When Environmental Protection and Human Rights Collide: The Politics of Conflict Management by Regional Courts

Marie-Catherine Petersmann

2022년 10월 · Cambridge Studies in International and Comparative Law 173권 · Cambridge University Press

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Conflicts between environmental protection laws and human rights present delicate trade-offs when concerns for social and ecological justice are increasingly intertwined. This book retraces how the legal ordering of environmental protection evolved over time and progressively merged with human rights concerns, thereby leading to a synergistic framing of their relation. It explores the world-making effects this framing performed by establishing how 'humans' ought to relate to 'nature', and examines the role played by legislators, experts and adjudicators in (re)producing it. While it questions, contextualises and problematises how and why this dominant framing was construed, it also reveals how the conflicts that underpin this relationship – and the victims they affect – mainly remained unseen. The analysis critically evaluates the argumentative tropes and adjudicative strategies used in the environmental case-law of regional courts to understand how these conflicts are judicially mediated, thereby opening space for new modes of politics, legal imagination and representation.

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Marie-Catherine Petersmann is a Senior Researcher at the Department of Public Law and Governance at Tilburg University. Her research focuses on non-anthropocentric normativities and modes of co-existence with nonhumans. It lies at the intersection of legal theory, ecological philosophy, and political ecology. She holds a Ph.D. and LLM in International and European Law from the European University Institute in Florence and an MA in International Law from the Graduate Institute of International and Development Studies in Geneva.