Volume-2 Issue-II
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Think Globally, Act Locally Public Health and the Anthropocene Evidence Review
Think Globally, Act Locally Public Health and the Anthropocene Evidence Review Dr. Trevor Hancock, Hon FFPH Retired Professor and Senior Scholar School of Public Health and Social Policy, University of Victoria Prepared For: The Public Health Agency of Canada Contract No: 4500412213 Date: September 4, 2020 PUBLIC HEALTH ASSOCIATION OF BC | #550-2950 Douglas Street, Victoria, BC, V8T 4N4 Phone: 250-595-8422 | Email: [email protected] | Website: phabc.org This publication was produced by PHABC with funding from the Public Health Agency of Canada. The opinions expressed in this publication are those of the authors/researchers and do not necessarily reflect the official views of the Public Health Agenc y of Canada. Think Globally, Act Locally Public Health and the Anthropocene Evidence Review Table of Contents Preamble ................................................................................................................................................................................................... 2 1. Welcome to the Anthropocene ........................................................................................................................................................... 4 a) The Anthropocene as a Geological Phenomenon ............................................................................................................................ 4 b) The Anthropocene as an Ecological Phenomenon ........................................................................................................................... 5 -
A Firm Grip on Nature: the Economic Case for Environmental Personhood
ISSN 1178-2293 (Online) University of Otago Economics Discussion Papers No. 2104 JUNE 2021 A firm grip on nature: The economic case for environmental personhood Viktoria Kahui*, Claire W. Armstrong** and Margrethe Aanesen*** * The University of Otago, New Zealand; corresponding author: [email protected] ** UiT The Arctic University of Norway *** Center for Applied Research, Norwegian School of Economics and Business Address for correspondence: Viktoria Kahui Department of Economics University of Otago PO Box 56 Dunedin NEW ZEALAND Email: [email protected] Telephone: 64 3 479 5278 A firm grip on nature: The economic case for environmental personhood. Viktoria Kahui*, Claire W. Armstrong** and Margrethe Aanesen*** * The University of Otago, New Zealand; corresponding author: [email protected] ** UiT The Arctic University of Norway *** Center for Applied Research, Norwegian School of Economics and Business Administration, Norway Abstract Nature is declining at unprecedented rates. We posit that the external effects of ecosystem degradation can be understood as a lack of property rights of stakeholders advocating on behalf of future generations and the intrinsic value of natural systems. The attempt to capture such property rights represents a transaction cost that is borne by environmental, indigenous and climate change movements. A number of environments worldwide have now been accorded Environmental Personhood (EP). We link the evolution of EP as nature’s equivalent of the firm to the history of corporations as legal entities. An economic case can be made for EPs to allow for 1) the objective of capturing total economic value subject to protecting the environment’s intrinsic value which is represented by the capability of the natural system to maintain its ecosystem functions; 2) a property rights structure opening for ecosystem trade- offs among stakeholders, including those advocating on behalf of the environment and future generations; and 3) interactions among stakeholders that mediate transaction costs. -
1 Equitably Ending the Fossil Fuel Era: Climate Justice, Capital, & The
Equitably Ending the Fossil Fuel Era: Climate Justice, Capital, & the Carbon Budget Georges Alexandre Lenferna A dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy University of Washington 2019 Reading Committee: Stephen Gardiner, Chair Carina Fourie Aseem Prakash Michael Blake Program Authorized to Offer Degree: Department of Philosophy 1 ©Copyright 2019 Georges Alexandre Lenferna 2 University of Washington Abstract Equitably Ending the Fossil Fuel Era: Climate Justice, Capital, & the Carbon Budget Georges Alexandre Lenferna Chair of the Supervisory Committee: Stephen Gardiner Department of Philosophy This dissertation makes the moral case for equitably transitioning away from fossil fuels in line with keeping global warming as close as possible to the Paris Climate Agreement’s more stringent target of keeping global warming to 1.5°C above pre-industrial levels. It argues that we should do so while relying as little as possible on risky and uncertain negative emissions and geoengineering technologies, as doing so might prolong the fossil fuel era and pose grave potential costs both to the present and future generations. The dissertation addresses a central objection to the moral imperative to transition away from fossil fuels, namely that it will detrimentally impact the poor and vulnerable. It argues in response that protecting the interests of the poor and vulnerable is best achieved through a rapid yet just transition away from fossil fuels. Based on the moral case to transition away from fossil fuels in line with 1.5°C the dissertation also explores what personal moral responsibility individuals have to take action to reduce fossil fuel usage and act on climate change. -
Exploring Environmental Personhood for Celestial Bodies
Chicago Journal of International Law Volume 21 Number 2 Article 7 1-1-2021 The Legal Man in the Moon: Exploring Environmental Personhood for Celestial Bodies William B. Altabef Follow this and additional works at: https://chicagounbound.uchicago.edu/cjil Part of the Law Commons Recommended Citation Altabef, William B. (2021) "The Legal Man in the Moon: Exploring Environmental Personhood for Celestial Bodies," Chicago Journal of International Law: Vol. 21: No. 2, Article 7. Available at: https://chicagounbound.uchicago.edu/cjil/vol21/iss2/7 This Article is brought to you for free and open access by Chicago Unbound. It has been accepted for inclusion in Chicago Journal of International Law by an authorized editor of Chicago Unbound. For more information, please contact [email protected]. The Legal Man in the Moon: Exploring Environmental Personhood for Celestial Bodies William B. Altabef Abstract The rise of the commercial space industry endangers the preservation of environments, such as the lunar surface and other celestial bodies, with the threat of contamination and resource exploitation. In the coming decades, flights to space will become commonplace—but at present, there is no way to hold outer space polluters accountable. The existing international legal regime is weak, with the United Nations’ space treaties offering limited enforcement mechanisms against offenders. The increasingly popular concept of environmental personhood offers a solution by rethinking the meaning of a juridical person within the text of the United Nations Outer Space, Space Liability, and Moon treaties. Utilizing the International Court of Justice, outer space environmentalists can seek to recognize celestial bodies as juridical persons and gain third-party standing to protect the rights of the Moon and seek damages for environmental degradation. -
The Question of Algorithmic Personhood and Being
Article The Question of Algorithmic Personhood and Being (Or: On the Tenuous Nature of Human Status and Humanity Tests in Virtual Spaces—Why All Souls Are ‘Necessarily’ Equal When Considered as Energy) Tyler Lance Jaynes Alden March Bioethics Institute, Albany Medical College, Albany, NY 12208, USA; [email protected] Abstract: What separates the unique nature of human consciousness and that of an entity that can only perceive the world via strict logic-based structures? Rather than assume that there is some potential way in which logic-only existence is non-feasible, our species would be better served by assuming that such sentient existence is feasible. Under this assumption, artificial intelligence systems (AIS), which are creations that run solely upon logic to process data, even with self-learning architectures, should therefore not face the opposition they have to gaining some legal duties and protections insofar as they are sophisticated enough to display consciousness akin to humans. Should our species enable AIS to gain a digital body to inhabit (if we have not already done so), it is more pressing than ever that solid arguments be made as to how humanity can accept AIS as being cognizant of the same degree as we ourselves claim to be. By accepting the notion that AIS can and will be able to fool our senses into believing in their claim to possessing a will or ego, we may yet Citation: Jaynes, T.L. The Question have a chance to address them as equals before some unforgivable travesty occurs betwixt ourselves of Algorithmic Personhood and Being and these super-computing beings. -
The Constitution United States of America
This publication supplements Senate Document 112–9, The Constitution of the United States of America: Analysis and Interpretation—it should be inserted into the pocket on the inside back cover of that volume 115th Congress DOCUMENT " SENATE ! 2d Session No. 115–8 THE CONSTITUTION OF THE UNITED STATES OF AMERICA ANALYSIS AND INTERPRETATION 2018 SUPPLEMENT ANALYSIS OF CASES DECIDED BY THE SUPREME COURT OF THE UNITED STATES TO JUNE 28, 2018 PREPARED BY THE CONGRESSIONAL RESEARCH SERVICE LIBRARY OF CONGRESS VALERIE BRANNON CAITLAIN DEVEREAUX LEWIS ANDREW NOLAN ATTORNEY EDITORS GEORGIA GKOULGKOUNTINA MEGHAN TOTTEN LEGAL EDITORS U.S. GOVERNMENT PUBLISHING OFFICE 31–344 WASHINGTON : 2018 Online Version: www.gpo.gov/constitutionannotated For sale by the Superintendent of Documents, U.S. Government Publishing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area (202) 512-1800 Fax: (202) 512-2104 Mail: Stop IDCC, Washington, DC 20402–0001 ISBN 978-0-16-094937-1 31-344_CX.pdf 1 10/25/18 11:49 AM 31-344_CX.pdf 2 10/25/18 11:49 AM CONTENTS CONTENTS ............................................................................................................... 1 ARTICLE I ................................................................................................................ 2 ARTICLE II .............................................................................................................19 ARTICLE III ...........................................................................................................29 ARTICLE -
Towards Juridical Personhood for an Ecosystem Nicholas Bilof Golden Gate University School of Law
Golden Gate University Environmental Law Journal Volume 10 | Issue 1 Article 6 May 2018 The Right to Flourish, Regenerate, and Evolve: Towards Juridical Personhood for an Ecosystem Nicholas Bilof Golden Gate University School of Law Follow this and additional works at: https://digitalcommons.law.ggu.edu/gguelj Part of the Environmental Law Commons, and the Water Law Commons Recommended Citation Nicholas Bilof, The Right to Flourish, Regenerate, and Evolve: Towards Juridical Personhood for an Ecosystem, 10 Golden Gate U. Envtl. L.J. 111 (2018). https://digitalcommons.law.ggu.edu/gguelj/vol10/iss1/6 This Article is brought to you for free and open access by the Academic Journals at GGU Law Digital Commons. It has been accepted for inclusion in Golden Gate University Environmental Law Journal by an authorized editor of GGU Law Digital Commons. For more information, please contact [email protected]. Bilof: The Right to Flourish, Regenerate, and Evolve THE RIGHT TO FLOURISH, REGENERATE, AND EVOLVE: TOWARDS JURIDICAL PERSONHOOD FOR AN ECOSYSTEM NICHOLAS BILOF 1 I. INTRODUCTION: THE RIVER THAT OOZED RATHER THAN FLOWED On June 22, 1969, the Cuyahoga River in Cleveland ignited into flames as a passing train spattered sparks into its water. When TIME magazine published photos of the Cuyahoga burning alongside a story that described the river as “so saturated with sewage and industrial waste that it ‘oozes rather than flows,’” concern erupted across the country.2 In retrospect a half-century later, TIME noted that “the flaming Cuyahoga became a figurehead -
THE ASCENT from LEGAL OBJECT to LEGAL PERSON (Analysis)
RIGHTS OF NATURE : THE ASCENT FROM LEGAL OBJECT TO LEGAL PERS…O Blog for Animal and Environmental Jurisprudence and Rights 09/08/20, 7:19 PM NLUO BLOG FOR ANIMAL AND ENVIRONMENTAL JURISPRUDENCE AND RIGHTS JULY 20, 2020JULY 20, 2020 NLUO BLOG FOR ANIMAL & ENVIRONMENTAL JURISPRUDENCE AND RIGHTS ARTICLES & DISCUSSIONS, GUEST CONTRIBUTION RIGHTS OF NATURE : THE ASCENT FROM LEGAL OBJECT TO LEGAL PERSON (Analysis) By Mr. Harsh Vardhan Bhati* “The Bihari boatman knows the Ganga as a sanctuary for smooth-coated otters and the critically endangered blind dolphins, cousins of the Amazonian pink boto and the Yangtze River’s baiji. The Dalit fisherfolk know it as the mother of Toofani Baba, their stormy guardian. The Muslims know the river as the place where tazia is immersed on Muharram to celebrate the martyrdom of the Prophet’s grandson and his seventy-two companions. The Buddhists know the river as the metaphor through which the Buddha illustrated many of his teachings. The activist Rakesh Jaiswal knows his stretch of the Ganga in Kanpur as a river plagued with toxic tannery waste, harsh enough to make human skin disintegrate. And many know the river as the place where the ashes of their ancestors disappeared.”[i] Introduction First Nations people have always intuited how trees actually communicate with each other.[ii] They’ve had a dialogue with nature for tens of thousands of years because, in their cosmology, the earth was never mindless or impersonal, it was a sentient life force woven into everything. The mountains talked, the rivers whispered, the land remembered.[iii] It was a source of emotional and spiritual sustenance, one that we – in our industrial, urban hunger – had failed to register.[iv] In 1979, James Lovelock published a slim volume entitled “Gaia: A New Look at Life on Earth”. -
Supreet Kaur (B.Com, LL.B., LL.M
INTERNATIONAL JOURNAL FOR LEGAL RESEARCH & ANALYSIS (ISSN 2582 – 6433) VOLUME I ISSUE IV (SEPTEMBER 2020) Email – [email protected] Website – www.ijlra.com 56565656565651 www.ijlra.com Volume IIssue IV|September 2020 ISSN: 2582-6433 DISCLAIMER No part of this publication may be reproduced or copied in any form by any means without prior written permission of Managing Editor of IJLRA. The views expressed in this publication are purely personal opinions of the authors and do not reflect the views of the Editorial Team of IJLRA. Though every effort has been made to ensure that the information in Volume I Issue IV is accurate and appropriately cited/referenced, neither the Editorial Board nor IJLRA shall be held liable or responsible in any manner whatsever for any consequences for any action taken by anyone on the basis of information in the Journal. Copyright © International Journal for Legal Research & Analysis 1 www.ijlra.com Volume IIssue IV|September 2020 ISSN: 2582-6433 EDITORIAL TEAM EDITORS Ms. Ezhiloviya S.P. Nalsar Passout Ms. Priya Singh West Bengal National University of Juridical Science Mr. Ritesh Kumar Nalsar Passout Mrs. Pooja Kothari Practicing Advocate Dr. Shweta Dhand Assistant Professor 2 www.ijlra.com Volume IIssue IV|September 2020 ISSN: 2582-6433 A WORD FROM THE TEAM IJLRA:(ISSN: 2582-6433) is proud to complete its Volume I Issue IV. The current issue consists of articles, short notes, case comments, legislative comments and book reviews, contributed by advocates, academicians, researchers & students from all parts of the country. Each contribution has been thoroughly examined by our editorial team to provide a filtered and quality read. -
SYNOPSIS of DEBATE ______(Proceedings Other Than Questions and Answers) ______Tuesday, December 01, 2015/ Agrahayana 10, 1937 (Saka) ______
RAJYA SABHA _______ SYNOPSIS OF DEBATE _______ (Proceedings other than Questions and Answers) _______ Tuesday, December 01, 2015/ Agrahayana 10, 1937 (Saka) _______ Discussion on Commitment to India’s Constitution as Part of the 125th Birth Anniversary Celebration of Dr. B.R. Ambedkar - Contd. SHRI RAJEEV CHANDRASEKHAR: We must be proud of our Constitution and thankful to our founding fathers for it. The Constitution envisaged a nation lived by the rule of law with equal rights and justice for all without any discrimination, freedom of expression and property rights. But rule of law is ineffective and repeatedly violated. Delayed justice is threatening the whole idea of citizenship. Violence has been repeatedly used as a political tool for several decades. Our Constitution and vision of our founding fathers continues to be violated and vitiated in states, institutions and around the country. In the last 75 years, the rule of law is being violated. We are still struggling to deal with the basic issue of poverty and justice even after 70 years of Independence. We should stay engaged in ensuring development, prosperity, equity and justice for all. A lot more needs to be done than making flowery speeches and help in transforming the country. SHRI K.C. TYAGI: Sincere efforts are needed in building of a country and society. Founding fathers of the Constitution of India ___________________________________________________ This Synopsis is not an authoritative record of the proceedings of the Rajya Sabha. 42 gave their best in framing this Constitution. We are tolerant people who have respect for one and all. Pt. Jawahar Lal Nehru is the founder of modern India. -
Green Crimes and International Criminal Law
Green Crimes and International Criminal Law Edited by Regina M. Paulose International Criminal Law Attorney Series in Law Copyright © 2021 by the authors. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of Vernon Art and Science Inc. www.vernonpress.com In the Americas: In the rest of the world: Vernon Press Vernon Press 1000 N West Street, Suite 1200 C/Sancti Espiritu 17, Wilmington, Delaware, 19801 Malaga, 29006 United States Spain Series in Law Library of Congress Control Number: 2021930376 ISBN: 978-1-64889-109-0 Cover design by Vernon Press. Cover image by Sagina Vadakal and Tess M. Paulose. Product and company names mentioned in this work are the trademarks of their respective owners. While every care has been taken in preparing this work, neither the authors nor Vernon Art and Science Inc. may be held responsible for any loss or damage caused or alleged to be caused directly or indirectly by the information contained in it. Every effort has been made to trace all copyright holders, but if any have been inadvertently overlooked the publisher will be pleased to include any necessary credits in any subsequent reprint or edition. Table of contents Foreword v Introduction vii Regina Menachery Paulose International Criminal Law Attorney List of Abbreviations xi Chapter 1 Green Criminology: A rights-based approach 1 Dr. Zoi Aliozi International Human Rights Lawyer Chapter 2 Environmental Personhood Towards a Rights Based Approach for Nature and Humanity 35 Prayank Jain The Fletcher School of Law and Diplomacy, Tufts Chapter 3 Addressing Environmental Harm in Conflicts within Africa: Scope for International Criminal Law? 65 Damian Etone University of Stirling Chapter 4 Legal challenges to the inclusion of a crime of ecocide in the Rome Statute of the International Criminal Court 107 Beatrice L. -
India Puttaswamy 1 Joint Judgment 2018
JAGDISH SINGH KHEHAR CJI, R K AGRAWAL J, D Y CHANDRACHUD ,and S ABDUL NAZEER J (read by Dr D Y CHANDRACHUD, J): This judgment has been divided into sections to facilitate analysis. They are : A The reference B Decision in M P Sharma C Decision in Kharak Singh D Gopalan doctrine: fundamental rights as isolated silos E Cooper and Maneka: Interrelationship between rights F Origins of privacy G Natural and inalienable rights H Evolution of the privacy doctrine in India I The Indian Constitution • Preamble • Jurisprudence on dignity • Fundamental Rights cases • No waiver of Fundamental Rights • Privacy as intrinsic to freedom and liberty • Discordant Notes : (i) ADM Jabalpur (ii) Suresh Koushal J India’s commitments under International law K Comparative law on privacy (i) UK decisions (ii) US Supreme Court decisions (iii) Constitutional right to privacy in South Africa (iv) Constitutional right to privacy in Canada (v) Privacy under the European Convention on Human Rights and the European Charter (vi) Decisions of the Inter-American Court of Human Rights L Criticisms of the privacy doctrine a Thomson’s Reductionism b Posner’s Economic critique c Bork’s critique d Feminist critique M Constituent Assembly and privacy: limits of originalist interpretation N Is the statutory protection to privacy reason to deny a constitutional right? O Not an elitist construct P Not just a common law right Q Substantive Due Process R Essential nature of privacy S Informational privacy T Conclusions PART A The reference 1 Nine judges of this Court assembled to determine whether privacy is a constitutionally protected value.