Risk, Resilience, Inequality and Environmental Law
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Risk, Resilience, Inequality and Environmental Law

Edited by Bridget M. Hutter

This insightful book considers how the law has adapted to the environmental challenges of the 21st Century and the ways in which it might be used to cope with environmental risks and uncertainties whilst promoting resilience and greater equality. These issues are considered in social context by contributors from different disciplines who examine some of the experiments tried in different parts of the world to govern the environment, improve the available legal tools and give voice to more diverse groups.
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Chapter 5: Transformative biodiversity law and 2030 Agenda: mainstreaming biodiversity and justice through human rights

Claudia Ituarte-Lima

Abstract

Biodiversity law and human rights law are closely intertwined. Transformative biodiversity laws can build on a wealth of legal instruments at different scales. In this chapter, innovative interpretations under the Convention on Biological Diversity, the Interamerican System of Human Rights, peace agreements and national laws serve to reveal concrete connections between biodiversity-related human rights specifically property rights, access to justice, cultural rights and human rights of environmental defenders. Challenges for closing the gap between legal developments and implementation are also examined. We find that biodiversity intangible property rights will not be completely effective unless they are synchronized with distinct environmental related property rights, specifically property rights, over land and subsoil. Mainstreaming biodiversity and justice through human rights law can play a key role in transformations for sustainability that Agenda 2030, including the Sustainable Developments Goals (SDGs), is aiming to achieve. With a focus on SDG 16 on peace, justice and strong institutions and SDG 10 on reducing inequalities, this chapter shows how human rights can contribute to providing legal basis and innovative approaches towards sustainability transformations with justice, where present and future generations of people and other living beings and ecosystems can thrive.

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