Journal of Human Rights and the Environment最新文献

The seabed and the South: from stock stories to new histories of international lawmaking 海底与南方：从故事到新的国际法制定史

IF 1.7

Journal of Human Rights and the Environment Pub Date : 2023-11-01 DOI: 10.4337/jhre.2023.0004

Surabhi Ranganathan

{"title":"The seabed and the South: from stock stories to new histories of international lawmaking","authors":"Surabhi Ranganathan","doi":"10.4337/jhre.2023.0004","DOIUrl":"https://doi.org/10.4337/jhre.2023.0004","url":null,"abstract":"Centring the career of Cameroonian diplomat Paul Bamela Engo during the negotiation of the UN Convention on the Law of the Sea, this article makes a methodological intervention in the historiography of multilateral treaty-making. It reads through and against the grain of dominant narratives of oceanic constitution-making, and offers counter-narratives that serve as conceptual and mobilizational resources in contemporary struggles. It examines how the ‘stock story’ of the emergence of the resource regime for seabed minerals as the common heritage of mankind erases the radical alternatives that were proposed by Third World actors and their efforts to write them into law, and sorts these actors into trope-laden categories of ‘extremist’ and ‘moderate’. Against this, and building on critical race theorist Richard Delgado’s exploration of counterstorytelling, this article traces histories that position Third World diplomats and lawyers as intellectual innovators and rival worldmakers. Extending the field of international intellectual history, and examining international lawmaking conferences as a political form, these histories link UNCLOS to wider anticolonial and worldmaking projects. Connecting analyses at multiple spatial and temporal scales, such histories also offer an empirically-grounded approach to the agency and structural constraints of Third World actors negotiating international legal orders, and illuminate international lawmaking as a promising site for global history.","PeriodicalId":43831,"journal":{"name":"Journal of Human Rights and the Environment","volume":"199 1","pages":""},"PeriodicalIF":1.7,"publicationDate":"2023-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139296783","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Book review: Sumudu A Atapattu, Carmen G Gonzalez and Sara L Seck (eds), The Cambridge Handbook of Environmental Justice and Sustainable Development (Cambridge University Press, Cambridge 2021) 476 pp. 书评:Sumudu A Atapattu, Carmen G Gonzalez和Sara L Seck(编)，《剑桥环境正义与可持续发展手册》(剑桥大学出版社，剑桥2021)476页。

Journal of Human Rights and the Environment Pub Date : 2023-09-22 DOI: 10.4337/jhre.2023.02.05

Atieno Mboya

引用次数: 0

Paradise lost? The red right hand of green technology 《失乐园》吗?绿色科技的红色右手

Journal of Human Rights and the Environment Pub Date : 2023-09-22 DOI: 10.4337/jhre.2023.02.03

Simon Sneddon

引用次数: 0

Expanding NGOs’ standing: climate justice through access to the European Court of Human Rights 扩大非政府组织的地位:通过进入欧洲人权法院来实现气候正义

Journal of Human Rights and the Environment Pub Date : 2023-09-22 DOI: 10.4337/jhre.2023.02.04

Helen Keller, Viktoriya Gurash

引用次数: 0

Climate violence and the word 气候暴力与世界

Journal of Human Rights and the Environment Pub Date : 2023-09-22 DOI: 10.4337/jhre.2023.02.02

Nicole Rogers

{"title":"Climate violence and the word","authors":"Nicole Rogers","doi":"10.4337/jhre.2023.02.02","DOIUrl":"https://doi.org/10.4337/jhre.2023.02.02","url":null,"abstract":"The climate crisis is here presented as an assemblage of synergistic violences, including lethal violence to human and nonhuman bodies, violence to territories, and the violence of legal and extra-legal words. I extrapolate from Robert Cover’s thesis on the relationship between legal words and violence and focus upon the interplay between words and climate violence and, in particular, on the paucity of existing terminology and framings in relation to this phenomenon. Despite findings in some civil climate lawsuits that a continuing failure to mitigate on the part of nations of the Global North will violate the right to life, the terminology of murder is not widely adopted and no prosecutions have ensued. Similarly, the severity of inter-State territorial violence, as a consequence of a failure to mitigate and historical and ongoing emissions on the part of developed nations, is downplayed in international law through the strategic deployment of framings such as ‘disappearing States’, security threats, and ‘loss and damage’. Finally, the climate crisis is entangled with the violence of law. Yet law’s violence, rather than targeting corporate and State perpetrators of climate violence, is directed against non-violent climate activists who are portrayed as terrorists. I explore underlying reasons for this. Viewing climate change as a material manifestation of intersecting forms of violence reveals law’s complicities and limitations, and highlights the importance of narrative framings and language in understanding and addressing the climate crisis.","PeriodicalId":43831,"journal":{"name":"Journal of Human Rights and the Environment","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136010829","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Reimagining climate equity to incorporate the non-human 重新构想气候公平，将非人类纳入其中

Journal of Human Rights and the Environment Pub Date : 2023-09-22 DOI: 10.4337/jhre.2023.02.01

Hannah Blitzer

引用次数: 0

Book review: Eve Darian-Smith, Global Burning: Rising Antidemocracy and the Climate Crisis (Stanford University Press, Stanford 2022) 230 pp. 书评:Eve Darian-Smith，全球燃烧:崛起的反民主和气候危机(斯坦福大学出版社，斯坦福2022)230页。

Journal of Human Rights and the Environment Pub Date : 2023-09-22 DOI: 10.4337/jhre.2023.02.06

Charles Lawrie

引用次数: 0

Climate change, violence, exclusion and law 气候变化、暴力、排斥和法律

Journal of Human Rights and the Environment Pub Date : 2023-09-22 DOI: 10.4337/jhre.2023.02.00

引用次数: 0

Book review: Jana Norman, Posthuman Legal Subjectivity: Reimagining the Human in the Anthropocene (Routledge, Abingdon 2022) 186 pp. 书评:Jana Norman，《后人类法律主体性:重新想象人类世中的人类》(Routledge, Abingdon 2022) 186页。

IF 1.7

Journal of Human Rights and the Environment Pub Date : 2023-04-01 DOI: 10.4337/jhre.2023.01.07

Cristy Clark

引用次数: 0

An (un)common remedy to Indigenous communities’ subsistence: revisiting Traditional Knowledge Commons 土著社区生存的一种(非)常见补救措施:重新审视传统知识共享

Journal of Human Rights and the Environment Pub Date : 2023-04-01 DOI: 10.4337/jhre.2023.01.02

Christos Zois, Vassilis Pergantis

{"title":"An (un)common remedy to Indigenous communities’ subsistence: revisiting Traditional Knowledge Commons","authors":"Christos Zois, Vassilis Pergantis","doi":"10.4337/jhre.2023.01.02","DOIUrl":"https://doi.org/10.4337/jhre.2023.01.02","url":null,"abstract":"Indigenous Traditional Knowledge (ITK) has been at the centre of heated debates about patent and intellectual protection for a long time. Efforts to normatively regulate the protection of ITK are imbued by a property-based logic associated most prominently with intellectual property regimes, which focus primarily on its economic value. However, such an approach collides with the spiritual, cultural and sacred character of Indigenous Traditional Knowledge. This article aims to provide an alternative for ITK protection through the revamping of the Traditional Knowledge Commons (TKC) concept. It elucidates those TKC traits beneficial to Indigenous communities and identifies potential challenges associated with TKC implementation. The article highlights instances of successfully enacted TKC as evidence of the economic and social capacity of such communitarian schemes, which can further empower Indigenous communities. Lastly, the article explores the viability of establishing a commons-alike ITK management regime on a global scale given the divergent views and aspirations both of communities providing ITK and potential ITK users.","PeriodicalId":43831,"journal":{"name":"Journal of Human Rights and the Environment","volume":"69 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135573983","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0