Environmental disasters and land grabs as crimes against humanity / Laura Westra.

Format:

Book

Author/Creator:

Westra, Laura, author.

Series:

European political, economic and security issues series.

Environmental science, engineering and technology series.

European Political, Economic and Security Issues

Environmental Science, Engineering and Technology Series

Language:

English

Subjects (All):

Environmental disasters--Law and legislation.

Environmental disasters.

Physical Description:

1 online resource (343 pages).

Edition:

1st ed.

Place of Publication:

New York : Nova Science Publishers, [2018]

Summary:

Increasingly people in every continent of the world are becoming aware of the grave consequences of the current environmental problems, from climate change to unsustainable agricultural growth durations. These consequences include dangerous, environmentally caused results that affect our health and the health of our children, as well as our social well-being and our very basic rights.This book raises a radical question: Can environmental disasters and land grab crimes, in fact, be seen as crimes against humanity? That approach is defended through a number of present legal documents and through existing and novel arguments. With this in mind, who is responsible for the present situation, and who should be held accountable for both damages and harm towards those parties affected?The main problems concern holding governments (who minimally permit, but often promote many of the practices of legal and natural persons) responsible for initiating and supporting the activities that ensure their economic benefit, which is leading to the present impasse. The authors discuss how such individuals can be held accountable singly and collectively for the harms they impose on all life.

Contents:

Intro

Contents

Preface

Introduction

References

Chapter 1

The History and Development of Crimes against Humanity

1. Introduction

2. State and Non-State Actors, International Law and Jus Cogens

2.1. Precedents Based on General Principles of Law and Crimes against Humanity

3. Non-State Actors: Multinational Corporations, Their Nature and Their Role

3.1. The Principles of Nuremberg: The Perpetrators

4. What Is an Environmental Disaster?

4.1. The ICC and the Policy Paper on Case Selection and Prioritisation

4.2. The Crime of Aggression

5. The United Nations System and Universal Jurisdiction

6. The Systemic Root of Environmental Disasters

Part 1: Ecoviolence and Environmental Disasters

Chapter 2

Crimes against Humanity and Ecological Disasters

2. Crimes against Humanity and Climate Change

2.1. A "Lawless World" and Global Warming: Environmental Disasters and Domestic Law

2.2. Water as Danger and the Negative Consequences of Climate Change

2.3. The Kivalina Complaint and "Civil Conspiracy Allegations"

3. Environmental Disasters and Criminal Responsibility

3.1. The Use of Analogy for Environmental Crimes

4. Does any Legal Means Exist to Restrain Harmful Activities Involving the Environment?

4.1. Environmental Law in Conflict Situations

4.2. Sustainable Development and "Post-Truth" Politics

4.3. The Lie of Sustainable Development

5. Ecocrimes and Existing Law Regimes: Some Further Aspects of Climate Change

5.1. Environmental Disasters and Ecocrimes Attacks on Biodiversity and Ecological Integrity

5.2. Ecocrimes and Water: The International Law of the Sea

6. Crimes against Humanity and the Common Heritage of Humankind

Chapter 3

Crimes against Humanity and the Right to Health

1. Introduction.

1.1. Environmental Disasters and Public Health: The Role of Epidemiology

1.2. Environmental Disasters and Public Health Today

2. From the Rights of the Child to Intergenerational Justice

3. A "New Branch of Pediatrics": The Developing Field of "Children's Environmental Health"

4. Crimes against Humanity and the Right to Life and Normal Development

5. Crimes against Humanity and "Capacity Responsibility"

6. The Right to Health and Environmental Disasters

6.1. A Framework Convention on Global Health (FCGH)

Part 2: Ecoviolence and Land Grabbing

Chapter 4

Ecoviolence, Land Grabbing and the Right to Food

1. Introduction: Approaches to Land Grabbing

2. The Right to Food and Water and Land Grabbing as a Breach of Human Rights

3. Corporate Land Grabs and Food Scarcity

3.1. Land Grabs, Food Scarcity and International Law

3.2. The FAO Report on Hunger and Climate Change

3.3. Climate Change and Land Grabbing

3.4. The State's Role: Beyond "Gatekeeping"

4. Accountability for Land Grabbing

4.1. Agribusiness and Its Corporate Power: The Quest/ Acceptance of Economic and Other Benefits as Corruption

5. Multiple Forms of Land Grabs: Quantitative and Qualitative Loss of Control

Chapter 5

Ecoviolence, Land Grabbing and the Right to Be Free from Racial Discrimination

1. The World Bank, Indigenous Peoples and the Issue of Consent

2. Internal Issues within the World Bank: Consent or Consultation? The Meaning of "Free," "Prior" and "Informed"

3. Indigenous Peoples and Land Grabs: Non-Food Dispossessions

3.1. Native Title in Australia: Mabo v. Queensland

3.2. Canadian First Nations and Sui Generis Land-Based Rights

4. Land Grabs and the Rights of Peoples

4.1. Development and Food-Related Land Grabs in the Third World.

4.2. An Aside on the Philosophical and Political Roots of Labelling as Naming

5. Land Grabbing in All Continents and Sustainable Development

5.1. Development in Conflict with the Integrity of Life Support System

6. Land Grabs as Crimes against Humanity: The Presbyterian Church of Sudan, Rev. John Gaduel, Nuer Community, Development Services and Others V. Talisman Energy Inc.

Chapter 6

Crimes against Humanity: Legal Pathways and Approaches to Justice

2. A Question of Responsibility and Accountability

3. Does Anything Exist Today to Identify and Punish the Perpetrators of Environmental Crimes against Humanity?

3.1. Climate Change and State Obligations

3.2. Other Land Grabs: Unacknowledged and Intractable Today

4. A Difficult Question: Green Land Grabs Revisited

4.1. What Is Ecological Integrity?

4.2. Green Land Grabs: From Theoretical Reasons for Protection to the Reality of Dispossession

5. The Reality of Dispossession

5.1. From Social Catastrophe to Crimes against Humanity

5.2. Can These Crimes against Humanity Be Prevented?

About the Author

Index

Blank Page.

Notes:

Description based on print version record.

ISBN:

9781536141450

1536141453

OCLC:

1060605794