Ecoviolence and the Law: Supranational Normative Foundation of Ecocrime

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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.

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Product Details

  • ISBN-13: 9781571053169
  • Publisher: Brill Academic Publishers, Inc.
  • Publication date: 7/1/2004
  • Pages: 450

Meet the Author

Laura Westra has doctorates in philosophy and international law. She has worked and published extensively in the areas of environmental ethics, policy and law with special emphasis on human rights and global justice.

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Table of Contents

Ch. 1 A paradigmatic case of institutionalized and legally sanctioned violence : the just war 3
Ch. 2 Institutionalized environmental violence and human rights : interpretation and analogy in the judicial process 51
Ch. 3 Institutionalized violence, civil disobedience in the national and international state system 97
Ch. 4 Responsibility and accountability for ecoviolence : the example of Walkerton 145
Ch. 5 The case for criminalizing ecoviolence : can it be done through Canadian national laws? 191
Ch. 6 From national to international environmental law 237
Ch. 7 Human rights violations and ecocrimes : possible examples of obligations Erga Omnes based on Jus Cogens norms 279
Ch. 8 From theory to practice 339
App. 1 The Earth Charter 413
App. 2 The International Law Commission on State Responsibility 421
App. 3 UNESCO resolution on the Earth Charter 423
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