Human Rights

The Commons and the Collective

By Laura Westra
Categories: Law & Legal Studies, International Law, Environmental Law, Environmental & Nature Studies, Environmental Protection & Preservation
Publisher: UBC Press
Hardcover : 9780774821179, 392 pages, November 2011
Paperback : 9780774821186, 392 pages, July 2012
Ebook (PDF) : 9780774821193, 392 pages, November 2011

Table of contents

Foreword / William E. Rees

Introduction

Part 1: Basic Collective Rights for Law and Morality -- The
Theory

1 Individual Rights and Collective Rights in Conflict: The
Ecocentric Perspective and the Commons

2 The Common Good and the Public Interest: Jus Cogens Norms and Erga
Omnes Obligations in a Lawless World

3 Communities and Collectives: The Interface

Part 2: Collective Rights, Globalization, and Democracy --
The Practice

4 Collective Basic Rights Today

5 Globalization, Democracy, and Collective Rights

6 Cosmopolitanism, the Moral Community, and Collective Human
Rights

Part 3: Toward a New Cosmopolitanism

7 World Law or International Legal Instruments? Toward the
Protection of Basic Collective Human Rights

Conclusion

Notes

Works Cited

Index

A timely warning that legal conceptions of human rights must change if
we are to achieve true sustainability and justice for future
generations.

Description

International law evolved to protect human rights. But what are human
rights? Does the term have the same meaning in a world being
transformed by climate change and globalized trade? Are existing laws
sufficient to ensure humanity’s survival? Westra argues that
international law privileges individual over collective rights,
permitting multinational corporations to overlook the collective and
the environment in their quest for wealth. Unless policy makers
redefine human rights and reformulate environmental law to protect the
preconditions for life itself – water, food, clean air, and
biodiversity – humankind faces the complete loss of the
ecological commons, one of our most basic human rights.