This book analyses over 20 years of rights-based litigation in the areas of climate change and plastic pollution in order to assess the value of rights in confronting and overcoming planetary crises.
We live in an age of planetary crises such as climate change, biodiversity loss, and plastic pollution, which take a huge toll on communities all around the world, endangering their fundamental interests. But can the lack of government action on these crises - or action that worsens them - amount to violations of human rights? Many courts are grappling with this question, as rights-based litigation becomes increasingly common. By focusing on climate change and plastic pollution as case studies, this book examines the viability of rights claims when confronting planetary crises in courts. From early attempts to pursue rights claims in response to planetary crises in the first decade of the 2000s to high-profile court wins in such cases in the 2010s and the spread of such cases across dozens of jurisdictions by the 2020s, rights claims in climate change and plastic pollution litigation have become a truly global phenomenon. Through a systematic and in-depth analysis of such litigation in more than thirty jurisdictions, this book identifies factors that determine the viability of rights claims when confronting planetary crises. It reveals that, even though not all litigation forums are equally favourable to such claims, human rights can indeed be successfully invoked in different types of legal action.
This book will be of considerable interest to policymakers and legal scholars and practitioners, as well as students, who work in or study environmental and climate change law, human rights law, constitutional law, and international and comparative law.
Rezensionen / Stimmen
"In this timely and essential new book, Samvel Varvastian brilliantly analyzes the transformative potential of using human rights, especially the right to a healthy environment, to address today's planetary crisis. Deep dives into the climate emergency and pervasive plastic pollution offer extensive insights, generating hope and urgency." Dr David R. Boyd, Former UN Special Rapporteur on the human right to healthy environment, Associate Professor of Law, Policy, and Sustainability, University of British Columbia, Canada.
"Sam Varvastian's masterful book is an essential resource for scholars, litigators and others interested in understanding the utility of burgeoning rights-based litigation to address existential planetary crises, such as climate change and plastic pollution. Covering more than 20 years of case law, and examples from over 30 jurisdictions-both in the Global South and the Global North-the work provides a balanced understanding of the viability of rights claims while also offering hope that they can make a difference to addressing planetary crises through a range of different legal avenues." Professor Jacqueline Peel, Professor of Law, Melbourne Law School, Director, Melbourne Climate Futures, The University of Melbourne, Australia.
"In explaining how advocates and courts around the world have developed rights-based approaches to global environmental crises, Sam Varvastian manages to be both nuanced and very engaging. This book is not only an excellent guide to the rapidly evolving jurisprudence; it also helps to illuminate possible paths forward." Professor John H. Knox, First UN Special Rapporteur on human rights and the environment, Henry C. Lauerman Professor of International Law, Wake Forest University School of Law, United States.
Reihe
Sprache
Verlagsort
Verlagsgruppe
Zielgruppe
Für höhere Schule und Studium
Postgraduate and Undergraduate
Maße
Höhe: 240 mm
Breite: 161 mm
Dicke: 17 mm
Gewicht
ISBN-13
978-1-032-56566-8 (9781032565668)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Samvel Varvastian is a Lecturer in Law at the School of Law and Politics, Cardiff University, UK.
1. Introduction 2. The age of planetary crises 3. Human rights mechanisms 4. Overarching environmental policies 5. Environmental standards and targets 6. Bans and restrictions 7. Environmental impact assessment 8. Thinking across time and space
