Pub Date : 2019-11-29DOI: 10.4337/9781784717469.00034
Felix Padel, Malvika Gupta
{"title":"Mining, development and environment in India","authors":"Felix Padel, Malvika Gupta","doi":"10.4337/9781784717469.00034","DOIUrl":"https://doi.org/10.4337/9781784717469.00034","url":null,"abstract":"","PeriodicalId":246322,"journal":{"name":"Research Handbook on Law, Environment and the Global South","volume":"211 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122365073","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-11-29DOI: 10.4337/9781784717469.00030
M. Kidd
{"title":"Realisation of the right to water: lessons from South Africa","authors":"M. Kidd","doi":"10.4337/9781784717469.00030","DOIUrl":"https://doi.org/10.4337/9781784717469.00030","url":null,"abstract":"","PeriodicalId":246322,"journal":{"name":"Research Handbook on Law, Environment and the Global South","volume":"131 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131501747","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-11-29DOI: 10.4337/9781784717469.00020
J. Razzaque
The mangroves of the Sundarbans, spanning between Bangladesh and India, are recognized as an internationally important World Heritage and Ramsar site. It supports a wide range of ecosystem services that sustain the livelihoods of local poor communities. In 2012, the Power Development Board of Bangladesh signed an agreement with the National Thermal Power Corporation of India to construct a coal power plant next to the Sundarbans, in Rampal sub-district of Bagerhat (Bangladesh), to generate 1320 MW of electricity. The Department of Environment of Bangladesh conditionally approved the project in 2013 based on an environmental impact assessment (EIA). This chapter assesses the legal basis to conduct the EIA in Bangladesh and argues that the EIA overlooked the vulnerable communities and the harmful social and environmental consequences of the project. This chapter explores environmental stewardship and participatory democracy as principles to improve the multiple mangrove ecosystem services of the Sundarbans.
{"title":"Environmental impact assessment in the context of mangrove forest ecosystem management in Bangladesh: a case study of Rampal coal power plant project","authors":"J. Razzaque","doi":"10.4337/9781784717469.00020","DOIUrl":"https://doi.org/10.4337/9781784717469.00020","url":null,"abstract":"The mangroves of the Sundarbans, spanning between Bangladesh and India, are recognized as an internationally important World Heritage and Ramsar site. It supports a wide range of ecosystem services that sustain the livelihoods of local poor communities. In 2012, the Power Development Board of Bangladesh signed an agreement with the National Thermal Power Corporation of India to construct a coal power plant next to the Sundarbans, in Rampal sub-district of Bagerhat (Bangladesh), to generate 1320 MW of electricity. The Department of Environment of Bangladesh conditionally approved the project in 2013 based on an environmental impact assessment (EIA). This chapter assesses the legal basis to conduct the EIA in Bangladesh and argues that the EIA overlooked the vulnerable communities and the harmful social and environmental consequences of the project. This chapter explores environmental stewardship and participatory democracy as principles to improve the multiple mangrove ecosystem services of the Sundarbans.","PeriodicalId":246322,"journal":{"name":"Research Handbook on Law, Environment and the Global South","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128468330","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-11-29DOI: 10.4337/9781784717469.00007
U. Baxi
In 1992, the Union of World Scientists (numbering 1500) issued a first ‘Warning to Humanity’ which stated that ‘great change in our stewardship of the Earth and the life on it is required, if vast human misery is to be avoided’. They called for stabilization of the world’s population, substantial reduction of greenhouse gas emissions, the phasing out of fossil fuels, reducing deforestation, and resisting destruction of biodiversity. On a recent silver jubilee of that warning, the same Union issued a second warning (signed by 150,000 scientists) summoning urgent action now.1
{"title":"Intergenerational justice, water rights, and climate change","authors":"U. Baxi","doi":"10.4337/9781784717469.00007","DOIUrl":"https://doi.org/10.4337/9781784717469.00007","url":null,"abstract":"In 1992, the Union of World Scientists (numbering 1500) issued a first ‘Warning to Humanity’ which stated that ‘great change in our stewardship of the Earth and the life on it is required, if vast human misery is to be avoided’. They called for stabilization of the world’s population, substantial reduction of greenhouse gas emissions, the phasing out of fossil fuels, reducing deforestation, and resisting destruction of biodiversity. On a recent silver jubilee of that warning, the same Union issued a second warning (signed by 150,000 scientists) summoning urgent action now.1","PeriodicalId":246322,"journal":{"name":"Research Handbook on Law, Environment and the Global South","volume":"71 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123367881","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-11-29DOI: 10.4337/9781784717469.00009
L. Lohmann
The chapter unfolds in several sections. The first briefly outlines the growth of the neoliberal state amid the crises faced by capital since the 1970s. The second spells out a few of the specifically legal innovations that have been a part of this evolution, including new regimes of trade, property, investment, rent, environmental governance and legitimized violence. As pressures have grown to reduce state and market to the “identical flat ontology of the neoclassical model of the economy”,2 the section argues, the legal landscape has been flattened too. For example, fines, fees and prices have been conflated in theory and practice and juridical traditions rooted in commons norms increasingly marginalized along with the interests of those who rely on them. New patterns of criminalization and decriminalization have also emerged, together with new understandings and legal treatments of corruption and noncorruption. Growing privatization, meanwhile, has gone hand in hand with an explosion in the volume of written law. This expansion originates in part in imperatives to centralize economic authority on a global scale and to increase the sophistication and opacity of legal trickery in an increasingly rent-based, parasitic, extractive economy, but also in incentives for scammers and reformers alike to resort to the formulation of more written rules to try to further their opposing interests. A third section attempts to make explicit how the development of neoliberal legal regimes and of neoliberal natures are of a piece. As an example, it sketches some of the ways in which neoliberal property, trade, civil and criminal law, as well as the neoliberal flattening of the legal landscape, constitute and are constituted not just by contemporary trends in “human” politics but also by a new global fire regime. A short conclusion then draws some of these threads together, suggesting that researchers and other activists need to make the alliances that will enable them to contend with the mutually-inseparable contradictions of neoliberal law and neoliberal nature together.
{"title":"Neoliberalism, law and nature","authors":"L. Lohmann","doi":"10.4337/9781784717469.00009","DOIUrl":"https://doi.org/10.4337/9781784717469.00009","url":null,"abstract":"The chapter unfolds in several sections. The first briefly outlines the growth of the neoliberal state amid the crises faced by capital since the 1970s. The second spells out a few of the specifically legal innovations that have been a part of this evolution, including new regimes of trade, property, investment, rent, environmental governance and legitimized violence. As pressures have grown to reduce state and market to the “identical flat ontology of the neoclassical model of the economy”,2 the section argues, the legal landscape has been flattened too. For example, fines, fees and prices have been conflated in theory and practice and juridical traditions rooted in commons norms increasingly marginalized along with the interests of those who rely on them. New patterns of criminalization and decriminalization have also emerged, together with new understandings and legal treatments of corruption and noncorruption. Growing privatization, meanwhile, has gone hand in hand with an explosion in the volume of written law. This expansion originates in part in imperatives to centralize economic authority on a global scale and to increase the sophistication and opacity of legal trickery in an increasingly rent-based, parasitic, extractive economy, but also in incentives for scammers and reformers alike to resort to the formulation of more written rules to try to further their opposing interests. A third section attempts to make explicit how the development of neoliberal legal regimes and of neoliberal natures are of a piece. As an example, it sketches some of the ways in which neoliberal property, trade, civil and criminal law, as well as the neoliberal flattening of the legal landscape, constitute and are constituted not just by contemporary trends in “human” politics but also by a new global fire regime. A short conclusion then draws some of these threads together, suggesting that researchers and other activists need to make the alliances that will enable them to contend with the mutually-inseparable contradictions of neoliberal law and neoliberal nature together.","PeriodicalId":246322,"journal":{"name":"Research Handbook on Law, Environment and the Global South","volume":"81 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131281039","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-11-29DOI: 10.4337/9781784717469.00027
T. Kaime
{"title":"International energy policy for development: human rights and sustainable development law imperatives","authors":"T. Kaime","doi":"10.4337/9781784717469.00027","DOIUrl":"https://doi.org/10.4337/9781784717469.00027","url":null,"abstract":"","PeriodicalId":246322,"journal":{"name":"Research Handbook on Law, Environment and the Global South","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131042451","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-11-29DOI: 10.4337/9781784717469.00018
Preeti Sampat
{"title":"Land-grabs and dispossession in India: laws of value","authors":"Preeti Sampat","doi":"10.4337/9781784717469.00018","DOIUrl":"https://doi.org/10.4337/9781784717469.00018","url":null,"abstract":"","PeriodicalId":246322,"journal":{"name":"Research Handbook on Law, Environment and the Global South","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124481272","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-11-29DOI: 10.4337/9781784717469.00025
C. Bijoy
{"title":"Conservation and livelihoods: conflicts or convergence?","authors":"C. Bijoy","doi":"10.4337/9781784717469.00025","DOIUrl":"https://doi.org/10.4337/9781784717469.00025","url":null,"abstract":"","PeriodicalId":246322,"journal":{"name":"Research Handbook on Law, Environment and the Global South","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128150659","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-11-29DOI: 10.4337/9781784717469.00032
L. Bhullar
{"title":"Wastewater reuse in irrigated agriculture in urban and peri-urban India: a farmers’ rights perspective","authors":"L. Bhullar","doi":"10.4337/9781784717469.00032","DOIUrl":"https://doi.org/10.4337/9781784717469.00032","url":null,"abstract":"","PeriodicalId":246322,"journal":{"name":"Research Handbook on Law, Environment and the Global South","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128997762","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-11-29DOI: 10.4337/9781784717469.00021
F. Lesniewska
{"title":"Forests, people and poverty: failing to reform the global development paradigm","authors":"F. Lesniewska","doi":"10.4337/9781784717469.00021","DOIUrl":"https://doi.org/10.4337/9781784717469.00021","url":null,"abstract":"","PeriodicalId":246322,"journal":{"name":"Research Handbook on Law, Environment and the Global South","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121474632","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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