Environmental Justice and the Rights of Unborn and Future Generations: Law, Environmental Harm and the Right to Health [NOOK Book]

Overview

The traditional concept of social justice is increasingly being challenged by the notion of a humankind that spans current and future generations. This book, with a foreword by Roger Brownsword, is the first systematic examination of how the rights of the unborn and future generations are handled in common law and under international legal instruments. It provides comprehensive coverage of the arguments over international legal instruments, key legal cases and examples including the Convention on the Rights of ...
See more details below
Environmental Justice and the Rights of Unborn and Future Generations: Law, Environmental Harm and the Right to Health

Available on NOOK devices and apps  
  • NOOK Devices
  • Samsung Galaxy Tab 4 NOOK
  • NOOK HD/HD+ Tablet
  • NOOK
  • NOOK Color
  • NOOK Tablet
  • Tablet/Phone
  • NOOK for Windows 8 Tablet
  • NOOK for iOS
  • NOOK for Android
  • NOOK Kids for iPad
  • PC/Mac
  • NOOK for Windows 8
  • NOOK for PC
  • NOOK for Mac
  • NOOK for Web

Want a NOOK? Explore Now

NOOK Book (eBook)
$60.95
BN.com price

Overview

The traditional concept of social justice is increasingly being challenged by the notion of a humankind that spans current and future generations. This book, with a foreword by Roger Brownsword, is the first systematic examination of how the rights of the unborn and future generations are handled in common law and under international legal instruments. It provides comprehensive coverage of the arguments over international legal instruments, key legal cases and examples including the Convention on the Rights of the Child, industrial disasters, clean water provision, diet, HIV/AIDS, environmental racism and climate change. Also covered are international agreements and objectives as diverse as the Kyoto Protocol, the Millennium Development Goals and international trade.

The result is the most controversial and thorough examination to date of the subject and the enormous ramifications and challenges it poses to every aspect of international and domestic environmental, human rights, trade and public health law and policy.
Read More Show Less

Editorial Reviews

From the Publisher
'Laura Westra's book is a welcome addition to the growing body of work on environmental jurisprudence and the link to social justice'
Elizabeth May, Executive Director, Sierra Club of Canada

'If outrage against social injustice galvanizes your life, Laura Westra's magisterial Environmental Justice and the Rights of Unborn and Future Generations is the single book you must read and use this year'
Robert Goodland, former Chief Environmental Adviser to the World Bank Group

'Westra brings another important interdisciplinary perspective on this topic.'
Journal of Human Rights

Read More Show Less

Product Details

  • ISBN-13: 9781136566790
  • Publisher: Taylor & Francis
  • Publication date: 5/4/2012
  • Sold by: Barnes & Noble
  • Format: eBook
  • Pages: 352
  • File size: 2 MB

Meet the Author

Laura Westra is Professor Emerita (Philosophy), University of Windsor, PhD in Law, Osgoode Hall Law School and Adjunct Professor of Social Science, York University, Canada.

Read More Show Less

Table of Contents


Foreword   Roger Brownsword     xi
Acknowledgements     xiii
Prologue     xv
The Rights of the First Generation
The Child's Rights to Health and the Environment, and the Role of the World Health Organization     3
Introduction: Child protection and future generations rights - The road to ecojustice     3
The Convention of the Rights of the Child and its background     5
The right to nationality and the right of the duty of protection in law     7
The positive duty of physical protection from harm and the definition of the child     9
The preconditions of agency and the grounds of human rights     12
The presence of institutionalized violence: Ecocrimes and international law     14
Children's rights to health: Obstacles, challenges and the role of the WHO     17
Conclusions: The rights of the child and the duty to intervene (domestic), and the international responsibility to protect     22
The Status of the Preborn in Civil Law Instruments     31
Introduction     31
The juridical status of the preborn: Infans conceptus in civil law     32
From lex ferenda to lex lata: the case of Vo v. France and some other 'life' cases     36
The Vo case continued: Arguments for and against the right to life of the preborn in civil law     38
Two other European cases: Bruggemann and Scheuten v. Germany and Ireland v. Grogan     44
The case of thalidomide as 'a signifier or a chemical compound that has taken on a multifaceted cultural identity'     48
The Status of the Child and the Preborn in Common Law Instruments and Cases     55
Introduction: Human rights in the context of neo-liberal globalization     55
Some arguments regarding the right to life of the preborn in common law     57
Women's civil rights and present laws (US)     64
Third-party foetal harms in common law: cases and instruments     71
Reproductive hazards or discrimination in the workplace?     75
Supranational Governance: The European Court of Human Rights, and the WTO-WHO Conflict     83
Introduction     83
Three cases in the European Court of Human Rights     84
The principle of the 'best interest of the child' and the problem of freedom     90
The protection of freedom and its preconditions in a globalized world governed by western economic interests     93
The WTO and the WHO in conflict     95
Ecojustice and Future Generations' Rights
The Impact of Consumerism and Social Policy on the Health of the Child     109
A question of public policy     109
Attacks on the health and normal function of the child: The role of marketing and the media     113
The 'European dream' and the impact of public policy     115
Public policy and the 'social construct of childhood'     117
The parens patriae doctrine: A possible juridical policy?     120
Prenatal transfer of HIV/AIDS: Is criminalization the answer?     125
Future Generations' Rights: Linking Intergenerational and Intragenerational Rights in Ecojustice     135
Introduction     135
Obligations to future generations in the law: The proposal of Edith Brown-Weiss     136
Intergenerational harms: The case of the Canadian First Nation's children     143
The rights of the first generation and of the future: The interface     146
The international protection of human rights and the principle of the common heritage of mankind     150
Intragenerational and intergenerational equity: Ecojustice for the first and distant generations     154
Conclusion     155
Ecojustice and Consideration for the Future: The Persistence of Ecofootprint Disasters     161
Introduction     161
Consumerism and the rights of the future: The case of the 'vulnerable consumer'     162
Ecological footprint and ecocrime: The interface     165
'Development' and environmental racism: The case of Ken Saro-Wiwa and the Ogoni     172
Ecojustice and industrial operations: An irreconcilable conflict?     181
The many faces of ecofootprint crime     183
Ecojustice and Industrial Operations: Irreconcilable Conflict or Possible Coexistence?     197
Introduction     197
Responsibility and accountability for ecoviolence: The example of Walkerton     199
Lessons from the Walkerton case     213
Public health: Its meaning and role     216
The question of rights     220
Developmental and Health Rights of Children in Developing Countries: Towards a Model Legislation for the Rights of the Child to Health     229
Introduction     229
North v. South for children's rights: Exposures, remedies and obstacles     231
'World fit for children'? First obstacle: Environmental conditions     234
The definition of the child and birth registration: Impacts on health     239
Towards model legislation on the rights of the child to health     242
Required elements for a proposed model legislation on the rights of the child to health     247
A question of ecojustice: Reviewing the burden of exposure (North) and the burden of disease (South)     252
Convention on the Rights of the Child     257
Implementation of the Convention on the Rights of the Child in Selected Countries     269
List of abbreviations and acronyms     295
List of cases     297
List of documents     301
Bibliography     305
Index     321
Read More Show Less

Customer Reviews

Be the first to write a review
( 0 )
Rating Distribution

5 Star

(0)

4 Star

(0)

3 Star

(0)

2 Star

(0)

1 Star

(0)

Your Rating:

Your Name: Create a Pen Name or

Barnes & Noble.com Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & Noble.com that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & Noble.com does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at BN.com or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation

Reminder:

  • - By submitting a review, you grant to Barnes & Noble.com and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Noble.com Terms of Use.
  • - Barnes & Noble.com reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & Noble.com also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on BN.com. It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

 
Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously

    If you find inappropriate content, please report it to Barnes & Noble
    Why is this product inappropriate?
    Comments (optional)