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2011 IUCNAEL EJournal i (2011)

handle is hein.journals/icnael2011 and id is 1 raw text is: 


   IUCN Academyof

   Environmental L awjorn












A  Word frorn the Editors:

Putting the Earth to Rights?


This issue of the IUCNAEL e-Journal invites readers to consider multiple dimensions of
the developing application of rights-based claims, in a variety of guises, as they pertain to
the environment. The profile and purview of international human rights law and more
recently international environmental law are now well established. It is therefore of course
not surprising to note the emergence   of first human rights-based claims with an
environmental dimension and now  cross-cutting human rights and environmental claims
during the past few decades. Perhaps the only real matter that should take us aback is
how  long they have taken to emerge. The  debate is however moving  on apace  and
discussion is now shifting the boundaries of the rights debate beyond human rights-
holders towards the idea of rights for other species and indeed for nature itself, through
ground  breaking documents   such  as the  Earth Charter and  the  Draft Universal
Declaration of the Rights of Mother Earth.


The articles published in this edition represent diverse spectrums of opinion on the nature,
ambit and  content of these new emerging rights and the intersection between them.
James  May and  Erin Daly, in 'New Directions in Earth Rights, Environmental Rights and
Human Rights: Six Facets of Constitutionally Embedded Environmental Rights
Worldwide', examine both the existing and expanding application of human rights-based
claims, notably in South Asia and Latin America, with their recognition of the instrumental
importance of the environment for human flourishing. Innovative judicial approaches to
claims founded on the environment have of course been emerging across the globe, but
debate has arguably been in reinvigorated by case law originating in the aforementioned
jurisdictions. May and Daly also highlight the emergence of an innovative jurisprudence,


IUCN Academy  of Environmental Law e-Journal Issue 2011 (1)