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"Rights-based conceptualisations" [2015] ELECD 875; in Martin, Paul; Bigdeli, Z. Sadeq; Daya-Winterbottom, Trevor; du Plessis, Willemien; Kennedy, Amanda (eds), "The Search for Environmental Justice" (Edward Elgar Publishing, 2015) 83

Book Title: The Search for Environmental Justice

Editor(s): Martin, Paul; Bigdeli, Z. Sadeq; Daya-Winterbottom, Trevor; du Plessis, Willemien; Kennedy, Amanda

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781784719418

Section: PART II

Section Title: Rights-based conceptualisations

Number of pages: 2

Extract:

PART II



Rights-based conceptualisations


Environmental justice exists at the intersection between environmental
law and the pursuit of social justice. Central to the pursuit of social
justice has been a focus upon the development and implementation of
legal rights, particularly legal rights of the vulnerable to be protected and
to be able to share more equitably in the opportunities of society. Many
of these rights have emerged through international agreements, and have
been generally focused upon the protection of the interest of vulnerable
human beings.
However, some versions of environmental justice extend the idea of
protection of the vulnerable from the protection of human interests
derived from the environment towards the protection of the interests of
the environment per se. This Part takes a pragmatic perspective on the
ways in which human interests are being pursued, and the implications of
this for justice.