Description
Book SynopsisThis 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.
Contributors include: S. Adelman, U. Baxi, V. Bhagat-Ganguly, S. Bhattacharjee, L. Bhullar, C.R. Bijoy, P. Cullet, J. Dehm, B. Gebremichael, K. Gill, S. Gopalakrishnan, E. Grant, M. Gupta, T. Kaime, P. Kameri-Mbote, A.H. Khan, M. Kidd, K. Kohli, S. Koonan, A. Kothari, L. Kotzé, F. Lesniewska, L. Lohmann, M. Menon, F. Padel, U. Ramanthan, J. Razzaque, G. Sahu, P. Sampat
Trade Review‘The book is a timely and essential contribution to the literature on environment policy, due in no small part to its insistence on speaking with the voice of the Global South on such matters, in a way that often conflicts with prevailing narratives from forces of globalization and neoliberalism, and on challenging the premise of sustainable development and unlimited growth.’ -- Christopher Atkinson, International Journal of Public Administration
'Professors Cullet and Koonan have assembled an impressive array of scholars from the global South for this state of the art Research Handbook. It takes the perspective that efforts to sustain the ecological basis of all life must first consider the lives of poor and marginalised people who are often further harmed by the rules that should protect them. As such, it is invaluable for the reader looking for a guide to sustaining and synergising human and nonhuman ecologies in the twenty-first century.' --David Takacs, University of California College of the Law, San Francisco
'Environmental law has often adopted an ahistorical, technocratic approach to environmental protection that neglects the relationship between the abuse of nature and the exploitation and subordination of human beings. This book gives voice to the perspectives and priorities of marginalised communities in the South and the North, and places justice at the centre rather than the periphery of environmental law and policy.' --Carmen G. Gonzalez, Seattle University, US
Table of ContentsContents: 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
