International law has evolved to protect human rights. But what arehuman rights? Does the term have the same meaning in a world beingtransformed by climate change and globalized trade? Are existing lawssufficient to ensure humanity’s survival?

Drawing on case law and practice and examples from philosophy, law,and ecology, Laura Westra argues that the current system is notadequate: international law privileges individual over collectiverights, permitting multinational corporations to overlook thecollectivity and the environment in their quest for wealth and power.Unless policy makers redefine human rights and reformulateenvironmental law and policies to protect the preconditions for lifeitself -- water, food, clean air, and biodiversity -- humankind facesthe complete loss of the ecological commons, the preservation of whichis one of our most basic human rights. A new kind of cosmopolitanism,one centred on the United Nations, offers the best hope for preservingour common heritage and the survival of future generations.

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Laura Westra argues that international and environmental law must place the rights of the collective before those of the individual if we are to protect our common heritage -- the environment, its air, water, and biodiversity -- and ensure humanity’s survival.
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Foreword / William E. Rees

Introduction

Part 1: Basic Collective Rights for Law and Morality -- TheTheory

1 Individual Rights and Collective Rights in Conflict: TheEcocentric Perspective and the Commons

2 The Common Good and the Public Interest: Jus Cogens Norms and ErgaOmnes Obligations in a Lawless World

3 Communities and Collectives: The Interface

Part 2: Collective Rights, Globalization, and Democracy --The Practice

4 Collective Basic Rights Today

5 Globalization, Democracy, and Collective Rights

6 Cosmopolitanism, the Moral Community, and Collective HumanRights

Part 3: Toward a New Cosmopolitanism

7 World Law or International Legal Instruments? Toward theProtection of Basic Collective Human Rights

Conclusion

Notes

Works Cited

Index
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A key feature of this book is that it deals with both moral and legal arguments. It also draws on Greek philosophy. This reflects the author’s strength as a scholar of both philosophy and law. There are few authors in the environmental and international law fields that can bring this breadth of material and thought to bear on such a critical subject.
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A timely warning that legal conceptions of human rights must change ifwe are to achieve true sustainability and justice for futuregenerations.

Produktdetaljer

ISBN
9780774821186
Publisert
2012
Utgiver
Vendor
University of British Columbia Press
Vekt
560 gr
Høyde
229 mm
Bredde
152 mm
Aldersnivå
G, 01
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
392

Forfatter

Biographical note

Laura Westra holds doctorates in both philosophy andjurisprudence, and has taught in the fields of philosophy, ethics, andenvironmental law at several US, Canadian, and Italian universities.