Success in tackling environmental degradation relies on the full participation of everyone in society. The judiciary is a crucial partner in promoting environmental governance, upholding the rule of law and in ensuring a fair balance between environmental, social and developmental considerations through its judgements and declarations. This publication outlines the work done by UNEP in cooperation with several partners in developing and implementing a programme to engage the judiciaries of all countries in the pursuit of the rule of law in the area of environment and sustainable development.

This handbook is an advanced level reference guide which provides a comprehensive and contemporary overview of the corpus of international environmental law (IEL).

Events like the Bhopal disaster, the sale of products harmful to human health and safety, and child labour, especially in resource-scarce settings, raise fundamental issues of human dignity and ecological integrity. From a legal perspective, and in the context of Foreign Direct Investment by Transnational Corporations in developing countries, they highlight the lacuna of a holistic international legal framework and its implementation. This book embodies a critique of the complex web of public international law principles on economics, human rights and the environment, and their convergence or lack thereof, related regional (South Asian) and domestic (Sri Lankan) legal arrangements, interventions of states and non-state actors towards just, equitable and sustainable development. It is a quest for a middle path in the multidisciplinary landscape of international law, development and North-South power dynamics; globalization of free trade and investment and of social and environmental interests; and salient aspects of the philosophical, socio-economic and legal fabric of South Asia, viewed against the evolving, controversial and elastic sphere of international relations and law where consensus has hitherto been an elusive dream.

Laws in the twentieth century were based on economic growth and development. This new century calls for the reassessment of all laws from an environmental perspective in consideration of such looming environmental concerns as global warming, degradation of biodiversity and pollution. This book captures some provoking thoughts raised during a symposium on second generation environmental laws held in Japan in 2002. The wide range of articles will promote greater understanding of what has been achieved with the first generation of environmental laws, what is needed for the second generation, and how to bridge the two.

The products of mining are everywhere – if it wasn’t grown, it was mined or drilled. But the mining industry has a chequered past. Pollution, human rights abuses, and corruption have tarnished the reputation of the industry across the globe. Over a decade ago the major mining companies embraced the concept of sustainable and equitable development and embarked on an explicit process of reform – but has the industry actually changed? This book explores the dynamics of change-making for sustainable development in the resources sector, specifically the mining of mineral and energy resources. The author recounts the stories and insights of over forty change-makers both inside and outside the industry, from anti-mining activists to the professionals charged with the task of reform, introducing the people who are moving an industry that moves mountains. The book takes stock of what has worked and what has not, analyzing the relative influence and dynamics of the key corporate, civil society and government actors with a view to developing new approaches for improving environmental and social outcomes from mineral and energy development. Illustrated with case studies from Angola, Australia, Brazil, Canada, Chile, Colombia, El Salvador, Guinea, Peru, The Philippines, Romania, Sierra Leone, South Africa, and The United States of America, and brimming with the backstories to the major sustainability initiatives, Mountain Movers reveals where progress has been made and where reform is still needed towards a more sustainable and equitable mining industry.

Reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water, and land and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights, and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.