The Environmental Rights Revolution

The right to a healthy environment has been the subject of extensive philosophical debates that revolve around the question: Should rights to clean air, water, and soil be entrenched in law? David Boyd answers this by moving beyond theoretical debates to measure the practical effects of enshrining the right in constitutions. His pioneering analysis of 193 constitutions and the laws and court decisions of more than 100 nations in Europe, Latin America, Asia, and Africa reveals a positive correlation between constitutional protection and stronger environmental laws, smaller ecological footprints, superior environmental performance, and improved quality of life.

An important and timely recipe for hope for humans and all forms of life Palila v Hawaii. New ZealandÕs Te Urewera Act. Sierra Club v Disney. These legal phrases hardly sound like the makings of a revolution, but beyond the headlines portending environmental catastrophes, a movement of immense import has been building Ñ in courtrooms, legislatures, and communities across the globe. Cultures and laws are transforming to provide a powerful new approach to protecting the planet and the species with whom we share it. Lawyers from California to New York are fighting to gain legal rights for chimpanzees and killer whales, and lawmakers are ending the era of keeping these intelligent animals in captivity. In Hawaii and India, judges have recognized that endangered species Ñ from birds to lions Ñ have the legal right to exist. Around the world, more and more laws are being passed recognizing that ecosystems Ñ rivers, forests, mountains, and more Ñ have legally enforceable rights. And if nature has rights, then humans have responsibilities. In The Rights of Nature, noted environmental lawyer David Boyd tells this remarkable story, which is, at its heart, one of humans as a species finally growing up. Read this book and your world view will be altered forever.

Canada has abundant natural wealth, beautiful landscapes, vast forests, and thousands of rivers and lakes. The land defines Canadians as a people, yet the country has one of the industrialized world's worst environmental records. Building on his previous book, The Environmental Rights Revolution (2012), David R. Boyd describes how recognizing the constitutional right to a healthy environment could have a transformative impact by empowering citizens, holding governments and industry accountable, and improving Canada's green record. This important and provocative book provides a road map to protect human health, the well-being of the planet, and the interests of future generations.

Over the past 40 years, countries throughout the world have similarly adopted human rights related to environmental governance and protection in national constitutions. Interestingly, these countries vary widely in terms of geography, politics, history, resources, and wealth. This raises the question: why do some countries have constitutional environmental rights while others do not? Bringing together theory from law, political science, and sociology, a global statistical analysis, and a comparative study of constitutional design in South Asia, Gellers presents a comprehensive response to this important question. Moving beyond normative debates and anecdotal developments in case law, as well as efforts to describe and categorize such rights around the world, this book provides a systematic analysis of the expansion of environmental rights using social science methods and theory. The resulting theoretical framework and empirical evidence offer new insights into how domestic and international factors interact during the constitution drafting process to produce new law that is both locally relevant and globally resonant. Scholars, practitioners, and students of law, political science, and sociology interested in understanding how institutions cope with complex problems like environmental degradation and human rights violations will find this book to be essential reading.

International law has evolved over the course of the twentieth century to protect human rights. But what are human rights? Does the term have the same meaning in a world being transformed by global warming and the effects of globalized trade? Are existing laws sufficient to ensure humanity's survival? Drawing on case law and practice and examples from philosophy, law, and ecology, Laura Westra argues that the current system is not adequate: international law privileges individual over collective rights, permitting multinational corporations to overlook the collectivity and the environment in their quest for wealth and power. Unless policy makers redefine human rights and reformulate environmental law and policies to protect the preconditions for life itself -- water, food, clean air, and biodiversity -- humankind, particularly indigenous peoples and local communities in the developing world, will face the complete loss of the ecological commons, the preservation of which is one of our most basic human rights. Westra not only assesses the limitations of law, she also proposes possible paths to an ecologically safer future, including a new kind of cosmopolitanism, one that has the United Nations as a focal point for a new international legal order. Laura Westra holds doctorates in both philosophy and jurisprudence, and has taught in the fields of philosophy, ethics, and environmental law at several US, Canadian, and Italian universities.

New York Times bestselling author and acclaimed presidential historian Douglas Brinkley chronicles the rise of environmental activism during the Long Sixties (1960-1973), telling the story of an indomitable generation that saved the natural world under the leadership of John F. Kennedy, Lyndon Johnson, and Richard Nixon. With the detonation of the Trinity explosion in the New Mexico desert in 1945, the United States took control of Earth’s destiny for the first time. After the Truman administration dropped atomic bombs on Japan to end World War II, a grim new epoch had arrived. During the early Cold War years, the federal government routinely detonated nuclear devices in the Nevada desert and the Marshall Islands. Not only was nuclear fallout a public health menace, but entire ecosystems were contaminated with radioactive materials. During the 1950s, an unprecedented postwar economic boom took hold, with America becoming the world’s leading hyperindustrial and military giant. But with this historic prosperity came a heavy cost: oceans began to die, wilderness vanished, the insecticide DDT poisoned ecosystems, wildlife perished, and chronic smog blighted major cities. In Silent Spring Revolution, Douglas Brinkley pays tribute to those who combated the mauling of the natural world in the Long Sixties: Rachel Carson (a marine biologist and author), David Brower (director of the Sierra Club), Barry Commoner (an environmental justice advocate), Coretta Scott King (an antinuclear activist), Stewart Udall (the secretary of the interior), William O. Douglas (Supreme Court justice), Cesar Chavez (a labor organizer), and other crusaders are profiled with verve and insight. Carson’s book Silent Spring, published in 1962, depicted how detrimental DDT was to living creatures. The exposé launched an ecological revolution that inspired such landmark legislation as the Wilderness Act (1964), the Clean Air Acts (1963 and 1970), and the Endangered Species Acts (1966, 1969, and 1973). In intimate detail, Brinkley extrapolates on such epic events as the Donora (Pennsylvania) smog incident, JFK’s Limited Nuclear Test Ban Treaty, Great Lakes preservation, the Santa Barbara oil spill, and the first Earth Day. With the United States grappling with climate change and resource exhaustion, Douglas Brinkley’s meticulously researched and deftly written Silent Spring Revolution reminds us that a new generation of twenty-first-century environmentalists can save the planet from ruin. Silent Spring Revolution features two 8-page color photo inserts.

This book shows why a fundamental right to an adequate environment ought to be provided in the constitution of any modern democratic state. It explains why the right to an environment adequate for one's health and well-being is a genuine human right and why it ought to be constitutionalised.

This book reconsiders the origins of the European human rights system, arguing that its conservative inventors, foremost among them Winston Churchill, conceived of the European Convention on Human Rights (ECHR) as a means of realizing a controversial political agenda and advancing a Christian vision of European identity.