Environmental Justice and the Rights of Unborn and Future Generations
Law, Environmental Harm and the Right to Health
The traditional concept of social justice is increasingly being challenged by the notion of a humankind that spans current and future generations. This book, with a foreword by Roger Brownsword, is the first systematic examination of how the rights of the unborn and future generations are handled in common law and under international legal instruments. It provides comprehensive coverage of the arguments over international legal instruments, key legal cases and examples including the Convention on the Rights of the Child, industrial disasters, clean water provision, diet, HIV/AIDS, environmental racism and climate change. Also covered are international agreements and objectives as diverse as the Kyoto Protocol, the Millennium Development Goals and international trade. The result is the most controversial and thorough examination to date of the subject and the enormous ramifications and challenges it poses to every aspect of international and domestic environmental, human rights, trade and public health law and policy.
Table of Contents
Foreword * Part I: The Rights of the First Generation * The Child's Rights to Health and the Environment, and the Role of the World Health Organization * The Status of the Preborn in Civil Law Instruments * The Status of the Child and the Preborn in Common Law Instruments and Cases * Supranational Governance: The European Court of Human Rights, and the WTO-WHO Conflict * Part II: Ecojustice and Future Generations' Rights * The Impact of Consumerism and Social Policy on the Health of the Child * Future Generations' Rights: Linking Intergenerational and Intragenerational Rights in Ecojustice * Ecojustice and Consideration for the Future: The Persistence of Ecofootprint Disasters * Ecojustice and Industrial Operations: Irreconcilable Conflict or Possible Coexistence? * Developmental and Health Rights of Children in Developing Countries: Towards a Model Legislation for the Rights of the Child to Health * Appendices, Bibliography, List of cases, Index
Laura Westra is Professor Emerita (Philosophy), University of Windsor, PhD in Law, Osgoode Hall Law School and Adjunct Professor of Social Science, York University, Canada.
'Laura Westra's book is a welcome addition to the growing body of work on environmental jurisprudence and the link to social justice' Elizabeth May, Executive Director, Sierra Club of Canada 'If outrage against social injustice galvanizes your life, Laura Westra's magisterial Environmental Justice and the Rights of Unborn and Future Generations is the single book you must read and use this year' Robert Goodland, former Chief Environmental Adviser to the World Bank Group 'Westra brings another important interdisciplinary perspective on this topic.' Journal of Human Rights