White House Environmental Justice Advisory Council

Total Page:16

File Type:pdf, Size:1020Kb

White House Environmental Justice Advisory Council White House Environmental Justice Advisory Council Final Recommendations: Justice40 Climate and Economic Justice Screening Tool & Executive Order 12898 Revisions May 21, 2021 WHEJAC Final Report Executive Order 14008 ACKNOWLEDGEMENTS The White House Environmental Justice Advisory Council (WHEJAC) acknowledges the efforts of the NEJAC Executive Order 12898 Revisions Work Group, Justice40 Initiative Work Group and Climate and Economic Justice Screening Tool Work Group in preparing the initial draft of this report. The WHEJAC acknowledges the stakeholders and community members who participated in the work groups’ deliberation by providing public comments. In addition, the work groups’ efforts were supported by the U.S. Environmental Protection Agency staff, notably, Karen L. Martin as the Designated Federal Officer, George Q.E. Ward and Paula Flores- Gregg. DISCLAIMER This report of recommendations has been written as part of the activities of the WHEJAC, a public advisory committee providing independent advice and recommendations on the issue of environmental justice to the Administrator, The Council of Environmental Quality (CEQ) and other officials of the White House. In addition, the materials, opinions, findings, recommendations, and conclusions expressed herein, and in any study or other source referenced herein, should not be construed as adopted or endorsed by any organization with which any Work Group member is affiliated. This report has not been reviewed for approval by the EPA or CEQ, and hence, its contents and recommendations do not necessarily represent the views and the policies of the EPA or CEQ, nor of other agencies in the Executive Branch of the Federal government. 2 | P a g e WHEJAC Final Report Executive Order 14008 WHITE HOUSE ENVIRONMENTAL JUSTICE ADVISORY COUNCIL • Richard Moore, Los Jardines Institute (WHEJAC Co-Chair) • Peggy Shepard, WEACT for Environmental Justice (WHEJAC Co-Chair) • Catherine Coleman Flowers, The Center for Rural Enterprise and Environmental Justice (WHEJAC Vice-Chair) • Carletta Tilousi, Havusapai Tribal Council (WHEJAC Vice-Chair) • LaTricea Adams, Black Millennials for Flint • Susana Almanza, People Organized in Defense of Earth and Her Resources • Jade Begay, NDN Collective • Maria Belen Power, GreenRoots • Dr. Robert Bullard, Texas Southern University • Tom Cormons, Appalachian Voices • Andrea Delgado, United Farmworkers Foundation • Jerome Foster II, One Million of Us • Kim Havey, City of Minneapolis Division of Sustainability • Angelo Logan, Moving Forward Network • Maria López-Núñez, Ironbound Community Corporation • Harold Mitchell, ReGenesis • Dr. Rachel Morello-Frosch, UC Berkeley • Juan Parras, Texas Environmental Justice Advocacy Services • Michele Roberts, Environmental Justice Health Alliance • Ruth Santiago, Comité Dialogo Ambiental and El Puente, Latino Climate Action Network • Dr. Nicky Sheats, Kean University • Viola Waghiyi, Alaska Community Action on Toxics • Dr. Kyle Whyte, University of Michigan • Dr. Beverly Wright, Deep South Center for EJ • Hli Xyooj, Advancement of Hmong Americans • Miya Yoshitani, Asian Pacific Environmental Network Karen L. Martin, Designated Federal Officer, U.S. EPA Office of Environmental Justice 3 | P a g e WHEJAC Final Report Executive Order 14008 JUSTICE40 WORK GROUP MEMBERS • LaTricea Adams, Black Millennials for Flint • Dr. Robert Bullard, Texas Southern University • Lucas M. Brown, Office of Management and Budget • Scott Burgess, Office of Management and Budget • Tom Cormons, Appalachian Voices • Andrea Delgado, United Farmworkers Foundation • Paula Flores-Gregg, U.S. EPA Region 6 • Jerome Foster II, One Million of Us • Kim Havey, City of Minneapolis Division of Sustainability • Nathaniel Hillard, Office of Management and Budget • Kameron Kerger, Office of Management and Budget • Harold Mitchell, ReGenesis • Maria López-Núñez, Ironbound Community Corporation • Harold Mitchell, ReGenesis • Maria Belen Power, GreenRoots • Ruth Santiago, Comité Dialogo Ambiental and El Puente, Latino Climate Action Network • Peggy Shepard, WEACT for Environmental Justice (WHEJAC Co-Chair) • George Q.E. Ward, U.S. EPA Office of Environmental Justice • Dr. Beverly Wright, Deep South Center for EJ • Miya Yoshitani, Asian Pacific Environmental Network CLIMATE AND ECONOMIC JUSTICE SCREENING TOOL WORK GROUP MEMBERS • Catherine Coleman Flowers, The Center for Rural Enterprise and Environmental Justice (WHEJAC Vice-Chair) • Jade Begay, NDN Collective • Andrea Delgado, United Farmworkers Foundation • Katherine D. Milkan, Office of Management and Budget • Harold Mitchell, ReGenesis • Dr. Rachel Morello-Frosch, UC Berkeley • Juan Parras, Texas Environmental Justice Advocacy Services • Michele Roberts, Environmental Justice Health Alliance • Dr. Nicky Sheats, Kean University • Viola Waghiyi, Alaska Community Action on Toxics • Kameron Kerger, Office of Management and Budget • Matthew Lee, U.S. EPA Office of Environmental Justice • Lucas M. Brown, Office of Management and Budget 4 | P a g e WHEJAC Final Report Executive Order 14008 • Tai Lung, U.S. EPA Office of Environmental Justice • Nicholas B. Holtz, Office of Management and Budget • Paula Flores-Gregg, U.S. EPA Region 6 • Katherine D. Milkan, Office of Management and Budget EXCUTIVE ORDER 12898 REVISIONS WORK GROUP MEMBERS • Susana Almanza, People Organized in Defense of Earth and Her Resources • Marianne Engelman-Lado, U.S. EPA Office of General Counsel • Charles Lee, U.S. EPA Office of Environmental Justice • Angelo Logan, Moving Forward Network • Richard Moore, Los Jardines Institute (WHEJAC Co-Chair) • Juan Parras, Texas Environmental Justice Advocacy Services • Carletta Tilousi, Havusapai Tribal Council (WHEJAC Vice-Chair) • Dr. Kyle Whyte, University of Michigan • Hli Xyooj, Advancement of Hmong Americans 5 | P a g e WHEJAC Final Report Executive Order 14008 CHAIR COVER LETTER 6 | P a g e WHEJAC Final Report Executive Order 14008 7 | P a g e WHEJAC Final Report Executive Order 14008 8 | P a g e WHEJAC Final Report Executive Order 14008 Contents ACKNOWLEDGEMENTS ................................................................................................................... 2 DISCLAIMER..................................................................................................................................... 2 WHITE HOUSE ENVIRONMENTAL JUSTICE ADVISORY COUNCIL .................................................... 3 JUSTICE40 WORK GROUP MEMBERS .............................................................................................. 4 CLIMATE AND ECONOMIC JUSTICE SCREENING TOOL WORK GROUP MEMBERS ......................... 4 EXCUTIVE ORDER 12898 REVISIONS WORK GROUP MEMBERS ..................................................... 5 CHAIR COVER LETTER ..................................................................................................................... 6 ABOUT THE WHEJAC ..................................................................................................................... 11 WHITE HOUSE ENVIRONMENTAL JUSTICE ADVISORY COUNCIL CHARGE QUESTIONS ................ 12 JUSTICE40 WORK GROUP CHARGE QUESTIONS ....................................................................... 12 SCORECARD WORKGROUP CHARGE QUESTION ....................................................................... 13 CLIMATE AND ECONOMIC JUSTICE SCREENING TOOL WORK GROUP CHARGE QUESTION ........ 13 EXECUTIVE ORDER 12898 REVISIONS WORK GROUP CHARGE QUESTIONS ............................ 14 JUSTICE40 INITATIVE RECOMMENDATIONS ................................................................................. 15 Justice40 Initiative Question 1: Recommendations for Identifying Programs and Polices to Include in Justice40 ................................................................................................................... 15 CLEAN ENERGY & ENERGY EFFICIENCY ................................................................................. 16 CLEAN TRANSIT & TRANSPORTATION INVESTMENT ............................................................ 20 SAFE, AFFORDABLE & SUSTAINABLE HOUSING & COMMUNITIES ....................................... 21 TRAINING & WORKFORCE DEVELOPMENT ........................................................................... 24 REMEDIATION & REDUCTION OF LEGACY POLLUTION ........................................................ 38 DEVELOPMENT OF CRITICAL CLEAN WATER INFRASTRUCTURE .......................................... 47 CLIMATE MITIGATION & RESILIENCY .................................................................................... 49 INTERSECTIONAL RECOMMENDATIONS: COMMUNITY AND UNIVERSITY PARTNERSHIPS 50 Justice40 Initiative Question 2: Recommendations for Defining “Investment Benefits” ........ 57 Recommendations for the Definition of Investment Benefits ............................................. 57 Guiding Principles: Program Criteria to Maximize Federal Investment Benefits and Avoid Harm in EJ Communities ....................................................................................................... 57 Examples of The Types of Projects That May Benefit A Community ................................... 58 9 | P a g e WHEJAC Final Report Executive Order 14008 Examples of The Types of Projects That Will Not Benefit A Community ............................. 59 Legislative Language for Further Consideration ................................................................... 59 Overall Goals and/or Requirements for Investment Benefits .............................................
Recommended publications
  • Social Justice in an Open World – the Role Of
    E c o n o m i c & Social Affairs The International Forum for Social Development Social Justice in an Open World The Role of the United Nations Sales No. E.06.IV.2 ISBN 92-1-130249-5 05-62917—January 2006—2,000 United Nations ST/ESA/305 DEPARTMENT OF ECONOMIC AND SOCIAL AFFAIRS Division for Social Policy and Development The International Forum for Social Development Social Justice in an Open World The Role of the United Nations asdf United Nations New York, 2006 DESA The Department of Economic and Social Affairs of the United Nations Secretariat is a vital interface between global policies in the economic, social and environmental spheres and national action. The Department works in three main interlinked areas: (i) it compiles, generates and analyses a wide range of economic, social and environ- mental data and information on which States Members of the United Nations draw to review common problems and to take stock of policy options; (ii) it facilitates the negotiations of Member States in many intergovernmental bodies on joint course of action to address ongoing or emerging global challenges; and (iii) it advises inter- ested Governments on the ways and means of translating policy frameworks devel- oped in United Nations conferences and summits into programmes at the country level and, through technical assistance, helps build national capacities. Note The views expressed in this publication do not necessarily reflect those of the United Nations. The designations employed and the presentation of the mate- rial do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country or territory or of its authorities, or concerning the delimitations of its frontiers.
    [Show full text]
  • Economic Justice in America: Fifty Years After the Kerner Report
    Economic Justice in America: Fifty Years after the Kerner Report Joseph E. Stiglitz1 Fifty years ago, the Kerner Report on the Civil Disorders that had broken out the previous year, provided a stark description of the conditions in America that had led to the disorders. Their basic conclusion still rings: “Our Nation is moving toward two societies, one black, one white—separate and unequal” (Kerner Report, p. 1.) It pictures a country in which African-Americans faced systematic discrimination, with inadequate education and housing, and totally lacking economic opportunities—for them, there was no American dream. Underlying all of this was a diagnosis of the cause: “…the racial attitude and behavior of white Americans toward black Americans. Race prejudice has shaped our history decisively; it now threatens to affect our future.” (Kerner Report, p. 203). And it accomplished this through power. We have been asked to assess how things have changed in the half century. As we set about this, a passage from the report resonates: "One of the first witnesses to be invited to appear before this Commission was Dr. Kenneth B. Clark, a distinguished and perceptive scholar. Referring to the reports of earlier riot commissions, he said: "I read that report [...] of the 1919 riot in Chicago, and it is as if I were reading the report of the investigating committee of the Harlem riot of ’35, the report of the 1 University Professor, Columbia University and chief economist, Roosevelt Institute. I am indebted to Andrew Kosenko for research assistance; to Debarati Ghosh for editorial assistance; and to the Ford Foundation, the Bernard and Irene Schwartz Foundation, and the John D.
    [Show full text]
  • ADVANCED JURISPRUDENCE CONCEPTIONS of SOCIAL JUSTICE: RAWLS, HAYEK, NOZICK, SEN and NUSSBAUM Component-I (A)- Personal
    LAW < ADVANCED JURISPRUDENCE CONCEPTIONS OF SOCIAL JUSTICE: RAWLS, HAYEK, NOZICK, SEN AND NUSSBAUM Component-I (A)- Personal Details Principal Investigator Prof. Ranbir Singh VC NLU Delhi Co-Principal Prof. G.S. Bajpai Registrar, NLU Delhi Investigator Paper Coordinator Prof. Sri Krishna Deva VC NLU Odisha Rao Content Writer Dr. Afroz Alam Associate Professor, Maulana Azad National Urdu University, Hyderabad Content Reviewer Component-I (B)- Description of Module Description of Module Subject Name Law Paper Name Advanced Jurisprudence Module Name/Title Conceptions of Social Justice: Rawls, Hayek, Nozick, Sen and Nussbaum Module Id Module 3 Pre-requisites A general understanding of social justice is required for a proper understanding of this module. Objectives After going through this module, you should be able to: understand the meaning and nature of social justice; understand the overarching theoretical frameworks of social justice developed by John Rawls, Friedrich Hayek, Robert Nozick, Amartya Sen, and Martha C. Nussbaum articulate your own positions in a clear, coherent and logical manner on the issues of social justice; and examine issues concerning social injustice, and critically analyse them with remedial tools. Key Words Social Justice, Difference Principle, Primary Goods, Spontaneous Order, Capability, MODULE OVERVIEW: For centuries, human society is constantly assessed with the principle of social justice. Yet the demands and principles of social justice are not always clear. What is social justice? Why does social justice matter? Is it concerned with equal opportunity or outcome or distribution of resources or capabilities or removal of poverty or creation of just institutions? As a result, there are great theoretical disagreements on the issues and remedies of the social justice concepts.
    [Show full text]
  • Promoting Social and Economic Justice Through Interdisciplinary Work in Transactional Law
    Washington University Journal of Law & Policy Volume 14 Justice, Ethics, and Interdisciplinary Teaching and Practice | Mental Health and the Law January 2004 Promoting Social and Economic Justice Through Interdisciplinary Work in Transactional Law Susan R. Jones The George Washington University Law School Follow this and additional works at: https://openscholarship.wustl.edu/law_journal_law_policy Part of the Legal Education Commons Recommended Citation Susan R. Jones, Promoting Social and Economic Justice Through Interdisciplinary Work in Transactional Law, 14 WASH. U. J. L. & POL’Y 249 (2004), https://openscholarship.wustl.edu/law_journal_law_policy/vol14/iss1/9 This Justice and Ethics - Essay is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Journal of Law & Policy by an authorized administrator of Washington University Open Scholarship. For more information, please contact [email protected]. Promoting Social and Economic Justice Through Interdisciplinary Work in Transactional Law * Susan R. Jones INTRODUCTION This Article explores the importance of interdisciplinary collaboration in small business within the context of community economic development (CED). Business advisors stress the importance of early legal assistance to entrepreneurs and the need for help with business planning, marketing, financing, advertising, and exploitation of the business’ intellectual property. In spite of the reality that entrepreneurs require intervention from multiple professionals, many law schools devote insufficient time to teaching across disciplines. Given the recent rise in small business clinical programs, it is appropriate to consider how interdisciplinary efforts in transactional law can be organized and sustained. Moreover, market forces press today’s lawyers to change the way they do business.
    [Show full text]
  • A Course on Economic Justice: the Intersection of Philosophy and Economics
    Munich Personal RePEc Archive A Course on Economic Justice: The intersection of philosophy and economics Barbour, James L. and Batchelor, Nim T. Elon University 2004 Online at https://mpra.ub.uni-muenchen.de/8194/ MPRA Paper No. 8194, posted 10 Apr 2008 07:10 UTC JOURNAL FOR ECONOMIC EDUCATORS • Volume 4 • Number 2 • Winter 2004 A Course on Economic Justice: The Intersection of Philosophy and Economics James L. Barbour and Nim T. Batchelor* Abstract The process of teaching a topic that inhabits the upper reaches of both philosophy and economic theory, while swooping as near the earth as political policy, is both exhilarating and terrifying. To do it well is indeed are.1 We present our approach, some of the characteristics and thoughts from our students, and some of the insights that we developed along the way. Introduction Twice in the past five years we arranged to jointly teach a course in economic justice: colleagues from the philosophy and economics departments. We believe that our experiences in preparing and teaching this course together led to insights that we believe others will find valuable. This paper will describe our approach, some of the characteristics and thoughts from our students, and some of the insights that we developed along the way. The majority of our students come to us with a set of unorganized intuitions, emotions, attitudes, prejudices, and sentiments. Some of these are vaguely organized either in harmony with or in opposition to the political persuasion of their parents. There is a strong presumption in favor of capitalism. For the most part, our students are simply parroting the rhetoric of their contemporary economic/political culture.
    [Show full text]
  • IPPR Commission on Economic Justice
    Prosperity and Justice ‘With its calls for a rebalancing of economic power, a more activist state, a new industrialization model, and managed automation, this report is nothing if not bold. What makes it especially distinctive and valuable is that this big-picture reform agenda is backed up by detailed proposals – on a national investment bank, increased public invest- ment, a social dividend, expansion of collective bargaining, worker representation on company boards, regulation of digital platforms, and much more. The report is an inspiration for all those in the UK and elsewhere who are trying to chart a new course for inclusive prosperity.’ Dani Rodrik, Ford Foundation Professor of International Political Economy, Harvard University ‘The Commission makes an irrefutable case that British economic per- formance must improve, and then suggests a suite of original initiatives aimed at doing just that. There will be challenges on particular recom- mendations, but overall this is the most impressive, authoritative and compelling economic analysis and accompanying prescriptions in recent times. It deserves to change the terms of economic debate.’ Will Hutton, Principal of Hertford College Oxford, Observer columnist and co-author of Saving Britain ‘If we are going to rescue democracy and our way of life, we need to reform capitalism so that it conspicuously serves the interests of the majority and not just the lucky privileged few. Some of the IPPR Commission’s proposals are perhaps too idealistic and impractical, but most are serious and important contributions to the debate of our age.’ Robert Peston, Political Editor, ITV News ‘It is shameful that the fifth largest economy in the world is not already oriented towards producing sustainable prosperity for all its citizens but, sadly, the UK is so far from this that we really do need a “new economy”.
    [Show full text]
  • ECONOMIC and SOCIAL JUSTICE a Human Rights Perspective
    ECONOMIC AND SOCIAL JUSTICE A Human Rights Perspective HUMAN RIGHTS EDUCATION Topic Book 1 By D AVID A. SHIMAN Copyright ©19 9 9 Human Rights Resource Center, University of Minnesota The Human Rights Education Series is published by the Human Rights Resource Center at the University of Minnesota and the Stanley Foundation. The series provides resources for the ever-growing body of educators and activists working to build a culture of human rights in the United States and throughout the world. Economic and Social Justice: A Human Rights Perspective may be reproduced without permission for educational use only. No reproductions may be sold for profit. Excerpted or adapted material from this publication must include full citation of the source. To reproduce for any other purposes, a written request must be submitted to the Human Rights Resource Center. The Human Rights Education Series is edited by Nancy Flowers. Book design by Terri Kinne. Illustrations for this book were taken from The Art of Rini Tem p l e t o n (The Real Comet Press, Seattle, Was h i n g t o n , 19 8 7 ). ISBN 0-9675334-0-6 To order further copies of Economic and Social Justice: A Human Rights Perspective, contact: Human Rights Resource Center University of Minnesota 229 - 19th Avenue South, Room 439 Minneapolis, MN 55455 Tel : 1- 8 8 8 - H R E D U C 8 Fa x : 61 2 - 6 2 5 - 2 0 1 1 email: [email protected] ht t p : / / w w w .hrusa.org an d ht t p : / / w w w.
    [Show full text]
  • Tiebout Or Samuelson: the 21St Century Deserves More Edward J
    Marquette Law Review Volume 88 Article 16 Issue 1 Special Issue Tiebout or Samuelson: The 21st Century Deserves More Edward J. Huck Follow this and additional works at: http://scholarship.law.marquette.edu/mulr Part of the Law Commons Repository Citation Edward J. Huck, Tiebout or Samuelson: The 21st Century Deserves More, 88 Marq. L. Rev. 185 (2004). Available at: http://scholarship.law.marquette.edu/mulr/vol88/iss1/16 This Article is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. It has been accepted for inclusion in Marquette Law Review by an authorized administrator of Marquette Law Scholarly Commons. For more information, please contact [email protected]. TIEBOUT OR SAMUELSON: THE 21ST CENTURY DESERVES MORE EDWARD J. HUCK* For more than 35 years, the issue of municipal consolidation has brought attention to an article, A Pure Theory of Local Expenditures, by Charles Tiebout.1 Tiebout's article, a rebuttal of an article authored by economist Paul Samuelson, has defined the boundaries of modem urban policy debate. Advocates of both Tiebout and Samuelson contend that the authors articulate polar opposite opinions in the still-hot debate on whether it is better government to have a myriad of small municipalities or fewer large units of government. Samuelson emphasizes social and economic justice, and Tiebout advocates economic efficiency. I contend they are not mutually exclusive in terms of an outcome. That is, it is not necessary to consolidate in order to reach economic and social justice, but consolidation may be the final outcome if Tiebout's publication is taken as gospel.
    [Show full text]
  • The Economic System and Social Justice
    CHAPTER 4 The Economic System and Social Justice CHAPTER QUESTIONS 1. What are the perceived benefits of the market economy in the United States? 2. What are the main problems or externalities caused by market capitalism? Is poverty necessary in a market economy? 3. Why is there ongoing poverty in the United States in spite of the fact that this is the most pros - perous country in the world? 4. Why has there been increasing income and wealth inequality in the United States over the past 30 years? 5. What are the consequences of the concentration of wealth and corporate power in the United States? 6. What role does tax policy play in social and economic justice? 7. How has supply side economics limited the development of economic programs? • • • ost social workers do not think of economic policy when they think of Msocial pol icy, yet economic policies are fundamental to the issues that social workers care most about, including inequality, poverty, and ethnic dis - crimination. Many of the ideologies and beliefs discussed in Chapter 3 depend on the fairness of the economic system for their realization. These include upward mobility, equal opportunity, and the power of self-reliance and indi - vidual effort. In this chapter we will be challenging these ideologies when we discuss the economic system of the United States, known as market capitalism. 85 86 SOCIAL POLICY AND SOCIAL CHANGE TASKS OF THE ECONOMIC SYSTEM Every society must have an economic system to produce and allocate resources, including food and shelter, to its members. Since these resources are scarce, rather than infinitely abundant, not having such a system would lead to anarchy and disorder.
    [Show full text]
  • 1 Behavioral Economics, Economic Theory and Public
    BEHAVIORAL ECONOMICS, ECONOMIC THEORY AND PUBLIC POLICY Morris Altman1 ABSTRACT Behavioral economics is discussed in detail, focusing on its varied impact on economic theory, economic analysis, and public policy. Recent contributions related to the work of Kahneman and Tversky’s heuristics and biases paradigm are critically assessed in the context of the broader behavioral line of research that specifies that the realism of one’s simplifying assumptions matter for the construction rigorous economic theory. Such assumptions are not only psychological in nature, but also biological, sociological, and institutional. Moreover, behavioral economics is much more than consumer behavior and behavior on financial markets, a preeminent focus of contemporary behavioral economics. It is also very much concerned with theories of production, theories of the firm, household behavior, and institutions. Findings of behavioral economists tend to refute the notion that individuals behave neoclassically, giving rise to a literature and debate as to which heuristics and sociological and institutional priors are rational, which yield optimal economic results, and which tend to improve socioeconomic welfare. Although many contemporary behavioral economists argue that individuals are fundamentally irrational because they do not behave neoclassically, a forceful narrative remains that considers non- neoclassical behavior rational, yielding optimal economic results under particular conditions. A common thread running through behavioral economics is that modeling assumptions matter and that conventional theory is seriously wanting in this front with significant implication for economic analysis, theory and public policy. JEL codes: A2, B25, B41, D03, D21, D63, D64 Keywords: Behavioral economics, economic psychology, choice behavior, rationality, assumptions Introduction Behavioral economics and economic psychology have advanced dramatically in public profile and academic publications over the past two decades.
    [Show full text]
  • Dilemmas in Promoting Global Economic Justice Through Human Rights Law
    OUP CORRECTED PROOF – FINAL, 2/2/2016, SPi Dilemmas in Promoting Global Economic Justice through Human Rights Law Ralph Wilde* 1. Introduction What is the value of ideas of international human rights in the struggle against global poverty and economic inequality? This question is not new, but recently a new aspect to it has emerged: what contribution might international human rights law make, on the basis of an ‘extraterritorial’ orientation, as far as state obligations are concerned? Such an enquiry has been foregrounded by a major international initiative by experts and activists: the 2011 ‘Maastricht Principles on the Extrater- ritorial Obligations of States in the area of Economic, Social and Cultural Rights’ (the ‘Principles’).1 * The work on this chapter was funded by the European Research Council. My warm thanks to Dr Karen da Costa for excellent research assistance, and to the organizers who gave me the opportunity to present some of the ideas herein at the American Society of International Law Annual Meeting, European University Institute Human Rights Group, University of Memphis Law School, Mississippi College School of Law, Third World Approaches to International Law Conference at the American University in Cairo, Universidade Federal da Paraíba, the Fundação Getulio Vargas, Rio de Janeiro, and the ICON-S conference at New York University. I am grateful for the valuable feedback I received, notably from Dr Ebrahim Afsah, Professor Anthony Anghie, Professora Danielle da Costa Leite Borges, Professor Michael Freitas Mohallem, Emmanuel De Groof, Professor John Haskell, Professor Sarah Joseph, Professor Boris Mamlyuk, Professor Ernst-Ulrich Petersman, Professor Martin Scheinin, Dimitri Van Den Meerssche and Tleuzhan Zhunussova.
    [Show full text]
  • Law and Economics: Contemporary Approaches Martha T Mccluskey,* Frank Pasquale** & Jennifer Taub***
    YALE LAW & POLICY REVIEW Law and Economics: Contemporary Approaches Martha T McCluskey,* Frank Pasquale** & Jennifer Taub*** INTRODUCTION With a new project entitled Law and Economics: ContemporaryApproaches, we hope to liberate casebook examples of economic analysis of law from their current cramped confines. While law and economics associations increasingly feature empirical work in their annual conferences, casebooks in property, torts, contracts, and other core legal subjects all too often feature simple models of economic activity developed decades ago.' While new ways of thinking about finance, health care, and privacy have developed rapidly in the past few decades (and particularly after the global financial crisis of 2008), casebooks all too often rely on simple models of market-driven supply and demand, out of touch with current economic realities. This forthcoming casebook will address the shortcomings of the vision of law and economics familiar in dominant instructional materials, which took root in legal education in the 1970s. In 1995, Yale Law School Dean Anthony Kronman noted that law and economics was the "single most influential juris- prudential school in this country."' In the decades since, it has remained not * Martha T. McCluskey is a Professor of Law and William J. Magavern Faculty Scholar at the University of Buffalo, State University of New York Law School; J.D. Yale Law School, and J.S.D. Columbia Law School. ** Frank Pasquale is a Professor of Law at the University of Maryland, Francis King Carey School of Law; J.D. Yale Law School, B.A. Harvard University, and M.Phil. Oxford. Jennifer Taub is a Professor of Law at Vermont Law School; J.D.
    [Show full text]