Date: 2022
Type: Book
When environmental protection and human rights collide : the politics of conflict management by regional courts
Cambridge ; New York ; Melbourne : Cambridge University Press, 2022, Cambridge studies in international and comparative law
PETERSMANN, Marie-Catherine, When environmental protection and human rights collide : the politics of conflict management by regional courts, Cambridge ; New York ; Melbourne : Cambridge University Press, 2022, Cambridge studies in international and comparative law
- https://hdl.handle.net/1814/74974
Retrieved from Cadmus, EUI Research Repository
Conflicts between environmental protection laws and human rights present delicate trade-offs when concerns for social and ecological justice are increasingly intertwined. This book retraces how the legal ordering of environmental protection evolved over time and progressively merged with human rights concerns, thereby leading to a synergistic framing of their relation. It explores the world-making effects this framing performed by establishing how 'humans' ought to relate to 'nature', and examines the role played by legislators, experts and adjudicators in (re)producing it. While it questions, contextualises and problematises how and why this dominant framing was construed, it also reveals how the conflicts that underpin this relationship – and the victims they affect – mainly remained unseen. The analysis critically evaluates the argumentative tropes and adjudicative strategies used in the environmental case-law of regional courts to understand how these conflicts are judicially mediated, thereby opening space for new modes of politics, legal imagination and representation.
Table of Contents:
-- Introduction
-- Part I Constructing Synergies: Framing the Environment–Human Rights Interface
1 Narratives of Environmental and Human Rights Protection: From a ‘Pristine Wilderness’ to a ‘Human Environment’
1.1 Protecting ‘Nature’ from ‘Humans’: Rupture and Antagonism in Early Environmentalism
1.2 Protecting ‘Nature’ for ‘Humans’: The Mobilising Power of Human Rights
1.2.1 Building a Human Rights-Based Approach to Environmental Protection: The 1972 Stockholm Conference on the Human Environment
1.2.2 Circumscribing Environmental Protection to Human Development: The 1992 Rio Conference on Environment and Development
1.2.3 The Culmination of a Merging Agenda: A Human Right to a Healthy Environment
1.3 Environmentalism and Human Rights: A Legislative Taxonomy
2 Horizons of Synergy: Adjudicating Environmental and Human Rights Protection
2.1 The Inter-American Human Rights System: A ‘Healthy’ Environment
2.2 The African Human Rights System: A ‘Generally Satisfactory’ Environment
2.3 The European Human Rights System: A ‘Balanced’ and ‘Safe’ Environment
2.4 International Courts and Tribunals: A ‘Non-Damaged’ Environment
2.5 Environmentalism and Human Rights: An Adjudicative Taxonomy
3 Constructing and Contesting Anthropocentric Synergies
3.1 Anthropocentrism and Synergy: A Doctrinal Construction
3.2 Contesting Anthropocentrism
3.3 Contesting Synergies
4 Countering the Dominant Frame: An Account of Trade-offs and Tensions
4.1 Framing the Environment–Human Rights Interface: The Mantra of Synergy
4.2 Alternative Frames: Integrating Conflicts
4.3 Beyond Synergy: Towards New Compositions
-- Part II Conflict Mediation Through Universalisation
5 The General Interest as Universalisation Strategy
5.1 The General Interest in Environmental Protection
5.2 The General Interest as a Heuristic of Conflict Adjudication
5.2.1 A ‘Mantra on Environmental Protection’: The General Interest in the Court of Justice of the European Union
5.2.2 The Value of ‘Outstanding Natural Beauty’: The General Interest in the European Court of Human Rights
5.2.3 An Indigenous ‘Strong Attachment with Nature’: The General Interest in the African Human Rights System
5.2.4 The ‘Conservation of Protected Areas’: The General Interest in the Inter-American Human Rights System
5.3 Discursive Hegemony and the Construction of Commonality
6 Expert Knowledge as Universalisation Strategy
6.1 The Scientific Expert: Conflict Resolution through Objectivity
6.1.1 Conflicts between Climate Change and Economic Freedoms
6.1.2 Conflicts between Animal Welfare and Indigenous Peoples’ Rights
6.1.3 Conflicts between Animal Welfare and Religious Freedoms
6.1.4 Assessing the CJEU’s Managerial Approach to Conflict Adjudication
6.2 The Human Rights Expert: Conflict Resolution through Epistemic Authority
6.2.1 Conflicts between Nature Conservation and Indigenous Peoples’ Rights
6.2.2 Conflicts between Landscape Preservation and Roma’s Rights
6.2.3 Assessing Regional Human Rights Courts’ Recourse to Legal Expertise
6.3 The Management of Expertise or the Managerialism of Experts
-- Conclusion
Cadmus permanent link: https://hdl.handle.net/1814/74974
Full-text via DOI: 10.1017/9781009026659
ISBN: 9781316515808; 9781009026659
Publisher: Cambridge University Press
Initial version: http://hdl.handle.net/1814/63366
Version: Published version of EUI PhD thesis, 2019
