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Jan Hancock - Environmental Human Rights: Power, Ethics, and Law

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Book:
Environmental Human Rights: Power, Ethics, and Law
Author:
Jan Hancock
Publisher:
Ashgate
Genre:
Books / Science
Year:
2003
City:
London
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3 / 5
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This title was first published in 2003. Environmental Human Rights redefines the political, ethical and legal relationships between the environment and human rights to claim the human rights to an environment free from toxic pollution and to natural resources. Through a focus on the operational dynamics of social power, this compelling book details how global capitalism subjugates concerns of human security and environmental protection to the values of allocative efficiency and economic growth. The capacity of social power to construct ethical norms and to determine the efficacy of law is examined to explain how ethical and legal concepts have been selectively applied to accommodate existing patterns of production, consumption and exchange that cause environmental degradation and human rights violations. By looking at how environmental values have been systematically excluded from the human rights discourse, the book claims that human rights politics and law has been constructed on double standards to accommodate the destructive forces of capitalism.

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Environmental Human Rights

This book is dedicated to my grandparents, James and Audrey Hancock, Lisa Misch and to the memory of Walter Misch.

First published 2003 by Ashgate Publishing

Reissued 2019 by Routledge

Park Square, Milton Park, Abingdon, Oxon, 0X1 4 4RN

52 Vanderbilt Avenue, New York, NY 10017

Routledge is an imprint of the Taylor & Francis Group, an informa business

The author has asserted his moral right under the Copyright, Designs and Patents Act, 1988, to be identified as the author of this work.

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Notice:

Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

Publishers Note

The publisher has gone to great lengths to ensure the quality of this reprint but points out that some imperfections in the original copies may be apparent.

Disclaimer

The publisher has made every effort to trace copyright holders and welcomes correspondence from those they have been unable to contact.

A Library of Congress record exists under LC control number:

ISBN 13: 978-1-138-72242-2 (hbk)

ISBN 13: 978-1-315-19354-0 (ebk)

Contents

Guide

Thanks to all staff and students at Birkbeck College for a great end to 2002. Many thanks also to members of the politics department at Southampton University, especially Tony Evans, Nana Poku, Caroline Thomas, Tony McGrew, Graham Smith, Russell Bentley, David Owen and Andy Mason, for all the discussions that inspired the development of many of the thoughts that find expression in the following pages. Many thanks also to Neil Stammers for both his constructive criticism and insightful comments.

ESRC grant R00429924183 is acknowledged for providing funding for part of this research.

Many thanks to my mother, father and grandparents for all their support and encouragement over the years. Thanks to Dan, Simon and Steph for being such great friends. Thanks also to my friends in Victoria, BC, Laura, Kim, Anne, Elizabeth, Tony and Sarah for a fantastic 1999. Thanks to all the mountains in British Colombia upon whose slopes a great number of the ideas in this research were first considered. Still in Canada, thanks to the Greater Victoria Cycling Coalition for the anti-car stickers and for all their great work on the cycle network in Victoria that kept this author fit and happy during the writing of the first draft.

Thanks to the Southampton triathlon club for the Saturday races in the New Forest and to the Southampton University cycling club for the training runs in the South Downs.

Special thanks to Earth First!ers everywhere for their dedication in raging against the dying of the light.

Most importantly, many, many thanks to Morwenna for everything, for all the hard work, for being a constant source of energy and inspiration and most of all thanks for making me so happy.

AMA	Automobile Manufacturers Association
AWA	Antarctic Wilderness Area
CAFOD	Catholic Fund for Overseas Development
CAMPFIRE	Communal Areas Management Program for Indigenous Resources
CEO	Chief Executive Officer
CHEER	Coalition for Health, Environmental and Economic Rights
CODEH	Committee for the Defense of Human Rights in Honduras CoP Conference of Parties
CPR	Common Property Resources
DNA	Deoxyribonucleic Acid
DSS	Dispute Settlement System
EPA	Environmental Protection Agency
EPZ	Export Processing Zone
ERT	European Roundtable of Industrialists
EU	European Union
EUROPABIO	European Association for Bio-industries
EZLN	Zapatista Army of National Liberation
FAO	Food and Agriculture Organization
FDI	Foreign Direct Investment
GAO	General Accounting Office
GATT	General Agreement on Tariffs and Trade
GCIP	Global Climate Information Project
GDP	Gross Domestic Product
GEF	Global Environmental Facility
GEI	Global Economic Institutions
ICCPR	International Covenant on Civil and Political Rights
ICESCR	International Covenant on Economic, Social and Cultural Rights
ILO	International Labor Organization
IMF	International Monetary Fund
IPCC	Intergovernmental Panel on Climate Change
MMT	Methylcyclopentadienyl Manganese Tricarbonyl
MNC	Multi National Corporation
MST	Movement for Landless People
NAFTA	North American Free Trade Agreement
NGO	Non-governmental Organization
OECD	Organization for Economic Co-operation and Development
PCB	Poly Chlorinated Biphenyl
PM10	Particulate pollutant
ppb	parts per billion
RTZ	Rio Tinto Zinc
SAP	Structural Adjustment Policy
SLORC	State Law and Order Restoration Council
SPDC	Shell Petroleum Development Company
TNC	Trans National Corporation
UBBWU	United Banners Banana Workers Union
UK	United Kingdom
UN	United Nations
UNCED	United Nations Conference on Environment and Development
UNCTC	United Nations Center on Trans National Corporations
UNDP	United Nations Development Program
UNESCO	United Nations Economic, Social and Cultural Organization
UNFCCC	United Nations Framework Convention on Climate Change
UNICE	European Employers Confederation
US	United States
WBCSD	World Business Council for Sustainable Development
WHO	World Health Organization
WTO	World Trade Organization

Key Conceptual Questions

All the major environmental problems presently confronting the world are ultimately derived from four general patterns characterizing modern societies, (i) pollution, (ii) overuse or misuse of resources, (iii) biodiversity reduction and (iv) habitat destruction. The research presented here suggests that these environmental problems could be in part addressed through respecting the following two universal human rights; (i) to an environment free from toxic pollution and (ii) to ownership rights of natural resources.

Demonstrating environmental benefits is, of course, insufficient grounds for claiming new human rights. Indeed, post-modernists and relativists remind us that the philosophical grounds upon which foundational claims to any human rights can be substantiated is a contestable issue, with the specified criteria typically reflecting the political predilections of the author (Brown, 1992; Ashley, 1996). The criterion utilized in this research to investigate the existence of environmental human rights will be restricted to existing legal human rights stipulations. It will be demonstrated that the two universal environmental human rights claimed above can be imputed from the existing international law on human rights. This legalistic approach is not without either epistemological problems or political bias and it is appropriate to explain these at the outset of the inquiry.

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