Research Handbook on Law, Environment and the Global South by Philippe Cullet (E

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This comprehensive Research Handbook offers an innovative analysis of environmental law in the global South.

FORMATHardcover LANGUAGEEnglish CONDITIONBrand New Publisher Description

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. 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

Author Biography

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 GlobalSouth xviPhilippe Cullet and Sujith KoonanPART I QUESTIONING THE CONCEPTS OF DEVELOPMENT ANDSUSTAINABILITY1 Intergenerational justice, water rights, and climate change 2Upendra Baxi2 Justice, development and sustainability in the Anthropocene 14Sam Adelman3 Neoliberalism, law and nature 32Larry Lohmann4 Radical well-being alternatives to development 64Ashish KothariPART II ENVIRONMENTAL RIGHTS, ENVIRONMENTAL JUSTICEAND ACCESS TO REMEDIES5 Environmental rights in the Global South 86Louis J. Kotzé and Evadne Grant6 North-South transboundary movement of hazardous wastes – the Basel Banand environmental justice 109Julia Dehm and Adil Hasan Khan7 The Bhopal case: retrospect and prospect 138Usha RamanathanPART III LAND USE, ACQUISITION AND DISPOSSESSION8 Land rights, poverty, and livelihoods: the case of Ethiopia 147Brightman Gebremichael9 Wildlife conservation and land rights in Kenya: competing orcomplementary agendas? 169Patricia Kameri-Mbote10 Land-grabs and dispossession in India: laws of value 190Preeti SampatPART IV FORESTS: A CONTESTED RESOURCE OR COMMODITY11 Environmental impact assessment in the context of mangrove forestecosystem management in Bangladesh: a case study of Rampal coalpower plant project 207Jona Razzaque12 Forests, people and poverty: failing to reform the global developmentparadigm 231Feja Lesniewska13 Access to and control over forest resources – the case of the ForestRights Act, 2006 in India 249Shankar GopalakrishnanPART V INDIGENOUS PEOPLES: RESOURCE USE, CONSERVATION,LIVELIHOODS AND RIGHTS14 Forest rights and tribals in mineral rich areas of India: the Vedanta caseand beyond 272Geetanjoy Sahu15 Conservation and livelihoods: conflicts or convergence? 286CR BijoyPART VI ENERGY AND THE ENVIRONMENT16 International energy policy for development: human rights and sustainabledevelopment law imperatives 305Thoko Kaime17 Nuclear energy and liability: an environmental perspective 322Saurabh BhattacharjeePART VII WATER: PRIVATISATION, DEVELOPMENT AND HUMANRIGHTS18 Realisation of the right to water: lessons from South Africa 348Michael Kidd19 Dams and displacement: the case of the Sardar Sarovar Project, India 371Varsha Bhagat-Ganguly20 Wastewater reuse in irrigated agriculture in urban and peri-urban India:a farmers' rights perspective 396Lovleen BhullarPART VIII COMMERCIAL AND INDUSTRIAL USE OF RESOURCESAND EQUITY21 Mining, development and environment in India 413Felix Padel and Malvika Gupta22 Environment impact assessment in India: contestations over regulatingdevelopment 435Manju Menon and Kanchi Kohli23 The informal waste sector: 'surplus' labour, detritus, and the right to thepost-colonial city 452Kaveri GillIndex 477

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

Review Quote

'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 marginalized 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 synergizing human and nonhuman ecologies in the 21st century.'

Details ISBN1784717452 Language English Year 2019 ISBN-10 1784717452 ISBN-13 9781784717452 Format Hardcover Publication Date 2019-11-18 DEWEY 344.124046 Pages 520 Publisher Edward Elgar Publishing Ltd Series Research Handbooks in Environmental Law series Imprint Edward Elgar Publishing Ltd Place of Publication Cheltenham Country of Publication United Kingdom AU Release Date 2019-11-18 NZ Release Date 2019-11-18 UK Release Date 2019-11-18 Author Sujith Koonan Edited by Sujith Koonan Audience Professional & Vocational We've got this

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