Children and the Environment : Pathways to Legal Protection / Angeliki Papantoniou.

Format:

Book

Author/Creator:

Papantoniou, Angeliki, author.

Series:

Queen Mary studies in international law ; Volume 50.

Queen Mary Studies in International Law Series ; Volume 50

Language:

English

Subjects (All):

Children (International law).

Children--Effect of environment on.

Children.

Children--Legal status, laws, etc--European Union countries.

Children and the environment.

Environmentally induced diseases in children.

Physical Description:

1 online resource (277 pages)

Edition:

First edition.

Place of Publication:

Leiden, The Netherlands : Koninklijke Brill nv, [2022]

Summary:

"Children and the Environment offers a unique perspective on the legal protection of children from environmental degradation, a global topic of increasing significance. An original in recent literature, the book calls for viewing children as central in environmental decision-making and presents law and policy proposals, based on current international and regional trends, on topics such as, human rights, climate change and the protection from toxics"-- Provided by publisher.

Contents:

Half Title

Series Information

Title Page

Copyright Page

Contents

Preface

Acknowledgments

Introduction

1 Children's Particular Vulnerability to Environmental Threats

2 Known and Emerging Environmental Threats to Children's Health

2.1 Traditional Environmental Threats

2.2 Emerging Threats

2.3 Poverty

2.4 Overlapping Environmental Threats

3 The Response of Science

4 The Response of International Organisations and Institutions

5 Binding Obligations in International Law

6 Book's Scope and Limitations

Part 1 Vulnerability

Chapter 1 Children's Universal Vulnerability against Environmental Degradation: Prioritising Children's Needs in Environmental Related Policy and Law

1 Introduction

1.1 Going beyond a Uniform Definition of Vulnerability in International Law

2 Vulnerability in Legal Theory

2.1 Martha Albertson Fineman's Universal Vulnerability Theory

2.1.1 Critique on Equality Theory

2.1.2 Moving from the Autonomous Liberal Subject to Universal Vulnerability

2.1.3 The Paradox of Vulnerability: Capturing Both Universality and Particularity

2.2 Vulnerability and the Justification for Children's Rights

2.3 Ontological Vulnerability-Linking Human Rights and the Environment

2.3.1 Turner's Theory of Vulnerability

2.3.2 Human Rights and the Environment

2.4 Conclusions from Theory

3 Vulnerability in Climate Change Adaptation, the Inevitable Factor

3.1 Children

4 Vulnerability in Natural Disasters and Poverty

5 Endorsing Children's Universal Vulnerability against Environmental Threats: The Underlying Condition for Pathways to Protection

Chapter 2 Affirming Children's Universal Vulnerability in Environmental Matters, the Paradigm of Youth Climate Change Action

2 Intergenerational Equity and Climate Change Litigation-Preliminary Remarks.

3 Intergenerational Equity and Children's Rights in Climate Change National Case-Law

4 Equality and Vulnerability: Putting Children's Claims at the Heart of Climate Change Policy and Law

5 United Nations and Children in Climate Change Negotiations

6 Pathways to Legal Protection, Climate Change Youth Action

Part 2 Rights

Chapter 3 Children's Rights and the Environment

2 Children's Rights and the Environment

2.1 The United Nations Convention on the Rights of the Child

2.2 Business and Children's Rights

3 Extra-Territorial Jurisdiction

3.1 The Advisory Opinion on Human Rights and the Environment

3.2 The EU Draft Directive on Human Rights and Environmental Due Diligence

4 Towards the Recognition of a Right to Healthy Environment in International Law

4.1 Global Recognition of a Right to a Healthy Environment

4.1.1 The Advisory Opinion of the Inter-American Court, Making the Right Justiciable

5 The Right of the Child to Participate in Environmental Matters

5.1 uncrc Article 12

5.2 Procedural Environmental Rights

5.2.1 The Three Pillars of Procedural Environmental Rights

5.2.2 The Aarhus Convention

5.2.3 The Escazú Agreement

5.2.4 Procedural Environmental Rights in the European Court of Human Rights and the Inter-American Court of Human Rights

6 Pathways to Children' Protection, Children's Rights and the Environment

Chapter 4 The Right to the Highest Attainable Standard of Health of the Child

2 Why Start with the Right to the Highest Attainable Standard of Health

3 The Right to Health in International Law, Scope and Application to Environmental Degradation

4 The Definition of Health

5 Applicable Principles and Standards for the Realisation of the Child's Right to Health under the uncrc.

6 The Criteria of Availability, Accessibility, Acceptability and Quality

7 The Obligation to Protect, Respect and Fulfil

8 The 'Action Cycle' for the Realisation of the Right

9 Building Capacities for the Realisation of the Right to Health of the Child in Environmental Matters

10 Pathways to Children's Protection, Right to Health

Part 3 European Union

The EU's Commitment to Protect Children's Environmental Health

1 The EU's Commitment to Protecting Children's Rights and Environmental Health

2 Charter on the Fundamental Rights of the European Union and the Treaty of the Functioning of the European Union

Chapter 5 Chemicals

2 Reach

2.1 General Considerations

2.2 Reach Procedure: Registration, Evaluation, Authorisation

2.3 The Role of Information in reach

2.4 Evaluation of reach in Addressing Children's Particular Vulnerability to Chemicals

3 The Regulation of Pesticides and Biocides in the EU

3.1 Pesticides

3.2 Biocides

3.3 Evaluation of Pesticides and Biocides Regulations

4 Toys and Other Consumer Products

5 Overall Evaluation

6 Pathways to Children's Protection, Chemicals

Chapter 6 Clean Air

1 Air Quality Directive

2 Industrial Emissions

3 Overall Evaluation

4 Pathways to Children's Protection Clean Air

Chapter 7 Waste Management

1 EU Waste Framework Directive

1.1 Definition of 'Waste'

1.2 Hazardous Waste

1.3 Waste Hierarchy

1.4 Waste Management and Its Costs

1.5 Waste Management Plans

1.6 fwd Protecting Children's Health

2 Shipment of Waste

3 Ship Recycling

4 Landfills

4.1 'Landfill'

4.2 National Strategy

5 Pathways to Children's Protection, Waste Management

Chapter 8 Environmental Assessments: Environmental Impact Assessment and Strategic Environmental Assessment

1 Introduction.

2 Brief Description of Environmental Assessments

2.1 Environmental Impact Assessment

2.2 Strategic Environmental Assessment

2.3 Environmental Assessments' Structure

3 The Environmental Impact Assessment Directive

3.1 Directive's Provisions

3.1.1 Evaluation

3.2 Protection of Children's Health

3.3 Overall Evaluation

4 The Strategic Environmental Assessment Directive

4.1 Directive's Provisions

4.1.1 Overall Evaluation

5 The Human Rights Critique on the eia and sea Processes

6 Pathways to Children's Protection, Environmental Assessments

Children and the Environment, Pathways to Legal Protection: Conclusion Parts i, ii and iii

Bibliography

Books and Articles

Treaties

International

European Union

List of Cases

International Court of Justice

International Tribunal for the Law of the Sea

European Court of Human Rights (Cases and Other Materials)

Inter-American Court of Human Rights

Court of Justice of the European Union

Aarhus Convention Compliance Committee

National Courts

Newspaper Articles

Webpages

Index.

Notes:

Description based on publisher supplied metadata and other sources.

Description based on print version record.

Includes bibliographical references and index.

Other Format:

Print version: Papantoniou, Angeliki Children and the Environment

ISBN:

9789004530089