A SUBATANTIVE ENVIRONMENTAL RIGHTPDF|Epub|txt|kindle电子书版本网盘下载

A SUBATANTIVE ENVIRONMENTAL RIGHTPDF格式电子书版下载

注意：本站所有压缩包均有解压码： 点击下载压缩包解压工具

Chapter 1 Introduction1

Chapter 2 The Current Status of the Development of Environmental Rights at National and International Levels5

2.1 Introduction5

2.2 International Environmental Law6

2.2.1 The Status of the Development of Substantive Environmental Rights within International Environmental Law7

2.2.2 Sovereignty10

2.2.3 The Development of Procedural Environmental Rights11

2.3 Human Rights Law15

2.3.1 Different Classifications of Human Rights16

2.3.2 Substantive Environmental Rights as Part of International and Regional Human Rights Law17

2.3.3 Other Human Rights that can Provide Protection of the Environment19

2.3.4 Existing 'Non-environmental' Human Rights that can be of use in the Protection of the Environment19

2.3.5 The Status of the Development of the Right to a 'Clean' or 'Healthy' Environment26

2.4 Constitutional Rights27

2.5 Work of the United Nations38

2.6 The International Court of Justice41

2.7 Conclusions42

Chapter 3 The Debate Relating to the Potential Development of a Substantive Environmental Right and the Proposed Design of Such a Right45

3.1 Introduction45

3.2 The Case against the Development of a Substantive Environmental Right45

3.2.1 Lack of Certainty Relating to the Legal Development48

3.2.2 Anthropocentricity and Differing Theories of Environmental Rights49

3.2.3 Competing Issues and Decision-Making51

3.2.4 Redundancy53

3.2.5 Effectiveness in Operation53

3.2.6 Cultural Issues54

3.2.7 The Time it takes to develop a Right55

3.2.8 The Scope of Human Rights under International Law55

3.3 The Case for the Development of a Substantive Environmental Right56

3.3.1 Background56

3.3.2 Scientific Reasons58

3.3.3 Institutional Recognition for the Link between the Environment and Man's Welfare61

3.3.4 Realization of Intergenerational Equity63

3.3.5 The Realization of the Potential of Procedural Rights64

3.3.6 Issues Relating to 'Sustainable Development'64

3.3.7 Providing a Balance to a State's Sovereignty over Natural Resources65

3.3.8 The Need for Positive Duties for All Decision-Makers to Protect the Environment66

3.3.9 The Development of International Law in Relation to Environmental Harm Caused by Non-state Actors70

3.3.10 The Protection of Indigenous and Vulnerable Communities71

3.4 The Design of a Substantive Environmental Right72

3.4.1 The Proposed Right has the Status of a Human Right73

3.4.2 The Proposed Right is not solely Anthropocentric74

3.4.3 The Proposed Right Includes a Mechanism to Deal with its Relationship with other Human Rights75

3.4.4 The Proposed Right Applies to both State and Non-state Actors75

3.4.5 The Proposed Right Operates by Creating Clear Legal Duties and Obligations76

3.4.6 The Proposed Right Provides an Equitable Mechanism for the Internalization of Compensation for Environmental Degradation76

3.4.7 The Proposed Right Provides a Straightforward Process for Dealing with Decision-Making that Affects the Environment77

3.4.8 Why the 'Human Right to a Good Environment'78

3.5 Conclusion78

Chapter 4 A Substantive Environmental Right and the State Actor81

4.1 Introduction81

4.2 Provisions of State Constitutions that Relate to the Environment82

4.2.1 The Constitutional Provisions Relating to the Environment of South Africa, Spain, India and Peru82

4.2.2 Key Features of Constitutional Environmental Rights86

4.3 The Effect of Vague and Conflicting Constitutional Provisions on Legislative and Policy Decision-Making that Can Affect the Environment87

4.3.1 The Constitutional Provisions88

4.3.2 Environmental Laws89

4.3.3 Law Creating Institutional Frameworks for Decision-Making91

4.3.4 Laws Relating to the Hydrocarbon Industry93

4.3.5 Environmental Impact Assessments (EIAs)96

4.3.5.1 EIA Law96

4.3.5.2 The Stage at which the EIA occurs97

4.3.5.3 The Lack of Independence of the EIA98

4.3.5.4 Public Participation within the EIA process98

4.3.6 Public Participation in Decision-Making100

4.4 Case Study: The Camisea Project: The Practical Problems for the Environment that can be Associated with Weak Environmental Provisions within Constitutions101

4.4.1 Exploration Phase101

4.4.2 Construction of the Weil-Heads, Pipeline and Associated Facilities102

4.4.3 Fractionation Plant104

4.4.4 Ongoing Operations104

4.4.5 The Effect of the Constitutional Provisions on the Camisea Project105

4.5 Conclusion106

Chapter 5 Companies and Multinational Enterprises109

5.1 Introduction109

5.2 The Power of Modern Companies and MNEs110

5.3 The Legal Responsibilities of Companies and MNEs113

5.3.1 The Primary Responsibility of a Company or an MNE114

5.3.2 The Duties of Directors115

5.4 The Law at an International Level Relating to Companies and Multinational Enterprises118

5.4.1 Liability122

5.5 Attempts by the International Community to Respond to the Existing Legal Framework and Business Environment in which Companies and MNEs Operate127

5.5.1 Corporate Governance127

5.5.2 The Stakeholder Theory of Responsibilities128

5.5.3 Corporate Social Responsibility129

5.5.4 Codes of Conduct (and Guidelines)132

5.5.5 Corporate Accountability138

5.5.6 World Summit on Sustainable Development139

5.5.7 Changes to the Duties of Directors140

5.6 The Overall Deficit in the Law and Responses from the Academic Community141

5.7 Conclusion144

5.7.1 If a State Fails through its Laws or Lack of Enforcement to Properly Protect the Environment, are There Measures that should be taken on an International Level to Ensure that Companies Operate to Certain Minimum Environmental Standards?145

5.7.2 If it is Primarily the Duty of the State to Regulate Companies, would there be any Purpose for Imposing upon Companies a Human Rights Responsibility that they Should Protect the Environment?146

Chapter 6 Multilateral Development Banks149

6.1 Introduction149

6.2 What Capacity do MDBs have to Harm the Environment?150

6.3 Legal Responsibilities under Constitutional Charters or Agreements152

6.4 Legal Responsibilities under Operational Policies and Procedures154

6.4.1 Environmental Impact Assessments155

6.4.2 Public Participation160

6.4.3 Specific Sectoral Policies161

6.4.4 Indigenous Peoples162

6.5 The Legal Character of Operational Policies and Procedures164

6.5.1 The Role of Operational Policies and Procedures as Instruments within MDBs164

6.5.2 The Legal Consequences of the Conditions Included within Bank Loans166

6.5.3 The Legal Consequences of the Various Independent Accountability Mechanisms167

6.6 International Environmental Law173

6.7 International Human Rights Law175

6.8 The Potential of a Rights-Based Approach to Reform180

6.9 Conclusion182

Chapter 7 The World Trade Organization185

7.1 Introduction185

7.2 The WTO in Context186

7.2.1 The Effects that Trade and Trade Liberalization Can Have on the Environment187

7.3 Legal Obligations towards the Environment190

7.3.1 The Legal Obligations of the WTO towards the Environment under its own Constitution191

7.3.2 Is there an Obligation on the WTO to Apply International Law other than that Contained in its own Agreements?193

7.3.3 The Legal Obligations towards the Environment that Member States have as a Result of Membership of the WTO196

7.3.4 The Development of Jurisprudence and the Extent to which Environmental Concerns are Incorporated into the Decision-Making of the Dispute Settlement Body198

7.3.5 Issues Arising from the Existing Legal Framework206

7.4 The Potential Application of a Substantive Environmental Right to the WTO System207

7.5 Conclusion213

Chapter 8 Conclusion215

Appendix Draft Accord between States for the Development and Realization of a Substantive Environmental Right221

Bibliography223

Table of International Instruments259

Table of International Cases267

Table of National Laws271

Table of National Cases273

Index277