The Environmental Rights Revolution

by
Format: Paperback
Pub. Date: 2012-07-19
Publisher(s): Univ of British Columbia Pr
List Price: $39.85

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Summary

The right to a healthy environment has been the subject of extensive philosophical debates that revolve around a key question: Should rights to clean air, water, and soil be entrenched in law, in the constitutions of democratic states? InThe Environmental Rights Revolution,David Boyd, one of Canada's leading environmental lawyers, answers this question by moving beyond theoretical debate to measure the practical effects of enshrining the right to a healthy environment in constitutions. His analysis of 193 constitutions and the laws and court decisions of more than 100 nations shows how the constitutional right to a healthy environment has been incorporated in legislation and is being judicially enforced in Europe, Latin America, Asia, and Africa. Nations with constitutional protections have stronger environmental laws, enhanced enforcement, greater government accountability, and better access to justice, information, and public participation in decision making than nations without such provisions. As a result, they also have smaller ecological footprints, rank higher on comprehensive indices of environmental performance, and have reduced pollution faster. This important and timely book not only demonstrates that enshrining environmental protection into national constitutions has the power to make sustainability a priority, it tells inspiring stories about the difference the right to a healthy environment is making in people's lives. Dr. David R. Boydis one of Canada's leading experts in environmental law and policy and an adjunct professor in the School of Resource and Environmental Management at Simon Fraser University. He has advised the governments of Canada, Sweden, and Iceland on environmental and constitutional issues and is the co-chair of Vancouver's Greenest City Action Team along with Mayor Gregor Robertson. He is a member of the IUCN's Commission on Environmental Law, the Global Network for the Study of Human Rights and the Environment, the Forum for Leadership on Water, and the Environmental Law Alliance Worldwide (ELAW). David Boyd is the author of several bestselling and award-winning books as well as more than a hundred publications related to environmental law and policy, includingUnnatural Law: Rethinking Canadian Environmental Law and Policy. His current research focuses on the effects of enshrining environmental rights and responsibilities in national constitutions.

Author Biography

David R. Boyd is one of Canada's leading environmental lawyers and an adjunct professor in the School of Resource and Environmental Management at Simon Fraser University. He has advised the governments of Canada and Sweden on environmental issues and is the co-chair of Vancouver's Greenest City Action Team, along with Mayor Gregor Robertson.

Table of Contents

List of Tables and Figuresp. xi
Acknowledgmentsp. xv
List of Abbreviationsp. xvii
The Emergence and Evolution of a New Human Right
Constitutions, Human Rights, and the Environment: The Contextp. 3
The Right to a Healthy Environment: Framing the Issuesp. 20
The Prevalence and Enforceability of Environmental Provisions in National Constitutionsp. 45
The Influence of International Lawp. 78
The Constitutional Right to a Healthy Environment in Practice
A Framework for Assessing the Legal Influence of the Right to a Healthy Environmentp. 117
Latin American and the Caribbeanp. 124
Africap. 149
Asiap. 164
Eastern Europep. 193
Western Europep. 214
Evaluating the Impacts of Environmental Provisions in Constitutions
Lessons Learned: Practical Experiences with the Right to a Healthy Environmentp. 233
Do Environmental Provisions in Constitutions Influence Environmental Performance?p. 253
An Idea Whose Time Has Comep. 278
Appendices
Research Methodsp. 292
Online Database: All Current Environmental Provisions from National Constitutionsp. 299
Notesp. 300
Referencesp. 351
Indexp. 422
Table of Contents provided by Ingram. All Rights Reserved.

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