Globalizing Social Justice

Globalizing Social Justice
Author: Jeffrey Atkinson
Publisher: Springer
Total Pages: 271
Release: 2009-09-30
Genre: Political Science
ISBN: 0230277934

A study of the international NGO advocacy for social and environmental justice, it looks at the fundamental issues of legitimacy, accountability and democracy that such activities involve and how they are manifested. It presents case studies on trade issues, labour rights, extractive industries and indigenous people in Asia and South America.

Human Rights Trade-Offs in Times of Economic Growth

Human Rights Trade-Offs in Times of Economic Growth
Author: Areli Valencia
Publisher: Springer
Total Pages: 297
Release: 2016-11-03
Genre: Political Science
ISBN: 1137488689

This book uncovers a historical dependency on smelting activities that has trapped inhabitants of La Oroya, Peru, in a context of systemic lack of freedom. La Oroya has been named one of the most polluted places on the planet by the US Blacksmith Institute. Residents face the dilemma of whether to defend their health or to preserve job stability at the local smelter, the main source of toxic pollution in town. Valencia unpacks this paradoxical human rights trade-off. This context, shaped by social, historical, political, and economic factors, increases people’s vulnerabilities and decreases their ability to choose, resulting in residents' trading off their right to health in order to work. This book shows the deep connection of this local dilemma to the country’s national paradox, arising out of Peru's vision of natural resource extraction as the main path to secure economic growth for the entire country at the expense of some groups.

Non-State Actors, Soft Law and Protective Regimes

Non-State Actors, Soft Law and Protective Regimes
Author: Cecilia Bailliet
Publisher: Cambridge University Press
Total Pages: 317
Release: 2012-08-09
Genre: Law
ISBN: 1107021855

This volume of essays examines challenges presented by non-state actors, quasi-legal norms, and gaps within normative and institutional frameworks.

Rule of Law for Nature

Rule of Law for Nature
Author: Christina Voigt
Publisher: Cambridge University Press
Total Pages: 409
Release: 2013-11-21
Genre: Law
ISBN: 1107513219

'Human laws must be reformulated to keep human activities in harmony with the unchanging and universal laws of nature.' This 1987 statement by the World Commission on Environment and Development has never been more relevant and urgent than it is today. Despite the many legal responses to various environmental problems, more greenhouse gases than ever before are being released into the atmosphere, biological diversity is rapidly declining and fish stocks in the oceans are dwindling. This book challenges the doctrinal construction of environmental law and presents an innovative legal approach to ecological sustainability: a rule of law for nature which guides and transcends ordinary written laws and extends fundamental principles of respect, integrity and legal security to the non-human world.

Judge Knot

Judge Knot
Author: Todd N. Tucker
Publisher: Anthem Press
Total Pages: 226
Release: 2018-03-30
Genre: Law
ISBN: 1783087935

‘Judge Knot’ explores the biggest and the most controversial success story in international law: investor-state dispute settlement, or ISDS. Since 1990, investors have launched hundreds of claims against government regulation. This exclusive inside look explains what makes the system tick: its poorly understood centuries-old origins, why corporations demand investment law solutions to political problems, how arbitrators supply these solutions, and why the system lasts despite the many politicians and citizens unhappy with it. Building off of an unprecedented set of interviews with the arbitrators who actually decide the cases, ‘Judge Knot’ brings together the best of political science, law and development economics scholarship and offers a concrete alternative to ISDS that leverages what works about the system and discards what does not, so that international law can be more supportive of democracy and development goals.

Unearthing Conflict

Unearthing Conflict
Author: Fabiana Li
Publisher: Duke University Press
Total Pages: 414
Release: 2015-05-17
Genre: Social Science
ISBN: 0822375869

In Unearthing Conflict Fabiana Li analyzes the aggressive expansion and modernization of mining in Peru since the 1990s to tease out the dynamics of mining-based protests. Issues of water scarcity and pollution, the loss of farmland, and the degradation of sacred land are especially contentious. She traces the emergence of the conflicts by discussing the smelter-town of La Oroya—where people have lived with toxic emissions for almost a century—before focusing her analysis on the relatively new Yanacocha gold mega-mine. Debates about what kinds of knowledge count as legitimate, Li argues, lie at the core of activist and corporate mining campaigns. Li pushes against the concept of "equivalence"—or methods with which to quantify and compare things such as pollution—to explain how opposing groups interpret environmental regulations, assess a project’s potential impacts, and negotiate monetary compensation for damages. This politics of equivalence is central to these mining controversies, and Li uncovers the mechanisms through which competing parties create knowledge, assign value, arrive at contrasting definitions of pollution, and construct the Peruvian mountains as spaces under constant negotiation.