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Veganism, dairy, and decolonization 素食主义、乳制品和去殖民化
IF 1.7 Q2 ENVIRONMENTAL STUDIES Pub Date : 2020-09-01 DOI: 10.4337/jhre.2020.02.05
Maneesha Deckha
Plant-based diets are often perceived as being antithetical to Indigenous interests in what is today colonially known as Canada. This perceived antithesis hinges on veganism's rejection of the consumption of animals. This apparent antithesis, however, is a misperception that a reframing of ethical veganism can help correct. This article argues that veganism's objection to dairy should be underscored as a central concern of ethical veganism. Such emphasis not only brings into view the substantial alignment between plant-based diets and Indigenous worldviews, but also highlights the related goals of decolonization and reconciliation in Canada.Veganism, in reality, rejects a practice (dairy farming) that was constitutive of settler colonialism in North America and which still promotes colonial familial ideologies while constructing Indigenous peoples and other non-Europeans (who disproportionately cannot tolerate lactose) as abnormal. Veganism – along with vegetarianism – shares the general respect for animals and interspecies relations (along with a concomitant disavowal of human exceptionalism) that many Indigenous legal orders in Canada promote. Yet, despite this shared disavowal of a principal colonial ideology, the tight correlation between hunting and Indigeneity on the one hand, and veganism and vegetarianism and an objection to killing animals on the other, makes veganism's contributions to decolonization and reconciliation difficult to see. By framing veganism as a critique of the dairy industry, however, the associations that veganism has with decolonizing ends are not clouded by these overpowering correlations, helping to bring into view even vegetarianism's contributions toward these ends.
在今天被殖民地称为加拿大的地方,植物性饮食通常被认为与土著人的利益背道而驰。这种明显的对立取决于素食主义对动物消费的拒绝。然而,这种明显的对立是一种误解,即重新定义道德素食主义有助于纠正这种错误。本文认为,素食主义者对乳制品的反对应该被强调为伦理素食主义的核心问题。这种强调不仅使人们看到了植物性饮食与土著世界观之间的实质性一致,而且突出了加拿大非殖民化与和解的相关目标,拒绝接受一种构成北美定居者殖民主义的做法(奶牛养殖),这种做法仍然宣扬殖民主义家庭意识形态,同时将土著人民和其他非欧洲人(他们不成比例地不能容忍乳糖)视为不正常。素食主义——与素食主义一样——与加拿大许多土著法律秩序所提倡的对动物和种间关系的普遍尊重(以及随之而来的对人类例外主义的否定)。然而,尽管人们共同否认了一种主要的殖民意识形态,但狩猎和愤怒与素食主义和素食主义以及反对杀害动物之间的紧密联系,使得素食主义对非殖民化和和解的贡献难以看到。然而,通过将素食主义定义为对乳制品行业的批判,素食主义与非殖民化目的之间的联系并没有被这些压倒性的相关性所掩盖,这有助于人们认识到素食主义对这些目的的贡献。
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引用次数: 4
Toward an ethics of decolonizing allyship in climate organizing: reflections on Extinction Rebellion Vancouver 气候组织中非殖民化联盟的伦理:对灭绝叛乱温哥华的反思
IF 1.7 Q2 ENVIRONMENTAL STUDIES Pub Date : 2020-08-05 DOI: 10.2139/ssrn.3667745
D. James, T. Mack
Since launching in the UK in 2018, Extinction Rebellion (XR) has become a global social movement that uses mass civil disobedience to pressure governments to take immediate action on the climate crisis. While XR has shifted the conversation on climate change, it has also been critiqued for its lack of attention to privilege and oppression, and for its ‘apolitical’ approach to climate organizing. In this article, we argue that XR must develop an intersectional approach in order to address the climate crisis. In particular, we reflect on our experiences as participants in XR-Vancouver, located on unceded Indigenous territory in the settler colonial state of Canada. Settler colonialism in Canada is intertwined with the climate and ecological crises, as Canada's status as a petrostate is built on the dispossession of Indigenous Peoples through a strategy of racial extractivism. To attend to these dynamics, we build on Kyle Powys Whyte's concept of ‘decolonizing allyship’ and suggest three ethics – of relational accountability, care, and incommensurability – that settler-led movements like XR can cultivate. We conclude by inviting XR to (re)engage with a ‘politics of refusal’ that subverts the state and allows XR to collectively enact what different systems (rooted in intersectional, decolonizing allyship) could look like.
自2018年在英国发起以来,“灭绝叛乱”(XR)已成为一场全球性的社会运动,它利用大规模的公民不服从向政府施压,要求政府立即采取行动应对气候危机。虽然XR改变了关于气候变化的话题,但它也因缺乏对特权和压迫的关注以及对气候组织的“非政治”方法而受到批评。在本文中,我们认为XR必须开发一种交叉方法来解决气候危机。特别是,我们反思了我们作为XR-Vancouver参与者的经验,该项目位于加拿大移民殖民州未割让的土著领土上。加拿大的移民殖民主义与气候和生态危机交织在一起,因为加拿大作为石油国家的地位是建立在通过种族榨取主义战略剥夺土著人民的基础上的。为了关注这些动态,我们以凯尔·鲍伊斯·怀特(Kyle Powys Whyte)的“去殖民化盟友关系”概念为基础,提出了三种伦理——关系责任、关怀和不可通约性——这是像XR这样的定居者领导的运动可以培养的。最后,我们邀请XR(重新)参与一种颠覆国家的“拒绝政治”,并允许XR共同制定不同的系统(植根于交叉的、非殖民化的盟友关系)。
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引用次数: 3
Book review: Hope Johnson, International Agricultural Law and Policy: A Rights-Based Approach to Food Security (New Horizons in Environmental and Energy Law, Edward Elgar, Cheltenham 2018) 202 pp. 书评:霍普·约翰逊,《国际农业法律和政策:以权利为基础的粮食安全方法》(《环境与能源法新视野》,爱德华·埃尔加,切尔滕纳姆,2018)202页。
IF 1.7 Q2 ENVIRONMENTAL STUDIES Pub Date : 2020-03-01 DOI: 10.4337/jhre.2020.01.06
J. Verschuuren
Book review of excellent monograph on the role of international law in achieving food security. The book aims to provide ‘the first systematic analysis of the international rules influencing food systems’. As such, the book is an important contribution to the still rather scarce legal literature on the topic of global food systems and their relationship to food security.
关于国际法在实现粮食安全中的作用的优秀专著的书评。这本书旨在提供“对影响粮食系统的国际规则的第一个系统分析”。因此,这本书是对全球粮食系统及其与粮食安全的关系这一主题仍然相当稀缺的法律文献的重要贡献。
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引用次数: 0
Contesting human rights and climate change at the UN Human Rights Council 联合国人权理事会对人权和气候变化的质疑
IF 1.7 Q2 ENVIRONMENTAL STUDIES Pub Date : 2020-03-01 DOI: 10.4337/jhre.2020.01.01
M. Voss
Climate change is one of the defining problems of our time. The relationship between climate change and human rights is receiving increased attention by stakeholders, including the UN and its primary human rights body, the Human Rights Council. Discussions on the relationship between climate change and human rights are hotly contested. This article is concerned with how states advocate for or against climate change and human rights at the Council. Participant observation on climate change resolutions from 2006 to 2019 through the UN's webTV archives are used to illustrate how states frame climate change.Although passed without a vote, significant contestation occurs over the content of each resolution. During explanations of the vote, Member States make some form of three claims – using one of three dominant framings. The first focuses on equity and development. The second frames the relationship between human rights and climate change: climate change is either constructed as a problem undermining human rights or as generating a responsibility for states to protect human rights when responding to it. The final argument's framing revolves around the mandate of the Council to discuss climate change as a human right. This article helps shed light on theories of norm contestation and on the strategies and frames used in advocating for the relationship between human rights and climate change and its construction – and significance – in the UN Human Rights Council.
气候变化是我们这个时代的决定性问题之一。气候变化与人权之间的关系越来越受到包括联合国及其主要人权机构人权理事会在内的利益攸关方的关注。关于气候变化与人权之间关系的讨论存在激烈争议。这篇文章关注的是各国如何在理事会上倡导或反对气候变化和人权。参与者通过联合国网络电视档案对2006年至2019年气候变化决议的观察被用来说明各国如何看待气候变化。尽管未经表决获得通过,但每项决议的内容都存在重大争议。在解释投票过程中,会员国提出了某种形式的三项主张——使用三种主要框架中的一种。第一个重点是公平与发展。第二个框架阐述了人权与气候变化之间的关系:气候变化要么被视为一个破坏人权的问题,要么被视为由国家在应对时保护人权的责任。最后一个论点的框架围绕着理事会将气候变化作为一项人权进行讨论的任务展开。这篇文章有助于阐明规范争论的理论,以及在联合国人权理事会倡导人权与气候变化之间的关系及其构建和意义时使用的策略和框架。
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引用次数: 1
Human rights vs. eco-justice: conflicts and other futures in urban open spaces in Cali, Colombia 人权与生态正义:哥伦比亚卡利城市开放空间的冲突与其他未来
IF 1.7 Q2 ENVIRONMENTAL STUDIES Pub Date : 2020-03-01 DOI: 10.4337/jhre.2020.01.03
S. Cárdenas, E. Angulo
This article offers a novel, grounded way of assessing the intense interaction between human rights and eco-justice in urban open spaces. Using three iconic parks in the city of Cali, Colombia, as its sites of investigation, the article explores how the anthropocentrism of human rights and the structural order that foregrounds them results in eco-justice aspirations being undermined by human rights – including as environmental rights – in these spaces. The article reflects on three negative consequences of the tensions marking the relationships between human rights and eco-justice in Cali: defaunation; a proliferation of ‘urban heat islands’; and increased local pollution.
本文提供了一种新颖、有根据的方法来评估城市开放空间中人权与生态正义之间的激烈互动。文章以哥伦比亚卡利市的三个标志性公园为调查地点,探讨了人权的人类中心主义和作为人权基础的结构秩序如何导致生态正义愿望在这些空间受到人权(包括环境权利)的破坏。文章反思了卡利人权与生态正义关系紧张的三个负面后果:污损;“城市热岛”的泛滥;并增加了当地的污染。
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引用次数: 0
Climate change and displacement: protecting ‘climate refugees’ within a framework of justice and human rights 气候变化和流离失所:在正义和人权的框架内保护“气候难民”
IF 1.7 Q2 ENVIRONMENTAL STUDIES Pub Date : 2020-03-01 DOI: 10.4337/jhre.2020.01.04
S. Atapattu
One of the far-reaching consequences of climate change relates to the forced displacement of people. Climate-induced migration is a very complex issue. The New York Declaration for Refugees and Migrants noted the varied reasons for migration as being armed conflict, poverty, food insecurity, persecution, terrorism, human rights violations, climate change and natural disasters. Despite the recognition in the very first IPCC report in 1990 that the greatest single impact of climate change could be on human migration, it took climate negotiators over two decades to include displacement in climate documents. This article discusses complexity, scale and displacement scenarios, paying particular attention to the plight of small island states and to the climateconflict-displacement nexus. It analyses the legal regime applicable to political refugees under international law and the current legal lacuna with regard to climate refugees. It surveys recent developments including the Global Compact on Migration, and the Task Force on Climate Displacement. This article argues that while current human rights law provides some protection, it is insufficient, and that the international community should take urgent action to design a legal regime to protect the rights of climate displacees. This is especially true of inhabitants of small island states who will be forced to move because their states are ‘disappearing’. The article argues that major emitters owe a legal duty to help climate displacees and especially the inhabitants of small island states.
气候变化的一个深远后果是人们被迫流离失所。气候引发的移民是一个非常复杂的问题。《关于难民和移民的纽约宣言》指出,移民的各种原因包括武装冲突、贫困、粮食不安全、迫害、恐怖主义、侵犯人权、气候变化和自然灾害。尽管IPCC在1990年的第一份报告中承认,气候变化的最大单一影响可能是对人类移民的影响,但气候谈判代表花了20多年的时间才将流离失所问题纳入气候文件。本文讨论了复杂性、规模和流离失所情况,特别关注小岛屿国家的困境和气候冲突与流离失所的关系。它分析了国际法下适用于政治难民的法律制度以及目前气候难民方面的法律空白。它调查了最近的事态发展,包括《全球移民契约》和气候流离失所问题工作队。这篇文章认为,虽然目前的人权法提供了一些保护,但这是不够的,国际社会应该采取紧急行动,制定一个法律制度来保护气候流离失所者的权利。小岛屿国家的居民尤其如此,他们将被迫迁移,因为他们的国家正在“消失”。文章认为,主要排放国有法律义务帮助气候变化,尤其是小岛屿国家的居民。
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引用次数: 14
Editorial: Frames and contestations: environment, climate change and the construction of in/justice 社论:框架与争论:环境、气候变化与正义的构建
IF 1.7 Q2 ENVIRONMENTAL STUDIES Pub Date : 2020-03-01 DOI: 10.4337/jhre.2020.01.00
Anna Grear, J. Dehm
Framesmatter. They bring into view, interpret and – in a significant sense materialize – bring into mattering – a set of assumptions, interpretations and practices of circumscription that shape (and interact with), as Gitlin puts it, ‘what exists, what happens and what matters’. Moreover, frames matter for law. They determine the conditions under which problems are apprehended by law, and thus can influence the assertion of authority, jurisdiction and institutional responsibility over particular issues. Frames are central to this issue of the Journal of Human Rights and the Environment, their significance is apparent, overtly or tacitly, in each contribution. The frames discernible in the contributions are dynamic, emergent, and contested by counter-frames. It is clear that frames can take hegemonic and counter-hegemonic positions depending on their location in the emergent energies and contestations at stake in the field in which they function as shape-givers. Frames signal intensities of both focus and of action/inaction, and it seems clear that every framing inevitably involves selection, if not pre-selection – and in that, represents an exercise of power. Contestation, between frames, between the ideological commitments that can underwrite them, between communities and movements both semiotic and material, are also present in this issue. Contestation perhaps inevitably underwrites key contemporary tensions surrounding the dense entanglements between humans and non-humans and convergent and divergent forces, energies and futures in the climate-pressed posthuman ecology of the Anthropocene. In ‘Contesting human rights and climate change at the UN Human Rights Council’, M Joel Voss is explicit about the centrality and power of framing – and of contestation – in his analysis. The context for Voss’s analysis is provided by discussions concerning the relationship between human rights and climate change at the UN Human Rights Council. Noting how hotly contested the issues are and how fraught the discussions become, Voss conducted participant observation of climate change resolutions at the Council between 2006 and 2019 in order to expose the rival framings of climate change enlivened in the discourses of state participants. Drawing on Payne’s work on framing, persuasion and norm-contestation, Voss conceptualizes frames in a way that implies, to our mind, their operation as modes of organizing power: they provide, after all, ‘a singular interpretation of a particular
Framesmatter。正如吉特林所说,它们将“存在的、发生的和重要的事情”带入人们的视野、解释,并在某种意义上物质化,将一系列的假设、解释和限制实践带入重要的领域。此外,框架对法律很重要。它们决定法律处理问题的条件,因此可以影响对特定问题的权威、管辖权和机构责任的主张。框架是本期《人权与环境杂志》的核心,它们的重要性在每一篇文章中都是明显的、公开的或隐性的。在贡献中可识别的框架是动态的,紧急的,并受到反框架的竞争。很明显,框架可以采取霸权和反霸权的立场,这取决于它们在新兴能量和利害攸关的争论中的位置,在这些领域中,框架作为形状给予者发挥作用。框架表明了焦点和行动/不作为的强度,似乎很明显,每个框架都不可避免地涉及选择,如果不是预选的话——在这种情况下,代表了权力的行使。在框架之间,在可以支持框架的意识形态承诺之间,在符号学和物质的社区和运动之间,也存在于这个问题中。争论也许不可避免地掩盖了围绕人类与非人类之间的密集纠缠,以及人类世气候压力下的后人类生态中趋同与分化的力量、能量和未来的关键当代紧张局势。在《在联合国人权理事会辩论人权和气候变化》一文中,乔尔·沃斯先生明确指出了在他的分析中框架和辩论的中心地位和力量。沃斯分析的背景是联合国人权理事会关于人权与气候变化之间关系的讨论。沃斯注意到这些问题的争议有多么激烈,讨论变得多么令人担忧,他在2006年至2019年期间对安理会的气候变化决议进行了参与性观察,以揭露各国参与者话语中活跃的气候变化对立框架。借鉴佩恩在框架、说服和规范争论方面的工作,沃斯将框架概念化,在我们看来,框架的运作方式是组织力量的模式:毕竟,它们提供了“对特定事物的单一解释”
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引用次数: 3
Book review: James R May and Erin Daly (eds), Human Rights and the Environment: Legality, Indivisibility, Dignity and Geography (Edward Elgar, Cheltenham 2019) 585 pp. 书评:詹姆斯R梅和艾琳戴利(编),人权与环境:合法性,不可分割性,尊严和地理(爱德华埃尔加,切尔滕纳姆2019)585页。
IF 1.7 Q2 ENVIRONMENTAL STUDIES Pub Date : 2020-03-01 DOI: 10.4337/jhre.2020.01.07
Áine Ryall
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引用次数: 0
Climate change denial as far-right politics: How abandonment of scientific method paved the way for Trump 否认气候变化是极右翼政治:放弃科学方法是如何为特朗普铺平道路的
IF 1.7 Q2 ENVIRONMENTAL STUDIES Pub Date : 2020-03-01 DOI: 10.4337/jhre.2020.01.02
G. Byrne
In this article I show that the form of argument put forward by the climate change denial movement in the United States (US) closely resembles that used in Nazi Germany with regard to Nazi racial definitions. Each involves a rejection of scientific method. This rejection inherently lends itself to far-right politics, which is a philosophy of prejudice. The prevalence of such a philosophy in contemporary American political culture, exemplified through climate change denial, has arguably opened the door for a president of Trump's type. Nevertheless, the US Constitution is far more difficult to suspend than that of the Weimar Republic. As a result, US institutional safeguards against a philosophy of prejudice are likely to hold against a short-term assault on environmental justice in a way that the Weimar Republic's constitutional order did not against Nazism's assault on civil rights. The greater threat to environmental protection in the contemporary US situation is the slow erosion of democratic norms by the Trump administration.
在本文中,我展示了美国否认气候变化运动提出的论点形式与纳粹德国在纳粹种族定义方面使用的论点形式非常相似。每一种都涉及对科学方法的拒绝。这种拒绝本身就会导致极右政治,这是一种偏见哲学。这种哲学在当代美国政治文化中的盛行,以否认气候变化为例,可以说为特朗普这种类型的总统打开了大门。然而,美国宪法比魏玛共和国的宪法要难得多。因此,美国针对偏见哲学的制度性保障措施,很可能能够抵御对环境正义的短期攻击,就像魏玛共和国(Weimar Republic)的宪法秩序未能抵御纳粹主义对公民权利的攻击一样。当前美国环境保护面临的更大威胁是特朗普政府对民主规范的缓慢侵蚀。
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引用次数: 5
The swarm that we already are: artificially intelligent (AI) swarming ‘insect drones’, targeting and international humanitarian law in a posthuman ecology 我们已经是蜂群:人工智能(AI)蜂群的“昆虫无人机”,目标和国际人道主义法在后人类生态中
IF 1.7 Q2 ENVIRONMENTAL STUDIES Pub Date : 2020-03-01 DOI: 10.4337/jhre.2020.01.05
M. Arvidsson
Over the last fifty-odd years the US Defense Advanced Research Project Agency (DARPA) has launched programs aiming at emulating and incorporating insect technologies in military technology. The US Army Unmanned Aircrafts Systems Roadmap 2010–2035 has specified insect swarming as a field of development for Unmanned Aviation Systems. While legal scholarship has paid substantial attention to drones, autonomous weapons systems and artificial intelligence (AI), developments based on insect swarming technologies have been largely ignored. This article takes emerging AI swarming technologies in military warfare systems as its starting point and asks about the significance of the swarming insect in and through contemporary International Humanitarian Law (IHL) and warfare. Taking up Gilles Deleuze and Félix Guattari's notions of ‘the swarm’ and the ‘war machine’, and drawing on critical environmental legal scholarship, the article argues that rather than dispersing the human from its central position in the ‘targeting loop’, the increased interest in insects for commercial and warfare purposes is an intensification of transhumanist desires and an acceleration of late capitalism. As a counter-move, and as a contribution to a posthumanist turn in IHL, the article calls for becoming-insect, swarm and minoritarian as an epistemological practice and ontological shift in IHL and its critical scholarship, resulting in a posthumanitarian legal ordering of becoming.
在过去的50多年里,美国国防高级研究计划局(DARPA)启动了旨在模仿昆虫技术并将其纳入军事技术的项目。美国陆军无人机系统路线图2010-2035已将昆虫群指定为无人航空系统的发展领域。虽然法律学术界对无人机、自主武器系统和人工智能(AI)给予了大量关注,但基于昆虫群技术的发展在很大程度上被忽视了。本文以军事战争系统中新兴的人工智能蜂群技术为出发点,探讨了蜂群昆虫在当代国际人道法和战争中的意义。这篇文章采纳了Gilles Deleuze和f lix Guattari关于“蜂群”和“战争机器”的概念,并借鉴了关键的环境法律学术,认为人类并没有从“目标循环”的中心位置上分散开来,而是出于商业和战争目的对昆虫的兴趣日益增加,这是超人类主义欲望的加剧和晚期资本主义的加速。作为对国际人道法后人道主义转向的反制举措和贡献,本文呼吁将昆虫、蜂群和少数主义作为国际人道法及其批判性学术的认识论实践和本体论转变,从而形成一种后人道主义的“成为”法律秩序。
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引用次数: 3
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Journal of Human Rights and the Environment
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