Suchergebnisse

The numerous interconnections between the environment and human rights are well established internationally. It is understood that environmental issues such as pollution, deforestation or the misuse of resources can impact on individuals' and communities' enjoyment of fundamental rights, including the right to health, the right to an adequate standard of living, the right to self-determination and the right to life itself. These are rights which are guaranteed under international human rights law and in relation to which governments bear certain responsibilities. Further, environmental issues can also impact on governments' capacity to protect and fulfil the rights of their citizens. In this way human rights and environmental protection can be constructed as being mutually supportive. In addition to these links between the environment and human rights, human rights principles arguably offer a framework for identifying and addressing environmental injustice. The justice implications of environmental problems are well documented and there are many examples where pollution, deforestation or other degradation disproportionately impact upon poorer neighbourhoods or areas populated by minority groups. On the international level, environmental injustice exists between developed and developing States, as well as between present and future generations who will inherit the environmental problems we are creating today. This paper investigates the role of human rights principles, laws and mechanisms in addressing these instances of environmental injustice and argues that the framework of human rights norms provides an approach to environmental governance which can help to minimise injustice and promote the interests of those groups which are most adversely affected. Further, it suggests that the human rights enforcement mechanisms which exist at international law could be utilised to lend weight to claims for more equitable environmental policies.

The numerous interconnections between the environment and human rights are well established internationally. It is understood that environmental issues such as pollution, deforestation or the misuse of resources can impact on individuals' and communities' enjoyment of fundamental rights, including the right to health, the right to an adequate standard of living, the right to self-determination and the right to life itself. These are rights which are guaranteed under international human rights law and in relation to which governments bear certain responsibilities. Further, environmental issues can also impact on governments' capacity to protect and fulfil the rights of their citizens. In this way human rights and environmental protection can be constructed as being mutually supportive. In addition to these links between the environment and human rights, human rights principles arguably offer a framework for identifying and addressing environmental injustice. The justice implications of environmental problems are well documented and there are many examples where pollution, deforestation or other degradation disproportionately impact upon poorer neighbourhoods or areas populated by minority groups. On the international level, environmental injustice exists between developed and developing States, as well as between present and future generations who will inherit the environmental problems we are creating today. This paper investigates the role of human rights principles, laws and mechanisms in addressing these instances of environmental injustice and argues that the framework of human rights norms provides an approach to environmental governance which can help to minimise injustice and promote the interests of those groups which are most adversely affected. Further, it suggests that the human rights enforcement mechanisms which exist at international law could be utilised to lend weight to claims for more equitable environmental policies.

Environmental factors impact on the enjoyment of human rights in a number of ways. However, the exact nature of the relationship between the environment and human rights in international human rights law remains unsettled, most notably in relation to the concept of a human right to a good environment. While the idea of a substantive right to an environment of a particular quality has received considerable support, it has yet to be adopted in any international legal instrument and remains the subject of much debate. This thesis interrogates the concept of a right to a good environment from a variety of perspectives to provide a comprehensive analysis of its suitability for inclusion in international human rights law. Given that climate change represents the biggest environmental challenge to have faced the international community, the thesis considers whether the right to a good environment is capable of providing new approaches for addressing the human rights implications of climate change. This thesis analyses the theoretical, legal, practical and political implications of the right to a good environment. It considers the theoretical foundations of human rights to assess whether the right is justifiable. It is concluded that a 'good environment' cannot be linked to human dignity, autonomy or interests without relying on rights which are already protected under existing law, such as the rights to health, food and water. It concludes that, without an independent justification, legal recognition of the right would risk undermining the existing human rights framework. The thesis also considers existing human rights approaches to environmental protection and to climate change in particular to determine whether a new right offers any significant practical benefits which might otherwise justify its recognition. The transnational, cumulative and ongoing impacts of climate change create significant challenges for enforcing human rights and it is argued that these effects would be even more problematic in relation to the right to a good environment. Because international legal recognition of new human rights depends on having the support of States, the thesis considers the current attitudes of States towards environmental human rights and human rights approaches to climate change. States are currently reluctant to acknowledge that they owe human rights obligations with respect to climate change and it is argued that they would be particularly unwilling to accept obligations under a new right to a good environment. Without the support of States, there is little likelihood that the right to a good environment would be adopted into international human rights law. The thesis concludes that continued proposals to recognise the right to a good environment in international law should be abandoned. The various theoretical, legal, practical and political considerations examined in the thesis indicate that it is not possible to settle on a definition of the right which would be both practically useful and independently justifiable. Further attention should instead be directed to clarifying the application of existing human rights law to environmental degradation, including the impacts of climate change.

Chapter 1. The Problem -- Chapter 2. A Human Rights Based-approach to Elder Law -- Chapter 3. The Existing International Response to Protecting the Rights of Older People -- Chapter 4. Legal Capacity and Decision-making -- Chapter 5. Healthcare, Palliative Care and End of Life -- Chapter 6. Employment Rights -- Chapter 7. Financial Management, Retirement and Estate planning -- Chapter 8. Accommodation and Aged Care -- Chapter 9. Social and Cultural Rights of Older Persons -- Chapter 10. Conclusion and Future Directions.

This book explores the impacts of global economic, political and cultural shifts on various international legal frameworks and legal norms. The economic growth of states throughout Asia, South and Central America and Africa is having a profound effect on the dynamics of international relations, with a resulting impact on the operation and development of international law. This book examines the influence of emerging economies on international legal rules, institutions and processes. It describes recent and predicted changes in economic, political and cultural powers, flowing from the growth of emerging economies such as China, India, Brazil, South Africa and Russia, and analyses the influence of these changes on various legal frameworks and norms. Expert contributors drawn from a variety of fields, including international law, politics, environmental law, human rights, economics and finance, provide a broad analysis of the nature of the shifting global dynamic in its historical and contemporary contexts, and a range of perspectives on the impact of these changes as they relate to specific regimes and issues, including climate change regulation, collective security, indigenous rights, the rights of women and girls, environmental protection and foreign aid and development. The book provides a fresh and comprehensive analysis of an issue with extensive implications for international law and politics. Shifting Global Powers and International Law will be of interest to students and scholars of international relations; international law; international political economy, human rights; and development.