When Environmental Protection and Human Rights Collide: The Politics of Conflict Management by Regional Courts

This book explores the delicate trade-offs between environmental protection laws and human rights, tracing how the legal ordering of environmental protection evolved to merge with human rights concerns. It examines the world-making effects of this framing and the role played by legislators, experts, and adjudicators in (re)producing it. The analysis critically evaluates the argumentative tropes and adjudicative strategies used in environmental case-law to understand how these conflicts are judicially mediated, opening space for new modes of politics, legal imagination, and representation.

Format: Hardback
Length: 304 pages
Publication date: 27 October 2022
Publisher: Cambridge University Press

When the concerns for social and ecological justice become increasingly intertwined, conflicts between environmental protection laws and human rights present delicate trade-offs. This book explores the evolution of the legal framework for environmental protection, which has gradually merged with human rights concerns, leading to a synergistic framing of their relationship. It examines the world-making effects of this framing by examining how humans should relate to nature and the role played by legislators, experts, and adjudicators in (re)producing it. While it questions, contextualizes, and problematizes the dominant framing, it also reveals how the conflicts that underpin this relationship and the victims they affect have remained unseen. The analysis critically evaluates the argumentative tropes and adjudicative strategies used in environmental case law of regional courts to understand how these conflicts are judicially mediated, opening up space for new modes of politics, legal imagination, and representation.

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, contextualizes, and problematizes how and why this dominant framing was construed, it also reveals how the conflicts that underpin this relationship and the victims they affect have 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.

Weight: 600g
Dimension: 235 x 157 x 22 (mm)
ISBN-13: 9781316515808