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Vol 21 No 11 Nov/Dec 2016

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A Global Environmental Right


ISBN13: 9780415811590
Published: August 2013
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £90.00



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The development of an international substantive environmental right has long been a contested issue. Concurrently, environmental rights have developed in a fragmented way and to a limited extent through different legal regimes.

This book examines the potential for the development of a global environmental right which would create legal duties for all decision-makers relating to the environment and provide the bedrock for a new system of international environmental governance. The book analyses not only traditional international environmental law and human rights law but also the development of corporate law, the development of the General Agreement on Tariffs and Trade (GATT) and the World Trade Organization (WTO).

It uses this basis to build an understanding of the wider international legal architecture and why that architecture often leads to poor outcomes for the environment. The book summarizes the state of scientific knowledge, as it is this, which drives the justification for legal reform. It also analyses existing systems that have developed within the practice of decision-making processes to demonstrate the role that they can play within new systems of environmental governance.

Taking a problem solving approach, the book seeks to demonstrate how straightforward and logical changes to the architecture would solve fundamental problems and argues for the development of a new environmental right that creates clear legal responsibilities for decision-makers, illustrating how governments and institutions would need to adjust to make the changes operative and successful.

This problem solving approach extends to the provision of a draft treaty annexed to the book. This innovative and interdisciplinary book is of great interest to students and researchers in international environmental law, environmental politics, environmental economics, and environmental management, as well as those studying more specifically the WTO, international trade law, human rights law, constitutional law and company law.

Subjects:
Human Rights and Civil Liberties, Environmental Law
Contents:
1. Introduction
2. The state of degradation of the planet's environment, the impact upon human rights and the current status of the development of environmental rights
3. The Global Legal Architecture and its effect on International Environmental Governance
4. A Global Environmental Right - Draft with Commentary
5. The Application of a Global Environmental Right to Climate Change
6. Conclusion