation including the separation of powers and the standing of the plaintiffs themselves. Addressing current and emerging issues, this timely book will be an excellent resource for scholars of environmental law, climate change and human rights. Environmental activists and organisations looking for examples of initiatives to tackle issues such as environmental protection and justice will find this informative and insightful.

This volume examines environmental law and governance in the Pacific, focusing on the emerging challenges this region faces. The Pacific is home to some of the world’s most astonishing biological and cultural diversity. At the same time, Pacific Island nations are economically and technically under-resourced in the face of tremendous environmental challenges. Destructive weather events, ocean acidification, mining, logging, overfishing, and pollution increasingly degrade ecosystems and affect fishing, farming, and other cultural practices of Pacific Islanders. Accordingly, there is an urgent need to understand and analyse the role of law and governance in responding to these pressures in the Pacific. Drawing on academic and practitioner expertise from the Pacific region, as well as Europe and the United States, this unique collection navigates the major environmental law and governance challenges of the present and future of the Pacific. Environmental Law and Governance in the Pacific discusses 21 Pacific Island countries and territories, including Cook Islands, Fiji, Papua New Guinea, Solomon Islands, Vanuatu, and Samoa, and a broad range of themes, such as deep-sea mining, wetlands and mangroves, heritage, endangered species, human rights, and access to justice, are addressed, thus providing a comprehensive and state-of-the-art overview of environmental law and governance within specific jurisdictions as well as across the Pacific region as a whole. This volume will be essential reading for students and scholars interested in environmental law and governance in the Pacific region, as well as policy-makers, practitioners and NGOs involved in the development and implementation of environmental law and policy.

In conceiving this manuscript, that explores the Evolution of International Environmental Law, Sustainability, and Justice," My impetus derives from the profound connection observed on the gravity and need to champion a greener legacy during my tenure as a legal practitioner and lecturer of law. The catalyst for this endeavor emanated from a genuine desire to document the intellectual discourses that transpired during the academic engagements with my students, particularly at Maasai Mara University located at the epicenter of The Great Mara Triangle an ecological marvel and the cornerstone of Kenya's renowned Wildebeest migration. The lamentable circumstances surrounding the destruction of the Mau forest and the vulnerable state of Kenya's indigenous communities in the wake of climate change have been instrumental in galvanizing my scholarly pursuits. This book, therefore, undertakes a meticulous reevaluation of international law, scrutinizing Kenya's alignment with the global community concerning the dynamic landscape of International Environmental Law. The book explores the relationship between the environment and the law, underscoring the critical imperative for environmental conservation. It examines the topography of international law, revealing its role as a steadfast guardian of our environment and examining its evolution, notably its impact on sustainable development. I have made an earnest endeavor to confront a pivotal theme - The concept of environmental justice. Specifically, delving into how legal frameworks can be transformative for marginalized communities, and how the intersectionality of environmental issues underscores the urgency of equitable solutions. The main theme of this book is an urgent call to action to seek a path towards harmony, where legal systems become catalysts for global environmental well-being, particularly championing the rights of impoverished communities and in this pursuit equitable justice, and a sustainable future for all.A central focus in this book is the critical role of public participation in shaping environmental policies. i have made an endeavor to explore case studies from around the world, illustrating the power of grassroots movements and citizen engagement in influencing legislative decisions. I have explored the intersection of law, governance, and public sentiment, emphasizing the need for a harmonious balance that reflects the diverse perspectives within society. Environmental impact assessment emerges as a pivotal tool in the book, I have dissected its significance in mitigating the consequences of human activities on ecosystems. Through detailed analyses of landmark projects and their environmental assessments, readers gain a profound understanding of the complexities involved in striking a balance between development and conservation. There is a chapter dedicated to chemical pollution and water pollution that unveils the hidden threats that jeopardize our ecosystems. It delves into the legal frameworks governing the use and disposal of hazardous chemicals, shedding light on the pressing need for stringent regulations. The exploration of water pollution takes readers on a global journey, uncovering the challenges faced by communities grappling with contaminated water sources and the legal remedies available to them. The heart of the book lies in its examination of international laws and conventions that transcend borders in addressing environmental issues. I have made an earnest effort to navigate the agreements, treaties, and accords designed to foster global cooperation in the face of climate change and ecological degradation. From the Kyoto Protocol to the Paris Agreement, readers gain insights into the evolution of international environmental governance as well as the disproportionate impact of climate change on vulnerable communities and advocates for a holistic approach that intertwines environmental sustainability with social responsibility.