ISBN-10:
1784717452
ISBN-13:
9781784717452
Pub. Date:
11/29/2019
Publisher:
Edward Elgar Publishing
Research Handbook on Law, Environment and the Global South

Research Handbook on Law, Environment and the Global South

by Philippe Cullet, Sujith KoonanPhilippe Cullet

Hardcover

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Overview

This comprehensive Research Handbook offers an innovative analysis of environmental law in the global South. It contributes to an important reassessment of some of the major concepts underlying environmental law, from a perspective that emphasises how their application affects poor and marginalised people as well as the wider ecosystems in which they live.  


Through legal analysis of environmental issues themselves, rather than the often limited discussion of existing legal instruments, this Research Handbook discusses areas rarely prioritised in environmental law, such as land rights, and underlines how these intersect with issues including poverty, livelihoods and the use of natural resources. Featuring contributors largely from, or working in, the global South with a variety of approaches and backgrounds, the Research Handbook challenges familiar narratives around development and sustainability in this context and provides new insights into environmental rights and justice.


Researchers and postgraduate students will find this Research Handbook’s unique perspective invaluable, particularly in the context of a growing interest in ‘people-centric’ environmental law. Policymakers and activists in the global South will also be interested in its analysis of key issues and suggestions for alternative models and future policy.

Product Details

ISBN-13: 9781784717452
Publisher: Edward Elgar Publishing
Publication date: 11/29/2019
Series: Research Handbooks in Environmental Law series
Pages: 528
Product dimensions: 6.62(w) x 9.62(h) x (d)

About the Author

Edited by Philippe Cullet, Professor of International and Environmental Law, SOAS University of London, UK and Senior Visiting Fellow, Centre for Policy Research, New Delhi and Sujith Koonan, Assistant Professor, Campus Law Centre, Faculty of Law, University of Delhi, India

Table of Contents

Contents:


Introduction to the Research Handbook on Law, Environment and the Global

South xvi

Philippe Cullet and Sujith Koonan


PART I QUESTIONING THE CONCEPTS OF DEVELOPMENT AND

SUSTAINABILITY

1 Intergenerational justice, water rights, and climate change 2

Upendra Baxi

2 Justice, development and sustainability in the Anthropocene 14

Sam Adelman

3 Neoliberalism, law and nature 32

Larry Lohmann

4 Radical well-being alternatives to development 64

Ashish Kothari


PART II ENVIRONMENTAL RIGHTS, ENVIRONMENTAL JUSTICE

AND ACCESS TO REMEDIES

5 Environmental rights in the Global South 86

Louis J. Kotzé and Evadne Grant

6 North-South transboundary movement of hazardous wastes – the Basel Ban

and environmental justice 109

Julia Dehm and Adil Hasan Khan

7 The Bhopal case: retrospect and prospect 138

Usha Ramanathan


PART III LAND USE, ACQUISITION AND DISPOSSESSION

8 Land rights, poverty, and livelihoods: the case of Ethiopia 147

Brightman Gebremichael

9 Wildlife conservation and land rights in Kenya: competing or

complementary agendas? 169

Patricia Kameri-Mbote

10 Land-grabs and dispossession in India: laws of value 190

Preeti Sampat


PART IV FORESTS: A CONTESTED RESOURCE OR COMMODITY

11 Environmental impact assessment in the context of mangrove forest

ecosystem management in Bangladesh: a case study of Rampal coal

power plant project 207

Jona Razzaque

12 Forests, people and poverty: failing to reform the global development

paradigm 231

Feja Lesniewska

13 Access to and control over forest resources – the case of the Forest

Rights Act, 2006 in India 249

Shankar Gopalakrishnan


PART V INDIGENOUS PEOPLES: RESOURCE USE, CONSERVATION,

LIVELIHOODS AND RIGHTS

14 Forest rights and tribals in mineral rich areas of India: the Vedanta case

and beyond 272

Geetanjoy Sahu

15 Conservation and livelihoods: conflicts or convergence? 286

CR Bijoy


PART VI ENERGY AND THE ENVIRONMENT

16 International energy policy for development: human rights and sustainable

development law imperatives 305

Thoko Kaime

17 Nuclear energy and liability: an environmental perspective 322

Saurabh Bhattacharjee


PART VII WATER: PRIVATISATION, DEVELOPMENT AND HUMAN

RIGHTS

18 Realisation of the right to water: lessons from South Africa 348

Michael Kidd

19 Dams and displacement: the case of the Sardar Sarovar Project, India 371

Varsha Bhagat-Ganguly

20 Wastewater reuse in irrigated agriculture in urban and peri-urban India:

a farmers’ rights perspective 396

Lovleen Bhullar


PART VIII COMMERCIAL AND INDUSTRIAL USE OF RESOURCES

AND EQUITY

21 Mining, development and environment in India 413

Felix Padel and Malvika Gupta

22 Environment impact assessment in India: contestations over regulating

development 435

Manju Menon and Kanchi Kohli

23 The informal waste sector: ‘surplus’ labour, detritus, and the right to the

post-colonial city 452

Kaveri Gill


Index 477


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