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Setting the Scene: From the Environment as an Object To Be Protected Towards an Environmental Right(s)-Based Approach—International and EU Law Perspectives
This introductory chapter serves to highlight the progressive shift in international law as to environmentEnvironment, intended as the physical...
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Political Transition, Continuities and Permanences: The Rights of Indigenous Peoples and Political Transition in Brazil
It can be said that Brazilian Transitional Justice was characterised as a complex of measures that simultaneously allowed the construction of memory...
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Reparations for the Victims
Chile has made an important effort to compensate victims of the dictatorship for the numerous wrongs they experienced, but reparations policies also...
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Protected Areas as a Catalyst for Environmental Sustainability, Social Justice, and Human Development: Lessons from South Africa
In the past few decades, the multi-reciprocal relationship between protected areas, the sustainable development of the rural poor, and the...
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Reinforcing the French Legacy While Borrowing from the Common Law: The Civil Code of Quebec (1991)
After recounting the history of the coexistence of civil law and common law rules in the private law of Quebec, this chapter reviews the various...
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Arbitration Clauses Limited to Compensation due to Expropriation: Relevant Case Law, Interpretive Trends, and the Case of China’s Treaty Policy and Practice
Variations in the texts of investment treaties aside, arbitral tribunals (as well as domestic courts and ICSID annulment committees subsequently...
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Greening the Law of Environmental Protection in Armed Conflicts
The issue of the protection of the environment in relation to armed conflicts (‘PERAC’) has gained momentum in recent times, especially in the...
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The Consequences of Brexit for Regulatory Competition and the Approximation of Commercial Law
This chapter critically discusses the legal consequences of Brexit for the future of legal reforms of the laws governing cross border commercial...
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Quilombola Communities and the Right to Land Ownership: Notes on a Legal Controversy in the Supreme Federal Court
The Federal Constitution of 1988 granted hitherto unforeseen rights to ethnic and cultural minorities in previous constitutional charters and was...
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Eco-Feminisms in Theory and Practice in the Global South: India, South Africa, and Ecuador
In recent years, given mounting environmental and especially climate injustices in the Global South, activists and social scientists alike need to...
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Ecocide: The Emergence of a New Crime Within the Jurisdiction of the International Criminal Court?
The Chernobyl Nuclear Disaster (1986), the Exxon Valdez Oil Spill (1989), and the Kakhovka Dam destruction (2023) epitomise infamous ecocides,...
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Talking Across Differences: Networks, Law and the Violence of the Word
In this paper, I propose to use Johan Galtung’s notion of structural violence as aguide for linking society’s problems of processing social meaning...
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Poverty
This chapter introduces readers to the literature on the relationship between poverty and conflict and the role of international law in addressing...
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Direct Application of the Common But Differentiated Responsibilities and Respective Capabilities Principle (CBDRRC) in Investment Treaty-Climate Change Disputes: Vindicating a Differential Approach to Compensation
The ‘common but differentiated responsibilities and respective capabilities’ principle represents the global consensus on the differential role that...
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COVID-19 and Business Interruption Coverage in the United States: An Example of Judicial Regulation
Insureds in the United States have initiated thousands of lawsuits for business interruption losses caused by the COVID-19 pandemic. This litigation...
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Crimes and Space Crimes: A General Discussion
Crimes, generally so understood, remain crimes irrespective of the domain where committed, whether on the Earth, on sea, under sea, in the air, in...
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Engineering an Urban Renaissance
This chapter examines the discourses that have dominated Cape Town’s post-apartheid urban rebirth. Zooming in on two key governmental actors that,...