"This report lays out a decision-making framework for creating an ECT [environmental court and tribunal] that can be useful in different legal cultures and political situations. It provides the tools and support necessary to enhance access to environmental justice in countries around the world that, in turn, will advance the principles of environmental protection, sustainable development, and intergenerational equity through the institutions responsible for delivering environmental justice"--Introd.

Green Gentrification looks at the social consequences of urban "greening" from an environmental justice and sustainable development perspective. Through a comparative examination of five cases of urban greening in Brooklyn, New York, it demonstrates that such initiatives, while positive for the environment, tend to increase inequality and thus undermine the social pillar of sustainable development. Although greening is ostensibly intended to improve environmental conditions in neighborhoods, it generates green gentrification that pushes out the working-class, and people of color, and attracts white, wealthier in-migrants. Simply put, urban greening "richens and whitens," remaking the city for the sustainability class. Without equity-oriented public policy intervention, urban greening is negatively redistributive in global cities. This book argues that environmental injustice outcomes are not inevitable. Early public policy interventions aimed at neighborhood stabilization can create more just sustainability outcomes. It highlights the negative social consequences of green growth coalition efforts to green the global city, and suggests policy choices to address them. The book applies the lessons learned from green gentrification in Brooklyn to urban greening initiatives globally. It offers comparison with other greening global cities. This is a timely and original book for all those studying environmental justice, urban planning, environmental sociology, and sustainable development as well as urban environmental activists, city planners and policy makers interested in issues of urban greening and gentrification.

In the nine years since Green Justice first appeared, the field we have come to identi as “environmental law” has taken a number of twists and turns, few of which were foreseen by the authors or, so far as they know, by anyone else. Although this edition attempts to account for many of these changes, it continues to emphasize what we believed then and continue to believe to be paramount, not only for the study of environmental law but for common-law based jurisprudence in general: Despite the immediacy and crush of daily events, closely reasoned analyses of the difficulties and conflicts arising from environmental conflicts, as embodied in major cases or key decisions such as we present here, provide a stabilizing core around which the swirl of daily events takes place, and against which those events must be evaluated. We believed then, and believe even more strongly now, that this is true not only for legal specialists and scholars but for an educated populace as well. Thus this casebook.

Modern environmental regulation and its complex intersection with international law has led many jurisdictions to develop environmental courts or tribunals. Strikingly, the list of jurisdictions that have chosen to do this include numerous developing countries, including Bangladesh, Kenya and Malawi. Indeed, it seems that developing nations have taken the task of capacity-building in environmental law more seriously than many developed nations. Environmental Justice in India explores the genesis, operation and effectiveness of the Indian National Green Tribunal (NGT). The book has four key objectives. First, to examine the importance of access to justice in environmental matters promoting sustainability and good governance Second, to provide an analytical and critical account of the judicial structures that offer access to environmental justice in India. Third, to analyse the establishment, working practice and effectiveness of the NGT in advancing a distinctively Indian green jurisprudence. Finally, to present and review the success and external challenges faced and overcome by the NGT resulting in growing usage and public respect for the NGT’s commitment to environmental protection and the welfare of the most affected people. Providing an informative analysis of a growing judicial development in India, this book will be of great interest to students and scholars of environmental justice, environmental law, development studies and sustainable development.

While global urban development increasingly takes on the mantle of sustainability and "green urbanism," both the ecological and equity impacts of these developments are often overlooked. One result is what has been called environmental gentrification, a process in which environmental improvements lead to increased property values and the displacement of long-term residents. The specter of environmental gentrification is now at the forefront of urban debates about how to accomplish environmental improvements without massive displacement. In this context, the editors of this volume identified a strategy called "just green enough" based on field work in Greenpoint, Brooklyn, that uncouples environmental cleanup from high-end residential and commercial development. A "just green enough" strategy focuses explicitly on social justice and environmental goals as defined by local communities, those people who have been most negatively affected by environmental disamenities, with the goal of keeping them in place to enjoy any environmental improvements. It is not about short-changing communities, but about challenging the veneer of green that accompanies many projects with questionable ecological and social justice impacts, and looking for alternative, sometimes surprising, forms of greening such as creating green spaces and ecological regeneration within protected industrial zones. Just Green Enough is a theoretically rigorous, practical, global, and accessible volume exploring, through varied case studies, the complexities of environmental improvement in an era of gentrification as global urban policy. It is ideal for use as a textbook at both undergraduate and graduate levels in urban planning, urban studies, urban geography, and sustainability programs.

What would constitute a definitively "green" state? In this important new book, Robyn Eckersley explores what it might take to create a green democratic state as an alternative to the classical liberal democratic state, the indiscriminate growth-dependent welfare state, and the neoliberal market-focused state—seeking, she writes, "to navigate between undisciplined political imagination and pessimistic resignation to the status quo." In recent years, most environmental scholars and environmentalists have characterized the sovereign state as ineffectual and have criticized nations for perpetuating ecological destruction. Going consciously against the grain of much current thinking, this book argues that the state is still the preeminent political institution for addressing environmental problems. States remain the gatekeepers of the global order, and greening the state is a necessary step, Eckersley argues, toward greening domestic and international policy and law. The Green State seeks to connect the moral and practical concerns of the environmental movement with contemporary theories about the state, democracy, and justice. Eckersley's proposed "critical political ecology" expands the boundaries of the moral community to include the natural environment in which the human community is embedded. This is the first book to make the vision of a "good" green state explicit, to explore the obstacles to its achievement, and to suggest practical constitutional and multilateral arrangements that could help transform the liberal democratic state into a postliberal green democratic state. Rethinking the state in light of the principles of ecological democracy ultimately casts it in a new role: that of an ecological steward and facilitator of transboundary democracy rather than a selfish actor jealously protecting its territory.

The Green City and Social Injustice examines the recent urban environmental trajectory of 21 cities in Europe and North America over a 20-year period. It analyses the circumstances under which greening interventions can create a new set of inequalities for socially vulnerable residents while also failing to eliminate other environmental risks and impacts. Based on fieldwork in ten countries and on the analysis of core planning, policy and activist documents and data, the book offers a critical view of the growing green planning orthodoxy in the Global North. It highlights the entanglements of this tenet with neoliberal municipal policies including budget cuts for community initiatives, long-term green spaces and housing for the most fragile residents; and the focus on large-scale urban redevelopment and high-end real estate investment. It also discusses hopeful experiences from cities where urban greening has long been accompanied by social equity policies or managed by community groups organizing around environmental justice goals and strategies. The book examines how displacement and gentrification in the context of greening are not only physical but also socio-cultural, creating new forms of social erasure and trauma for vulnerable residents. Its breadth and diversity allow students, scholars and researchers to debunk the often-depoliticized branding and selling of green cities and reinsert core equity and justice issues into green city planning—a much-needed perspective. Building from this critical view, the book also shows how cities that prioritize equity in green access, in secure housing and in bold social policies can achieve both environmental and social gains for all.

This book presents an argument for establishing environmental human rights as the legitimate possession of both present and future generations. It uses these rights - to clean air, water, and soil - to make an argument for justice across generations, that is, for recognizing the obligation that present generations have to preserve the environment and natural resources for future generations.

Do trees have legal rights? What risks to the environment should we legally try to control or prevent? In this updated edition of Green Justice, the authors further explore the interrelationship between the legal system and the environment, using key environmental law cases (over half of which are new selections) on such topics as population and bi

Greening International Jurisprudence: Environmental NGOs before International Courts, Tribunals, and Compliance Committees examines how international judicial and quasi-judicial bodies enforce international environmental law, with particular consideration to the role of environmental NGOs. The analytical structure of the study is based on four aspects of discussion and research: the enforcement deficit in environmental law; global environmental governance and sustainable development; the proliferation of international judicial and quasi-judicial bodies; and deliberation and democratic global governance. Author Cathrin Zengerling analyses the institutional structure, as well as the environmental case law from a total of fourteen international courts, arbitral tribunals, and compliance committees with special focus on accessibility, comprehensiveness, and transparency. Underlying this analysis is the fundamental question of whether the respective body appropriately contributes to the realization of democratic governance for sustainable development. After presenting her core findings, the author provides concrete recommendations for future best practices and discusses the need for a new World Environment Court. Researchers, practitioners, and students of international environmental law will find an important, thought-provoking and timely new text in Greening International Jurisprudence: Environmental NGOs before International Courts, Tribunals, and Compliance Committees.