Climate Change and the Voiceless: Protecting Future Generations, Wildlife, and Natural Resources

Description

Future generations, wildlife, and natural resources - collectively referred to as 'the voiceless' in this work - are the most vulnerable and least equipped populations to protect themselves from the impacts of global climate change. While domestic and international law protections are beginning to recognize rights and responsibilities that apply to the voiceless community, these legal developments have yet to be pursued in a collective manner and have not been considered together in the context of climate change and climate justice. In Climate Change and the Voiceless, Randall S. Abate identifies the common vulnerabilities of the voiceless in the Anthropocene era and demonstrates how the law, by incorporating principles of sustainable development, can evolve to protect their interests more effectively. This work should be read by anyone interested in how the law can be employed to mitigate the effects of climate change on those who stand to lose the most. Contents About the Author Preface Acknowledgments 1 An Anthropogenic Problem That Requires an Ecocentric Solution I Polarizing Gridlock in International and US Climate Change Regulation II The Transition to an Ecocentric Paradigm: What, Why, and How 2 Climate Change Litigation in Domestic Courts and Human Rights Commissions I US Case Studies II Foreign Domestic Case Studies III Human Rights Commission Case Studies 3 Protection of Future Generations: Prior to and during the Anthropocene Era I What Is Intergenerational Equity? II Intergenerational Equity in International Law Instruments III Intergenerational Equity in Foreign Domestic Charters and Constitutions IV Environmental Protection for Future Generations in the Courts: The Minors Oposa Case in the Philippines V Protection of Future Generations in the Anthropocene 4 Legal Personhood for Wildlife: US and Foreign Domestic Judicial Developments I US Judicial Developments II Foreign Domestic Judicial Developments 5 Rights of Nature: US and Foreign Domestic Perspectives I US Developments II Foreign Domestic Developments III International Rights of Nature Tribunal Case Studies 6 Proposal for Enhanced Stewardship and Rights-Based Protections for the Voiceless I Substantive Standard II Procedural Mechanism III Lessons to Help Implement the Proposal IV Addressing Challenges and Limitations of the Proposal Subject Index Cases Index