Journal of Human Rights and the Environment最新文献

{"title":"An engraved invitation to consider human–earth relations: thinking non-dualism through the mining-based art practice of Lee Harrop","authors":"Jana Norman","doi":"10.4337/JHRE.2021.01.06","DOIUrl":"https://doi.org/10.4337/JHRE.2021.01.06","url":null,"abstract":"The scale and ubiquity of global industrialized mining and its proportionately negative impact on human rights and the environment is well documented. These costly externalities, taken in the context of increasing demand for mined materials in technical applications such as mobile phones and other devices seen as essential to contemporary commerce and communication, focalize a range of contentious issues and complexities. This article argues that mining, as an instance of instrumentalism in the human–earth relationship and in many human–human relations, exposes the reason/nature dualism underlying western ontological assumptions. Key features of dualism are described and implicated for their role in the oppression and exploitation of both human and non-human Others. A map drawn from critical ecological feminism outlining an escape route out of dualism is unfolded and brought together with the onto-ethico-epistemology of agential realism in an effort to discover possibilities for a new western social imaginary of non-dualism. The art of Lee Harrop featuring engraved core samples from mining exploration is deployed as a productive site for thinking through non-dualising implications arising from science and new materialisms.","PeriodicalId":43831,"journal":{"name":"Journal of Human Rights and the Environment","volume":"12 1","pages":"77-99"},"PeriodicalIF":1.7,"publicationDate":"2021-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48724066","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}

{"title":"Environmental struggles in Aboriginal homelands: Indigenizing conservation in Australia","authors":"F. Mathews","doi":"10.4337/JHRE.2021.01.03","DOIUrl":"https://doi.org/10.4337/JHRE.2021.01.03","url":null,"abstract":"Many large remaining areas of high conservation value currently lie within Indigenous homelands. The attempts of conservationists to protect such areas from industrial development sometimes come into conflict with the contrary wish of Indigenous populations to benefit from such development. How, in such cases, can the claims of Earth communities to ecological justice be reconciled with those of Traditional Owner communities to Indigenous justice? The dilemma is here examined via a case study, that of a proposed natural gas installation at James Price Point in the far north of Western Australia. It is argued that resolution of the dilemma may require a significant re-visioning of conservation: environmentalists might need to concede to Aboriginal communities the moral ownership of conservation per se, at least in so far as it applies to Aboriginal homelands, and perhaps more widely.","PeriodicalId":43831,"journal":{"name":"Journal of Human Rights and the Environment","volume":"12 1","pages":"51-68"},"PeriodicalIF":1.7,"publicationDate":"2021-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46202021","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}

{"title":"Extinction Rebellion and environmental activism – the XR interviews","authors":"Claire Burgess, R. Read","doi":"10.4337/jhre.2020.03.08","DOIUrl":"https://doi.org/10.4337/jhre.2020.03.08","url":null,"abstract":"For this publication on environmental activism and the law, we interviewed representatives of Extinction Rebellion (XR) in the United Kingdom and Australia to explore their views on the goals, tactics and challenges for the movement. This report features interviews conducted in late 2019 with Claire Burgess (then regional coordinator XR Southern Tasmania, Australia) and Rupert Read (spokesperson for XR England and Reader in Philosophy, University of East Anglia). Both interviews, with identical questions, were conducted by Benjamin J Richardson, Professor of Environmental Law, University of Tasmania.","PeriodicalId":43831,"journal":{"name":"Journal of Human Rights and the Environment","volume":" ","pages":""},"PeriodicalIF":1.7,"publicationDate":"2020-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45825800","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}

{"title":"Editorial: Climate strikes to Extinction Rebellion: environmental activism shaping our future","authors":"B. Richardson","doi":"10.4337/JHRE.2020.03.00","DOIUrl":"https://doi.org/10.4337/JHRE.2020.03.00","url":null,"abstract":"Covid-19 has dominated global news in 2020, but even the pandemic has not stymied a new generation of activists mobilizing for action on interconnected grievances of climate breakdown, economic inequality and social injustice. Numerous countries have experienced the mass mobilizations of Extinction Rebellion (XR), the youth-led climate strikes associated with Greta Thunberg and the Black Lives Matter (BLM) rallies, as well as localized protests such as Indigenous First Nations blockading oil pipelines and railways on their traditional territories. With electoral politics struggling to generate the ambitious laws urgently needed to avert irreparable environmental breakdown, many have turned to protest. Protest mobilizations embrace diverse grievances, goals and strategies, and indeed some may seem to be highly reactionary, such as France’s Yellow Vests movement (Mouvement des gilets jaunes) sparked by higher fuel taxes to combat carbon emissions. The contemporary protests however share some intersecting points of interest for scholars researching the influence of civil disobedience, the roles of grassroots activists challenging state or corporate elites, the policing of protesters’ space and voice, the breakdown in the legitimacy of the nation-state and the increasing invocation of emergency powers in unsettled times. Environment-related protest of course is not new, and draws sustenance from a long tradition of grassroots activism including the Occupy movement, the anti-globalization and anti-nuclear movements, and earlier civil disobedience campaigns associated with black civil rights and the Suffragettes. The recent social upheavals – the subject of this special issue of the Journal of Human Rights and the Environment – involve some shifts away from these precedents, shifts including the rise of a rhetoric of a climate or planetary ‘emergency’; the emergence of new political actors, notably children; and the deployment of distinctive tactics such as the hyper-aesthetic character of some protests, as is evident in XR’s street performances and paraphernalia. Concurrently, some governments have recently introduced unprecedented measures to thwart environmental activism, including anti-protest laws that criminalize some forms of activism. The modern era of environmental law, dating from about the 1960s, has brought many benefits, such as cleaner air and water, greater due diligence on proposed developments, and larger protected areas networks. Many of these laws have also enhanced opportunities for public participation in decision making and access to justice, thereby","PeriodicalId":43831,"journal":{"name":"Journal of Human Rights and the Environment","volume":" ","pages":""},"PeriodicalIF":1.7,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44408704","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}

{"title":"A colonized COP: Indigenous exclusion and youth climate justice activism at the United Nations climate change negotiations","authors":"C. Grosse, Brigid Mark","doi":"10.4337/9781800881099.00011","DOIUrl":"https://doi.org/10.4337/9781800881099.00011","url":null,"abstract":"Youth activists around the world are demanding urgent climate action from elected leaders. The annual United Nations climate change negotiations, known as COPs, are key sites of global organizing and hope for a comprehensive approach to climate policy. Drawing on participant observation and in-depth interviews at COP25 in 2019, this research examines youth climate activists’ priorities, frustrations and hopes for creating just climate policy. Youth are disillusioned with the COP process and highlight a variety of ways through which the COP perpetuates colonial power structures that marginalize Indigenous peoples and others fighting for justice. This is intersectional exclusion – the character of exclusion experienced by people with multiple intersecting marginalized identities. We demonstrate that the space, policies and even the social movement organizing at COP25 are exclusive, necessitating new ways of negotiating, building relationships, and imagining climate solutions that centre Indigenous communities, and protect and return to them the lands on which they depend. As the youth climate justice movement grows, attending to Indigenous priorities will help it transform, rather than reinforce, the systems at the root of climate crisis and to challenge existing policymaking structures.","PeriodicalId":43831,"journal":{"name":"Journal of Human Rights and the Environment","volume":" ","pages":""},"PeriodicalIF":1.7,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42971836","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}

{"title":"Victim, litigant, activist, messiah: the child in a time of climate change","authors":"N. Rogers","doi":"10.4337/9781800881099.00009","DOIUrl":"https://doi.org/10.4337/9781800881099.00009","url":null,"abstract":"In this article, I identify and examine four framings of the child in regard to climate change issues, including activism and policy reform. My focus is on the extent to which children are moving beyond the category of victim and assuming a disparate role and distinctive voice in various climate discourses: as litigant, as activist and as messiah. I explore the changing role of the child as a political, legal and social phenomenon, and consider the extent to which writers of climate and other forms of fiction have anticipated and contribute to these different framings of the child.","PeriodicalId":43831,"journal":{"name":"Journal of Human Rights and the Environment","volume":" ","pages":""},"PeriodicalIF":1.7,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47151377","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}

{"title":"Between the commodity and the gift: the Coastal GasLink pipeline and the contested temporalities of Canadian and Witsuwit'en law","authors":"Tyler McCreary","doi":"10.4337/JHRE.2020.03.06","DOIUrl":"https://doi.org/10.4337/JHRE.2020.03.06","url":null,"abstract":"This article examines the conflicting subjectivities and space-times of Indigenous and colonial law that underpin the recent shutdown of the Canadian economy as people barricaded railways and ports in solidarity with the Witsuwit'en hereditary chiefs’ blockade against the Coastal GasLink pipeline across their territory. The article argues that this conflict between Canadian and Witsuwit'en law reflects fundamental tensions between their respective foundations in relations of the commodity and the gift. Within settler capitalist society, the value of a commodity is constructed relationally through a political economy of exchange that aims to speed transactions to maximize profits. With an ongoing drive for time-space compression, there is continual pressure in settler capitalism to develop new infrastructure that can speed the circulation of commodities. In Witsuwit'en society, the gift presents a contrasting logic of place-time extension. Rather than focusing on closing transactions to increase profits, gift giving stretches reciprocal obligations into the past and future. Contrasting these distinct conceptions of the relationship between value and time, the article argues that the Witsuwit'en struggle with Coastal GasLink should be understood as conflict between colonial temporal enclosures and a radical promise to open futures different to those engendered by the colonial present.","PeriodicalId":43831,"journal":{"name":"Journal of Human Rights and the Environment","volume":" ","pages":""},"PeriodicalIF":1.7,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43631652","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}

{"title":"Morally motivated protest in the face of orthodoxy – environmental crisis and dissent in Australian democracy","authors":"Francine Rochford","doi":"10.4337/JHRE.2020.03.03","DOIUrl":"https://doi.org/10.4337/JHRE.2020.03.03","url":null,"abstract":"The circumstances in which civil disobedience is appropriate are, in most theories of justice, circumscribed and subject to preconditions. In his justification of the role of ‘ambivalent dissidents’, Habermas emphasizes the role of civil disobedience as a corrective to inadequacies in deliberative democracies. Other commentators have bolstered his commentary by exploring the conditions of social power that would justify civil disobedience in a deliberative democracy. This article continues such reflection on the conditions under which civil disobedience are justifiable in complex modern societies, building in particular, on the mass protests of Extinction Rebellion, and exploring the role of communicative freedom as a necessary precondition to the validity of civil disobedience. Manifestations of modern protest appear to inhibit speech: both progressive and conservative interests utilize strategies with potentially censoring effects. ‘No-platforming’, social media pile-ons and online shaming are deployed to effectuate ‘moral education’ in the face of orthodoxy, and defamation suits and other forms of strategic litigation are deployed to leverage existing forms of power. This article will reconsider Habermas' discursive will formation and the place of ‘no-saying’ and mass protest in an established democracy. Building upon the idea of ambivalent dissidents, the article will use the Australian experience to critique mass protest as dissent, and in particular to consider the conditions of environmental crisis justifying a suspension of discursive mediation of norms.","PeriodicalId":43831,"journal":{"name":"Journal of Human Rights and the Environment","volume":"11 1","pages":"54-73"},"PeriodicalIF":1.7,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47492756","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}

{"title":"Can climate activism deliver transformative change? Extinction Rebellion, business and people power","authors":"N. Gunningham","doi":"10.4337/9781800881099.00005","DOIUrl":"https://doi.org/10.4337/9781800881099.00005","url":null,"abstract":"This article examines whether large-scale grassroots activism might be a necessary condition for achieving transformational climate change action, and examines whether Extinction Rebellion (XR), which has had a remarkable impact in a very short time, might – unlike its predecessors – be capable of precipitating such change. Reviewing the evidence, the article suggests that such activism, even if necessary, is unlikely to be sufficient to bring about rapid and radical climate action. It might, however, prove to be an important change agent, through its contribution to a broader coalition of business and civil society actors or through harnessing ‘webs of influence’. How such a coalition might evolve, or web influence play out, is also explored.","PeriodicalId":43831,"journal":{"name":"Journal of Human Rights and the Environment","volume":" ","pages":""},"PeriodicalIF":1.7,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45528162","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}

{"title":"Exploring legitimization strategies for contested uses of citizen-generated data for policy","authors":"A. Suman, S. Schade, Yasuhito Abe","doi":"10.4337/9781800881099.00008","DOIUrl":"https://doi.org/10.4337/9781800881099.00008","url":null,"abstract":"In this article, we investigate how citizens use data they gather as a rhetorical resource for demanding environmental policy interventions and advancing environmental justice claims. While producing citizen-generated data (CGD) can be regarded as a form of ‘social protest’, citizens and interested institutional actors still have to ‘justify’ the role of lay people in producing data on environmental issues. Such actors adopt a variety of arguments to persuade public authorities to recognize CGD as a legitimate resource for policy making and regulation. So far, scant attention has been devoted to inspecting the different legitimization strategies adopted to push for institutional use of CGD. In order to fill this knowledge gap, we examine which distinctive strategies are adopted by interested actors: existing legitimization arguments are clustered, and strategies are outlined, based on a literature review and exemplary cases. We explore the conceivable effects of these strategies on targeted policy uses. Two threads emerge from the research, entailing two complementary arguments: namely that listening to CGD is a governmental obligation and that including CGD is ultimately beneficial for making environmental decisions. We conclude that the most used strategies include showing the scientific strength and contributory potential of CGD, whereas environmental rights and democracy-based strategies are still rare. We discuss why we consider this result to be problematic and outline a future research agenda.","PeriodicalId":43831,"journal":{"name":"Journal of Human Rights and the Environment","volume":" ","pages":""},"PeriodicalIF":1.7,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46313361","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}