{"title":"Book review: Silver Donald Cameron, Warrior Lawyers: From Manila to Manhattan: Attorneys for the Earth (Paper Tiger Enterprises Ltd, Halifax NS 2016) 338 pp.","authors":"S. Adelman","doi":"10.4337/jhre.2021.02.07","DOIUrl":"https://doi.org/10.4337/jhre.2021.02.07","url":null,"abstract":"","PeriodicalId":43831,"journal":{"name":"Journal of Human Rights and the Environment","volume":" ","pages":""},"PeriodicalIF":1.7,"publicationDate":"2021-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44997594","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}
{"title":"Book review: Dina Lupin Townsend, Human Dignity and the Adjudication of Environmental Rights (Edward Elgar, Cheltenham 2020) 304 pp.","authors":"Hannah Blitzer","doi":"10.4337/jhre.2021.02.06","DOIUrl":"https://doi.org/10.4337/jhre.2021.02.06","url":null,"abstract":"","PeriodicalId":43831,"journal":{"name":"Journal of Human Rights and the Environment","volume":" ","pages":""},"PeriodicalIF":1.7,"publicationDate":"2021-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45564789","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}
Endless economic growth on a finite planet is impossible. This is the premise behind the degrowth movement. Despite this sound rationale, the degrowth movement has struggled to gain political acceptability. We have sought to understand this limited uptake of degrowth discourse in the English-speaking world by interviewing Canadian activists. Activists have a proximity to the political realm – both with its barriers and openings – that scholars working primarily in academic institutions sometimes lack. Our interviews reveal that class interests – particularly those of fossil fuel companies – are a substantial barrier to realizing degrowth goals. Interviewees highlighted the importance of centring class-conscious environmentalism, ‘anti-purity’ politics, and decolonization as essential parts of a degrowth agenda capable of overcoming these class interests. We conclude by unpacking how the Green New Deal – a discourse and movement that gained considerable traction after we completed our interviews – addresses the obstacles shared by our interviewees, thus making it a promising ‘non-reformist reform’ for the degrowth movement to pursue.
在一个有限的星球上无止境的经济增长是不可能的。这是反增长运动背后的前提。尽管有这种合理的理由，但反增长运动一直在努力获得政治上的认可。我们通过采访加拿大活动家，试图理解英语世界对去生长话语的有限吸收。活动人士接近政治领域——既有障碍，也有开放——这是主要在学术机构工作的学者有时所缺乏的。我们的采访显示，阶级利益——尤其是化石燃料公司的利益——是实现去增长目标的一个重大障碍。受访者强调了将有阶级意识的环保主义、“反纯洁性”政治和非殖民化作为能够克服这些阶级利益的去增长议程的重要组成部分的重要性。在我们完成采访后，绿色新政(Green New Deal)这一话语和运动获得了相当大的牵引力)解决了受访者共同面临的障碍，从而使其成为反增长运动所追求的有希望的“非改革主义改革”。
{"title":"Degrowth, political acceptability and the Green New Deal","authors":"Claire O'Manique, J. Rowe, K. Shaw","doi":"10.4337/JHRE.2021.0001","DOIUrl":"https://doi.org/10.4337/JHRE.2021.0001","url":null,"abstract":"Endless economic growth on a finite planet is impossible. This is the premise behind the degrowth movement. Despite this sound rationale, the degrowth movement has struggled to gain political acceptability. We have sought to understand this limited uptake of degrowth discourse in the English-speaking world by interviewing Canadian activists. Activists have a proximity to the political realm – both with its barriers and openings – that scholars working primarily in academic institutions sometimes lack. Our interviews reveal that class interests – particularly those of fossil fuel companies – are a substantial barrier to realizing degrowth goals. Interviewees highlighted the importance of centring class-conscious environmentalism, ‘anti-purity’ politics, and decolonization as essential parts of a degrowth agenda capable of overcoming these class interests. We conclude by unpacking how the Green New Deal – a discourse and movement that gained considerable traction after we completed our interviews – addresses the obstacles shared by our interviewees, thus making it a promising ‘non-reformist reform’ for the degrowth movement to pursue.","PeriodicalId":43831,"journal":{"name":"Journal of Human Rights and the Environment","volume":"1 1","pages":"1-23"},"PeriodicalIF":1.7,"publicationDate":"2021-04-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48873596","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}
The state of our environment is continuously deteriorating, and the frame of the ‘Anthropocene’ calls for transformative laws that respond to the current socio-ecological crisis. Since environmental diplomacy has signally failed to respond to current challenges, courts are being confronted with crucial questions that fundamentally address whether existing legal tools are sufficient to ensure human survival. In 2017, the Inter-American Court of Human Rights issued a landmark Advisory Opinion that goes some way towards answering this question. The Advisory Opinion recognized extraterritorial jurisdiction for transboundary environmental harm; the autonomous right to a healthy environment; and State responsibility for environmental damage within and beyond the State's borders. This article analyzes the legal arguments constructed by the Court, assessing whether, and how, the Opinion changes paradigms of international environmental law.
{"title":"The 2017 Inter-American Court's Advisory Opinion: changing the paradigm for international environmental law in the Anthropocene","authors":"Maria Antonia Tigre, Natalia Urzola","doi":"10.4337/JHRE.2021.01.02","DOIUrl":"https://doi.org/10.4337/JHRE.2021.01.02","url":null,"abstract":"The state of our environment is continuously deteriorating, and the frame of the ‘Anthropocene’ calls for transformative laws that respond to the current socio-ecological crisis. Since environmental diplomacy has signally failed to respond to current challenges, courts are being confronted with crucial questions that fundamentally address whether existing legal tools are sufficient to ensure human survival. In 2017, the Inter-American Court of Human Rights issued a landmark Advisory Opinion that goes some way towards answering this question. The Advisory Opinion recognized extraterritorial jurisdiction for transboundary environmental harm; the autonomous right to a healthy environment; and State responsibility for environmental damage within and beyond the State's borders. This article analyzes the legal arguments constructed by the Court, assessing whether, and how, the Opinion changes paradigms of international environmental law.","PeriodicalId":43831,"journal":{"name":"Journal of Human Rights and the Environment","volume":"12 1","pages":"24-50"},"PeriodicalIF":1.7,"publicationDate":"2021-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45851205","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}
{"title":"Editorial: Painful excavations: extractivism, dispossession, rights and resistance","authors":"Anna Grear","doi":"10.4337/JHRE.2021.01.00","DOIUrl":"https://doi.org/10.4337/JHRE.2021.01.00","url":null,"abstract":"","PeriodicalId":43831,"journal":{"name":"Journal of Human Rights and the Environment","volume":"12 1","pages":"1-4"},"PeriodicalIF":1.7,"publicationDate":"2021-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47537581","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}
{"title":"Book review: Kinnari I Bhatt, Concessionaires, Financiers and Communities: Implementing Indigenous Peoples’ Rights to Land in Transnational Development (Cambridge University Press, Cambridge 2020) 222 pp.","authors":"P. Zangeneh","doi":"10.4337/JHRE.2021.01.09","DOIUrl":"https://doi.org/10.4337/JHRE.2021.01.09","url":null,"abstract":"","PeriodicalId":43831,"journal":{"name":"Journal of Human Rights and the Environment","volume":"12 1","pages":"133-137"},"PeriodicalIF":1.7,"publicationDate":"2021-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47823907","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}
This article outlines the environmental disaster that was phosphate mining on Banaba – or Ocean Island, as it was known to outsiders. The article tracks the tactics used by what became the BPC (British Phosphate Commissioners) in extracting phosphate from the island, resulting in the removal of 90 per cent of its soil and simultaneously alienating Banabans from their land, livelihoods and culture. This process took place over 80 years, finally ending in 1981. In the course of this extraction, Banabans were removed from what was fast becoming an uninhabitable environment in 1945, when they began life on the Fijian island of Rabi. This article reflects on the ongoing legacy of bitterness and grief experienced by Banabans, together with their attempts at obtaining restitution from the Company and the governments it represented. In this context, the art installation Project Banaba (2017; 2019) by Katerina Teaiwa is considered as a response to these histories. The article concludes with an examination of the literature that considers the removal of Banabans as a test case for climate-induced migration, noting that the singularity of the Banaban experience is not likely to be repeated, while also acknowledging the ongoing legacy of loss and grief for Banabans.
{"title":"Flight of the frigate bird: Ocean Island, phosphate mining and Project Banaba","authors":"M. Treagus","doi":"10.4337/JHRE.2021.01.08","DOIUrl":"https://doi.org/10.4337/JHRE.2021.01.08","url":null,"abstract":"This article outlines the environmental disaster that was phosphate mining on Banaba – or Ocean Island, as it was known to outsiders. The article tracks the tactics used by what became the BPC (British Phosphate Commissioners) in extracting phosphate from the island, resulting in the removal of 90 per cent of its soil and simultaneously alienating Banabans from their land, livelihoods and culture. This process took place over 80 years, finally ending in 1981. In the course of this extraction, Banabans were removed from what was fast becoming an uninhabitable environment in 1945, when they began life on the Fijian island of Rabi. This article reflects on the ongoing legacy of bitterness and grief experienced by Banabans, together with their attempts at obtaining restitution from the Company and the governments it represented. In this context, the art installation Project Banaba (2017; 2019) by Katerina Teaiwa is considered as a response to these histories. The article concludes with an examination of the literature that considers the removal of Banabans as a test case for climate-induced migration, noting that the singularity of the Banaban experience is not likely to be repeated, while also acknowledging the ongoing legacy of loss and grief for Banabans.","PeriodicalId":43831,"journal":{"name":"Journal of Human Rights and the Environment","volume":" ","pages":""},"PeriodicalIF":1.7,"publicationDate":"2021-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43242491","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}
{"title":"Book review: Erin O'Donnell, Legal Rights for Rivers: Competition, Collaboration and Water Governance (Routledge, Abingdon 2019) 202 pp.","authors":"M. Good","doi":"10.4337/JHRE.2021.01.10","DOIUrl":"https://doi.org/10.4337/JHRE.2021.01.10","url":null,"abstract":"","PeriodicalId":43831,"journal":{"name":"Journal of Human Rights and the Environment","volume":"12 1","pages":"138-141"},"PeriodicalIF":1.7,"publicationDate":"2021-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43952045","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}
Despite the fact that Ecuador has arguably the most biocentric constitution in the world, deepening national investment in extractive development projects has left communities on the frontlines of these projects desperate for greater participation in decision-making processes currently monopolized by centralized ministries. The result has been a flourishing over the past two years of sub-national judicial and non-judicial challenges to strategic mining projects. Integral to these challenges is the constitutional language of rights for nature (Articles 71–4). Drawing on ethnographic research around the Río Blanco gold and silver mine in the southern highland province of Azuay, this article explores the diverse and surprising ways in which these environmental rights are being taken up as part of fundamental challenges to the decision-making monopolies of the Ministries of the Environment and of Mining. While numerous scholars of human and indigenous rights have recently lamented the fact that ‘rights-talk’ often appears unable to arrest or destabilize extractive imperatives, the case of Río Blanco suggests that, when embraced as part of wider social struggles for representation, rights-based approaches might be more potent than is currently being recognized. They may even encourage an important reorientation of some of the binaries that continue to preoccupy critical scholars of development.
{"title":"Distribution without representation? Beyond the rights of nature in the southern Ecuadorian highlands","authors":"Erin Fitz-Henry","doi":"10.4337/JHRE.2021.01.01","DOIUrl":"https://doi.org/10.4337/JHRE.2021.01.01","url":null,"abstract":"Despite the fact that Ecuador has arguably the most biocentric constitution in the world, deepening national investment in extractive development projects has left communities on the frontlines of these projects desperate for greater participation in decision-making processes currently monopolized by centralized ministries. The result has been a flourishing over the past two years of sub-national judicial and non-judicial challenges to strategic mining projects. Integral to these challenges is the constitutional language of rights for nature (Articles 71–4). Drawing on ethnographic research around the Río Blanco gold and silver mine in the southern highland province of Azuay, this article explores the diverse and surprising ways in which these environmental rights are being taken up as part of fundamental challenges to the decision-making monopolies of the Ministries of the Environment and of Mining. While numerous scholars of human and indigenous rights have recently lamented the fact that ‘rights-talk’ often appears unable to arrest or destabilize extractive imperatives, the case of Río Blanco suggests that, when embraced as part of wider social struggles for representation, rights-based approaches might be more potent than is currently being recognized. They may even encourage an important reorientation of some of the binaries that continue to preoccupy critical scholars of development.","PeriodicalId":43831,"journal":{"name":"Journal of Human Rights and the Environment","volume":"12 1","pages":"5-23"},"PeriodicalIF":1.7,"publicationDate":"2021-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49227543","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}
{"title":"Still Lives: a beautiful science","authors":"L. Harrop, Jana Norman","doi":"10.4337/JHRE.2021.01.04","DOIUrl":"https://doi.org/10.4337/JHRE.2021.01.04","url":null,"abstract":"","PeriodicalId":43831,"journal":{"name":"Journal of Human Rights and the Environment","volume":"12 1","pages":"69-69"},"PeriodicalIF":1.7,"publicationDate":"2021-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41830780","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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