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Author Petersmann, Marie-Catherine, author.

Title When environmental protection and human rights collide : the politics of conflict management by regional courts / Marie-Catherine Petersmann, Tilburg University
Published Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2022
©2022

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Description 1 online resource (xvi, 288 pages)
Series Cambridge studies in international and comparative law ; 172
Cambridge studies in international and comparative law (Cambridge, England : 1996) ; 172.
Contents Introduction -- Narratives of environmental and human rights protection -- from a 'pristine wilderness' to a 'human environment' -- Horizons of synergy -- adjudicating environmental and human rights protection -- Constructing and contesting anthropocentric synergies -- Countering the dominant frame -- an account of trade-offs and tensions -- The general interest as universalisation strategy -- Expert knowledge as universalisation strategy -- Conclusion
Summary 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, contextualises and problematises how and why this dominant framing was construed, it also reveals how the conflicts that underpin this relationship - and the victims they affect - mainly 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
Notes Electronic resource, viewed: July 17, 2023
Subject Environmental law, International.
Human rights.
International human rights courts.
Environmental law, International
Human rights
International human rights courts
Form Electronic book
ISBN 9781009026659
1009026658
9781009028172
1009028170