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Children and the Environment: Pathways to Legal Protection de Angeliki Papantoniou

Children and the Environment: Pathways to Legal Protection: Queen Mary Studies in International Law, cartea 50

Autor Angeliki Papantoniou
en Limba Engleză Hardback – 30 noi 2022
Children and the Environment offers a unique perspective on the legal protection of children from environmental degradation, a global topic of increasing significance. An original in recent literature, the book calls for viewing children as central in environmental decision-making and presents law and policy proposals, based on current international and regional trends, on topics such as human rights, climate change and the protection from toxics. Drawn from the author’s extensive research and practical experience, it will appeal to policy makers, academics, youth activists, and all involved in giving children a healthier and more sustainable environment.
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Specificații

ISBN-13: 9789004509795
ISBN-10: 9004509798
Pagini: 270
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Queen Mary Studies in International Law

Notă biografică

Angeliki Papantoniou, (1982) Queen Mary University London, is the Course Convenor of QMUL LL.M. International Law of the Sea and Climate Change Law. She has published in the areas of international environmental law and human rights.

Cuprins

Preface

Acknowledgments

Introduction

1 Children’s Particular Vulnerability to Environmental Threats

2 Known and Emerging Environmental Threats to Children’s Health
2.1Traditional Environmental Threats

2.2Emerging Threats

2.3Poverty

2.4Overlapping Environmental Threats


3 The Response of Science

4 The Response of International Organisations and Institutions

5 Binding Obligations in International Law

6 Book’s Scope and Limitations

Part 1
Vulnerability
1Children’s Universal Vulnerability against Environmental Degradation Prioritising Children’s Needs in Environmental Related Policy and Law
1 Introduction
1.1Going beyond a Uniform Definition of Vulnerability in International Law


2 Vulnerability in Legal Theory
2.1Martha AlbertsonFineman’s Universal Vulnerability Theory

2.2Vulnerability and the Justification for Children’s Rights

2.3Ontological Vulnerability-Linking Human Rights and the Environment

2.4Conclusions from Theory


3 Vulnerability in Climate Change Adaptation, the Inevitable Factor
3.1Children


4 Vulnerability in Natural Disasters and Poverty

5 Endorsing Children’s Universal Vulnerability against Environmental Threats: The Underlying Condition for Pathways to Protection


2Affirming Children’s Universal Vulnerability in Environmental Matters, the Paradigm of Youth Climate Change Action
1 Introduction

2 Intergenerational Equity and Climate Change Litigation-Preliminary Remarks

3 Intergenerational Equity and Children’s Rights in Climate Change National Case-Law

4 Equality and Vulnerability: Putting Children’s Claims at the Heart of Climate Change Policy and Law

5 United Nations and Children in Climate Change Negotiations

6 Pathways to Legal Protection, Climate Change Youth Action


Part 2
Rights
3Children’s Rights and the Environment
1 Introduction

2 Children’s Rights and the Environment
2.1The United Nations Convention on the Rights of the Child

2.2Business and Children’s Rights


3 Extra-Territorial Jurisdiction
3.1The Advisory Opinion on Human Rights and the Environment

3.2The EU Draft Directive on Human Rights and Environmental Due Diligence


4 Towards the Recognition of a Right to Healthy Environment in International Law
4.1Global Recognition of a Right to a Healthy Environment


5 The Right of the Child to Participate in Environmental Matters
5.1uncrc Article 12

5.2Procedural Environmental Rights


6 Pathways to Children’ Protection, Children’s Rights and the Environment


4The Right to the Highest Attainable Standard of Health of the Child
1 Introduction

2 Why Start with the Right to the Highest Attainable Standard of Health

3 The Right to Health in International Law, Scope and Application to Environmental Degradation

4 The Definition of Health

5 Applicable Principles and Standards for the Realisation of the Child’s Right to Health Under the uncrc

6 The Criteria of Availability, Accessibility, Acceptability and Quality

7 The Obligation to Protect, Respect and Fulfil

8 The ‘Action Cycle’ for the Realisation of the Right

9 Building Capacities for the Realisation of the Right to Health of the Child in Environmental Matters

10 Pathways to Children’s Protection, Right to Health


Part 3
European Union
The EU’s Commitment to Protect Children’s Environmental Health
1 The EU’s Commitment to Protecting Children’s Rights and Environmental Health

2 Charter on the Fundamental Rights of the European Union and the Treaty of the Functioning of the European Union


5Chemicals
1 Introduction

2 Reach
2.1General Considerations

2.2Reach Procedure: Registration, Evaluation, Authorisation

2.3The Role of Information in reach

2.4Evaluation of reach in Addressing Children’s Particular Vulnerability to Chemicals


3 The Regulation of Pesticides and Biocides in the EU
3.1Pesticides

3.2Biocides

3.3Evaluation of Pesticides and Biocides Regulations


4 Toys and Other Consumer Products

5 Overall Evaluation

6 Pathways to Children’s Protection, Chemicals


6Clean Air
1 Air Quality Directive

2 Industrial Emissions

3 Overall Evaluation

4 Pathways to Children’s Protection Clean Air


7Waste Management
1 EU Waste Framework Directive
1.1Definition of ‘Waste’

1.2Hazardous Waste

1.3Waste Hierarchy

1.4Waste Management and Its Costs

1.5Waste Management Plans

1.6fwd Protecting Children’s Health


2 Shipment of Waste

3 Ship Recycling

4 Landfills
4.1‘Landfill’

4.2National Strategy


5 Pathways to Children’s Protection, Waste Management


8Environmental Assessments Environmental Impact Assessment and Strategic Environmental Assessment
1 Introduction

2 Brief Description of Environmental Assessments
2.1Environmental Impact Assessment

2.2Strategic Environmental Assessment

2.3Environmental Assessments’ Structure


3 The Environmental Impact Assessment Directive
3.1Directive’s Provisions

3.2Protection of Children’s Health

3.3Overall Evaluation


4 The Strategic Environmental Assessment Directive
4.1Directive’s Provisions


5 The Human Rights Critique on the eia and sea Processes

6 Pathways to Children’s Protection, Environmental Assessments


Children and the Environment, Pathways to Legal Protection Conclusion Parts i, ii and iii


Bibliography

List of Cases

Index