The Struggle for Law and Rights: Dejusticia's Fifteen-Plus Years Working toward Socioenvironmental Justice and the Rule of Law


Book Description

This book features two presentations by Rodrigo Uprimny and Vivian Newman, both former directors of Dejusticia, that were delivered in 2020 to mark the occasion of the Tang Prize that was bestowed on Dejusticia that year. The first presentation explores Dejusticia’s relationship with the rule of law. It examines the differences between Dejusticia and other civil society organizations, as well as the action-research methodology that characterizes Dejusticia’s work and allows the organization to connect with the reality around us. It then discusses the role of the rule of law in contemporary society, where urgent social change is needed, and concludes with a discussion of the challenges that organizations such as Dejusticia have dealt with in the past and must tackle in the future. The second presentation explores the potential and limits of one of Dejusticia’s main tools: strategic litigation as an instrument for social and environmental justice. It offers examples of victories achieved by Dejusticia and its allies using litigation and offers some lessons learned during the organization’s fifteen-plus years using the law to change lives.




The World Bank Legal Review, Volume 5


Book Description

Today, no one doubts the importance of justice and the rule of law to development. Indeed, it is a topic that excites considerable discussion. But what exactly is the nature of the relationship between justice, the rule of law, and development? And how can such a relationship be harnessed to improve the lives of people around the world, sustainably? Volume 5 of The World Bank Legal Review tackles these crucial questions head on. The 32 chapters by distinguished scholars and practitioners off er myriad ideas on the interrelation between development and the rule of law. They also present a plethora of practical lessons about translating insights into real-life outcomes. Foremost among those lessons is that sustainable development both demands and delivers opportunity, inclusion, and equity. Regulatory innovation can help people secure durable economic opportunities. Access to justice can be a pathway for social inclusion and greater citizen engagement. Legal empowerment can promote greater equity in the distribution and enjoyment of public goods. As the international community reshapes its development agenda, this volume of The World Bank Legal Review reminds us that justice, when woven into sustainable development objectives and processes, can unlock endless opportunities.




Promessas Não Cumpridas


Book Description

The volume takes a broad view of recent social, political, and economic developments in Latin America. It contains six essays, focused on salient and cross-cutting themes, that try to construct a thread or narrative about the highly diverse region, highlighting its main idiosyncrasies and analyzing where it might be headed in coming years. While the essays recognize considerable advances, they also point out setbacks and missed opportunities that have stood in the way of sustained progress. Strengthening state capacity emerges as a significant challenge.




Dignity Rights


Book Description

Originally published in 2012, Dignity Rights is the first book to explore the constitutional law of dignity around the world. In it, Erin Daly shows how dignity has come not only to define specific interests like the right to humane treatment or to earn a living wage, but also to protect the basic rights of a person to control his or her own life and to live in society with others. Daly argues that, through the right to dignity, courts are redefining what it means to be human in the modern world. As described by the courts, the scope of dignity rights marks the outer boundaries of state power, limiting state authority to meet the demands of human dignity. As a result, these cases force us to reexamine the relationship between the individual and the state and, in turn, contribute to a new and richer understanding of the role of the citizen in modern democracies. This updated edition features a new preface by the author, in which she articulates how, over the past decade, dignity rights cases have evolved to incorporate the convergence of human rights and environmental rights that we have seen at the international level and in domestic constitutions.




The Environmental Rights Revolution


Book Description

The right to a healthy environment has been the subject of extensive philosophical debates that revolve around the question: Should rights to clean air, water, and soil be entrenched in law? David Boyd answers this by moving beyond theoretical debates to measure the practical effects of enshrining the right in constitutions. His pioneering analysis of 193 constitutions and the laws and court decisions of more than 100 nations in Europe, Latin America, Asia, and Africa reveals a positive correlation between constitutional protection and stronger environmental laws, smaller ecological footprints, superior environmental performance, and improved quality of life.




The Human Right to a Healthy Environment


Book Description

This book considers and clarifies many different facets of the international human right to a healthy environment.




Feminist Solutions for Ending War


Book Description

Will war ever end? Feminists across the world are proving that they can oppose patriarchal capitalist violence.




The Endtimes of Human Rights


Book Description

"We are living through the endtimes of the civilizing mission. The ineffectual International Criminal Court and its disastrous first prosecutor, Luis Moreno-Ocampo, along with the failure in Syria of the Responsibility to Protect are the latest pieces of evidence not of transient misfortunes but of fatal structural defects in international humanism. Whether it is the increase in deadly attacks on aid workers, the torture and 'disappearing' of al-Qaeda suspects by American officials, the flouting of international law by states such as Sri Lanka and Sudan, or the shambles of the Khmer Rouge tribunal in Phnom Penh, the prospect of one world under secular human rights law is receding. What seemed like a dawn is in fact a sunset. The foundations of universal liberal norms and global governance are crumbling."—from The Endtimes of Human Rights In a book that is at once passionate and provocative, Stephen Hopgood argues, against the conventional wisdom, that the idea of universal human rights has become not only ill adapted to current realities but also overambitious and unresponsive. A shift in the global balance of power away from the United States further undermines the foundations on which the global human rights regime is based. American decline exposes the contradictions, hypocrisies and weaknesses behind the attempt to enforce this regime around the world and opens the way for resurgent religious and sovereign actors to challenge human rights. Historically, Hopgood writes, universal humanist norms inspired a sense of secular religiosity among the new middle classes of a rapidly modernizing Europe. Human rights were the product of a particular worldview (Western European and Christian) and specific historical moments (humanitarianism in the nineteenth century, the aftermath of the Holocaust). They were an antidote to a troubling contradiction—the coexistence of a belief in progress with horrifying violence and growing inequality. The obsolescence of that founding purpose in the modern globalized world has, Hopgood asserts, transformed the institutions created to perform it, such as the International Committee of the Red Cross and recently the International Criminal Court, into self-perpetuating structures of intermittent power and authority that mask their lack of democratic legitimacy and systematic ineffectiveness. At their best, they provide relief in extraordinary situations of great distress; otherwise they are serving up a mixture of false hope and unaccountability sustained by “human rights” as a global brand. The Endtimes of Human Rights is sure to be controversial. Hopgood makes a plea for a new understanding of where hope lies for human rights, a plea that mourns the promise but rejects the reality of universalism in favor of a less predictable encounter with the diverse realities of today’s multipolar world.




A Theory of Ecological Justice


Book Description

This book argues for ecological justice - that is, for treating species besides Homo sapiens as having a claim in justice to a share of the Earth's resources.




The Ecological Constitution


Book Description

The Ecological Constitution integrates the insights of environmental constitutionalism and ecological law in a concise, engaging and accessible manner. This book sets out the necessary components of any constitution that could be considered "ecological" in nature. In particular, it argues that an ecological constitution is one that codifies the following key principles, at a minimum: the principle of sustainability; intergenerational equity and the public trust doctrine; environmental human rights; rights of nature; the precautionary principle and non-regression; and rights and obligations relating to a healthy climate. In the context of the global environmental crisis that characterises the current Anthropocene era, these principles are important tools for changing consciousness and driving pragmatic policy reforms around the world. Re-imagining constitutions along these lines could play a vital role in the collective project of building a sustainable future for humans, animals, ecosystems and the biosphere we all share. This book will be of great interest to students and scholars of environmental law, ecological law, environmental constitutionalism, sustainability and rights of nature.