This timely book explores the complex relationship between the alleviation of poverty and the protection of the environment.
There is every reason to believe that these issues are in many ways interdependent. However this book demonstrates that there are situations where alleviation of poverty and the protection of the environment appear to be in a fraught relationship. The contributing authors illustrate that the role played by law in this relationship, whether at the international or national level, will vary depending on the situation and will be more successful at pursuing environmental justice in some cases than in others.
This interdisciplinary study will appeal to academics and students in environmental law and other environmental disciplines, environmental policy makers and NGOs interested in issues of poverty, environment and indigenous peoples.
Contributors: C.D. Aceves-Avila, D. Behn, K. Bubna-Litic, M.A. Cohen, E. Couzens, J.J. Gonzalez Marquez, S. Gruber, O.F. Jauregui, M. Kidd, Y. Le Bouthillier, P. Martin, A. Mumma, L.C. Paddock, C.G. Pring, G.W. Pring, S. Sabzwari, D.N. Scott, D. Shelton, S.L. Smith
Show moreThis timely book explores the complex relationship between the alleviation of poverty and the protection of the environment.
There is every reason to believe that these issues are in many ways interdependent. However this book demonstrates that there are situations where alleviation of poverty and the protection of the environment appear to be in a fraught relationship. The contributing authors illustrate that the role played by law in this relationship, whether at the international or national level, will vary depending on the situation and will be more successful at pursuing environmental justice in some cases than in others.
This interdisciplinary study will appeal to academics and students in environmental law and other environmental disciplines, environmental policy makers and NGOs interested in issues of poverty, environment and indigenous peoples.
Contributors: C.D. Aceves-Avila, D. Behn, K. Bubna-Litic, M.A. Cohen, E. Couzens, J.J. Gonzalez Marquez, S. Gruber, O.F. Jauregui, M. Kidd, Y. Le Bouthillier, P. Martin, A. Mumma, L.C. Paddock, C.G. Pring, G.W. Pring, S. Sabzwari, D.N. Scott, D. Shelton, S.L. Smith
Show moreContents:
1. Introduction
PART I: LINKAGES BETWEEN HUMAN RIGHTS, THE ENVIRONMENT AND
POVERTY
2. Using Law and Equity for the Poor and the Environment
Dinah Shelton
3. The Right of Access to Water in South Africa
Michael Kidd
PART II: ENVIRONMENTAL DEGRADATION AND POVERTY: WHAT IS AT STAKE
FOR ABORIGINAL PEOPLES?
4. Climate Change Impacts on the Poor – a Case-study of Australia’s
Indigenous Population and the Impact of Australia’s Response on
this Population
Karen Bubna-Litic
5. The Quest for Environmental Justice on a Canadian Aboriginal
Reserve
Sidra Sabzwari and Dayna Nadine Scott
6. Whaling and Dealing: Aboriginal Subsistence Whaling, Politics
and Poverty
Ed Couzens
PART III: THE NEED FOR PUBLIC PARTICIPATION IN ENVIRONMENTAL ISSUES
TO COMBAT POVERTY
7. The Role of Public Engagement in Achieving Environmental
Justice
LeRoy C. (Lee) Paddock
8. The Right of Access to Information as a Tool for Environmental
Protection and Poverty Eradication in Mexico
Carla D. Aceves-Ávila
PART IV: STATES’ APPROACHES TO ADDRESS ENVIRONMENTAL DEGRADATION
AND POVERTY
9. Embedding Social Justice in the Design of Environmental
Regulation
Paul Martin
10. Planning and Environment in Mexico City’s Metropolitan Zone:
Trying to Defeat Poverty
Miriam Alfie Cohen and Oscar Flores Jáuregui
PART V: THE ROLE OF ENVIRONMENTAL COURTS IN THE FIGHT AGAINST
POVERTY AND ENVIRONMENTAL DEGRADATION
11. The ‘Greening’ of Justice: Will it Help the Poor?
George W. (Rock) Pring and Catherine G. (Kitty) Pring
12. The Resolution of Urban Housing Development Disputes as a
Mechanism for Poverty Alleviation: A Case Study of Kenya’s National
Environment Tribunal
Albert Mumma
PART VI: GLOBAL CHALLENGES: INTERNATIONAL MECHANISMS TO ADDRESS
POVERTY AND ENVIRONMENTAL DEGRADATION
13. Linking Climate Change Mitigation and Poverty Reduction:
Continued Reform of the Clean Development Mechanism in the
Post-Kyoto Era to Promote Sustainable Energy Development on the
African Continent
Daniel Behn
14. Poverty and the Loss of Cultural Heritage Sites
Stefan Gruber
15. Chartering Sustainable Transnational Corporations
Susan Lea Smith
Index
Edited by Yves Le Bouthillier, Professor of Law, University of Ottawa, Canada, Miriam Alfie Cohen, Professor-Researcher, Universidad Autónoma Metropolitana, Cuajimalpa, Jose Juan Gonzalez Marquez, Professor of Law, Universidad Autónoma Metropolitana, Azcapotzalco, Mexico, Albert Mumma, Professor of Law, University of Nairobi, Kenya and Susan Smith, Professor of Law, College of Law, Willamette University, US
‘Poverty Alleviation and Environmental Law makes an important
contribution. . . taking as its subject the role that law can play
at the intersection of anti-poverty and conservation efforts. . .
the carefully researched and written chapters offer critical and
stimulating insights and detailed analysis of key issues and
challenges in this field. Furthermore, for almost every shortcoming
they identify, the contributors offer concrete recommendations for
developing the applicable laws and policies, making a convincing
case that these improvements are not only necessary, but also
feasible. The editors and authors are to be applauded for this
highly readable and informative addition to the existing
literature. . . This book is highly recommended to scholars and
policy-makers interested in environmental law and human rights, and
their intersections with poverty alleviation.’
*Paolo Galizzi, Journal of Human Rights and the Environment*
‘The alleviation of poverty and the protection of the environment
are both critical challenges for the vindication of basic human
rights for all of humankind. This relationship is however not
necessarily an easy one. While there is an inextricable link
between poverty and the degradation of the environment, a
sophisticated analysis of a problem needs to deal with those cases
where the need to increase economic opportunity for poor
communities may appear to conflict with fragile ecosystems or the
preservation of traditional practices. This collection provides the
most sustained engagement with these problems. Drawing on the
expertise of a range of distinguished authors, this book presents
the reader with an integrated global engagement with these
problems. In doing so, it represents a landmark effort towards the
creation of a coherent literature to deal with one of humankind’s
most pressing challenges.’
*Dennis Davis, Judge of the High Court, South Africa*
‘The complex, uneven and challenging relationships between poverty
alleviation and environmental regulation are impossible to trace in
a single book but this collection brings a carefully selected set
of policy-relevant, context-responsive, practical legal analyses to
bear in a fresh examination of the present and future challenges
involved. This is a timely contribution in the search for
regulatory responses that alleviate rather than exacerbate the
myriad forms of adaptation apartheid now so painfully evident in
the relationship between poverty, injustice and environmental
degradation.’
*Anna Grear, University of Waikato, New Zealand*
‘The subject of poverty cannot be ignored by environmentalists as
the poor are the most affected by the diverse impacts of
environmental degradation and climate change such as on water,
natural resources and cultural heritage sites. In addition, slum
dwellings exacerbate the plight of the poor. The book is a
collection of diverse topics by renowned environmental legal
experts which deal with the relationship between the alleviation of
poverty and the protection of the environment. Each writer
addresses the challenges raised in various issues and recommends
solutions which range from linking with human rights, the need for
public participation, the role of environmental courts and other
mechanisms.’
*Koh Kheng-Lian, National University of Singapore*
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