Ecoviolence and the Law: Supranational Normative Foundation of Ecocrime

Ecoviolence and the Law: Supranational Normative Foundation of Ecocrime

by Laura Westra
     
 

Exploring such acts of environmental violence as "ecocrimes," the author builds the case that the international law principles of jus cogens and erga omnes justify characterizing ecocrime as a "just crime" requiring action to curb their occurrence and punishment to deter them. The book discusses the obstacles that defining environmental assaults as

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Overview

Exploring such acts of environmental violence as "ecocrimes," the author builds the case that the international law principles of jus cogens and erga omnes justify characterizing ecocrime as a "just crime" requiring action to curb their occurrence and punishment to deter them. The book discusses the obstacles that defining environmental assaults as "ecocrimes" will face both in national and international circumstances. The author concludes by proposing the creation of an International Environmental Court that would adjudicate "ecocrime" issues. This forward thinking work will be of great interest to all involved in the human rights issues of environmental threats.

Published under the Transnational Publishers imprint.

Product Details

ISBN-13:
9781571053169
Publisher:
Brill Academic Publishers, Inc.
Publication date:
07/01/2004
Pages:
450
Product dimensions:
6.10(w) x 9.06(h) x (d)

Table of Contents

Ch. 1A paradigmatic case of institutionalized and legally sanctioned violence : the just war3
Ch. 2Institutionalized environmental violence and human rights : interpretation and analogy in the judicial process51
Ch. 3Institutionalized violence, civil disobedience in the national and international state system97
Ch. 4Responsibility and accountability for ecoviolence : the example of Walkerton145
Ch. 5The case for criminalizing ecoviolence : can it be done through Canadian national laws?191
Ch. 6From national to international environmental law237
Ch. 7Human rights violations and ecocrimes : possible examples of obligations Erga Omnes based on Jus Cogens norms279
Ch. 8From theory to practice339
App. 1The Earth Charter413
App. 2The International Law Commission on State Responsibility421
App. 3UNESCO resolution on the Earth Charter423

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