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Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary. Forward-looking and innovative, Elgar Research Agendas are an essential resource for PhD students, scholars and anybody who wants to be at the forefront of research.This important book creatively explores and uncovers new ways of understanding the intersections between human rights and the environment, as well as introducing readers to the ways in which we can use new methodologies, case studies and approaches in human rights to address environmental issues.Interdisciplinary in nature, this Research Agenda recognises and engages with the short-comings and problematic framings of traditional approaches to human rights and environmental law. Keeping these limits and failings unflinchingly in view, it identifies potential opportunities to maximise the law’s effectiveness, providing readers with a thought-provoking agenda for future research. Contributions also call for resistant, transformative and inclusive research and practice in the area of human rights and the environment, using human rights law to center the knowledge, practices, laws and priorities of marginalised groups in addressing environmental injustice.This dynamic Research Agenda will be an essential tool for PhD students and scholars in international law, environmental law and human rights, as well as providing a springboard for geographers and anthropologists to further their knowledge of the evolving interface between human rights and the environment.
Edited by Dina Lupin, Lecturer in Law, University of Southampton Law School, UK, and Director, Global Network for Human Rights and the Environment
Contents:1 Introduction: A Research Agenda for HumanRights and the Environment 1Dina LupinPART I REPOSITIONING MARGINALISED EPISTEMICAND EXPERIENTIAL CONTRIBUTIONS2 Towards a disability-inclusive environment andhuman health research agenda 13Sarah L. Bell3 Indigenous Peoples’ rights and the politics ofclimate change 31Anna F. Laing4 A critical peasants’ rights perspective for humanrights and the environment: Leveraging the UNDeclaration on the Rights of Peasants 55Amanda Lyons and Ana María Suárez FrancoPART II REINVENTING HUMAN RIGHTS TOOLS ANDAPPROACHES5 Racial segregation, water disconnection andhuman rights litigation: An examination of the useof law to challenge structural racism in Detroitand Johannesburg 81Jackie Dugard6 The right to consultation is a right to be heard 103Dina Lupin and Leo Townsend7 Rethinking ‘vulnerability’: Widening the scope toconceptualize ‘vulnerability’ for the human rightto water 123Daphina MisiedjanPART III RELOCATING RIGHTS IN OVERLOOKED SPACES8 Climate change and human rights in the overseascolonized territories of the state 143Miriam Cullen and Céline Brassart Olsen9 Human rights law as a gap-filler: The invisibility ofclimate vulnerability in international climate change law 159Linnéa NordlanderPART IV RETHINKING HUMAN RIGHTS AND THEENVIRONMENT10 Indigenous knowledge and new materialism 181Tina Sikka, Elizabeth Mills and Nisha Sikka11 Decoloni-zation/ality of ‘protected areas’:A South African perspective 209Clive Vinti12 The human right to a healthy environment andthe rights of racialized groups: Applying criticalrace theory as a framework for (re)constructingenvironmental rights through foundationaltransformation 231Natalia Urzola GutiérrezIndex 253
‘It is original—there has been no prior volume of this type which tackles this subject matter in this way. [...] This volume is founded in expert critical analysis but in that provision it also provides expert advocacy as it speaks out on behalf of many of the marginalized groups throughout the world who are so often unheard and ignored. It is for these reasons that this book can be highly recommended, and it will be an excellent resource for scholars seeking a deeper understanding of the relationship between marginalized groups and human rights and the environment for many years to come.’