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Edited by Rose-Liza Eisma-Osorio, Elizabeth A. Kirk and Jessica Steinberg Albin

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The Impact of Environmental Law

Stories of the World We Want

Edited by Rose-Liza Eisma-Osorio, Elizabeth A. Kirk and Jessica Steinberg Albin

This cutting-edge book invites readers to rethink environmental law and its critical role in ensuring a sustainable future for all. Illustrating narratives of successful developments in environmental law, contributors draw out key lessons and practices for effective reform and highlight opportunities by which we can respond to environmental challenges facing the planet.
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Carla Sbert

This chapter briefly examines whether a shift to ecological law is feasible and what it would entail.

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The Lens of Ecological Law

A Look at Mining

Carla Sbert

Containing an in-depth study of the emerging theory and core of ecological law, this book insightfully proposes a 'lens of ecological law' through which the disparity between current laws and ecological law can be assessed. The lens consists of three principles: ecocentrism, ecological primacy and ecological justice. These principles are used within the book to explore and analyse the challenges and opportunities related to the transition to ecological law and to examine three key mining case studies.
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Edited by Thierry Vansweevelt and Nicola Glover-Thomas

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Informed Consent and Health

A Global Analysis

Edited by Thierry Vansweevelt and Nicola Glover-Thomas

Informed consent is the legal instrument that purports to protect an individual’s autonomy and defends against medical arbitrariness. This illuminating book investigates our evolving understanding of informed consent from a range of comparative and international perspectives, demonstrating the diversity of its interpretations around the world. Chapters offer a nuanced analysis of the problems that impede the understanding and implementation of the concept of informed consent and explore the contemporary challenges that continue to hinder both the patient and the medical community.
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Edited by Philippe Cullet and Sujith Koonan

This comprehensive Research Handbook offers an innovative analysis of environmental law in the global South and contributes to an important reassessment of some of its major underlying concepts. The Research Handbook discusses areas rarely prioritized in environmental law, such as land rights, and underlines how these intersect with issues including poverty, livelihoods and the use of natural resources, challenging familiar narratives around development and sustainability in this context and providing new insights into environmental justice.
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Tracy-Lynn Field

States in mineral-rich jurisdictions must promote mining as a development industry just as they must protect people and environment from the worst excesses of extractivism. State Governance of Mining, Development and Sustainability explores how the State’s role in facilitating a developmental and sustainable mining industry has been defined. In doing so, this astute book considers the impact of the policies and laws of mineral-rich States themselves, multilateral international governance institutions, industry associations, and environmental justice advocates in the areas of property relations, mineral taxation, environmental management and mine closure.
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Nesam McMillan

The ‘problem’ of ‘the child soldier’ is a touchstone of our contemporary time. It names an impassioned concern with the exploitation and victimization of children in situations of armed conflict by more powerful state and non-state actors – a concern which is understood to reflect a global humanitarian sentiment that has emerged in response to the grave violence and injustice that occurs in the world. Influential international actors and institutions frame child soldiering as ‘one of the most deplorable developments in recent years’ and a ‘crime against humanity’, cautioning that ‘[e]mpathy alone with the suffering of boys and girls in times of conflict is not enough. We must act.’ The problem of child soldiering thus justifies a variety of humanitarian campaigns, international justice initiatives and political interventions designed to end the practice. In the name of preventing and redressing the scourge of child soldiering, individuals, communities and organizations come together to denounce this practice and respond to its effects. And at the heart of many of these collaborations and campaigns lies an image of the vulnerable (often African) child compelling protection and care. This is an image that can appear as transparent as it is problematic; an unquestionable depiction of injustice that seems to demand a certain reaction. This is the work of problematization. Problematization refers to the socially, legally, politically, culturally and historically located processes whereby a particular issue or concern emerges on the social and legal scene. It is the giving of form to something which previously did not exist as such, in particular ways. Problematization refers to ‘the totality of discursive or non-discursive practices that introduces something into the play of true and false and constitutes it as an object for thought (whether in the form of moral reflection, scientific knowledge, political analysis)’. Here then, problematization refers to the way in which the complex array of contexts and experiences that have been described so carefully in the preceding pages come to be understood as parts of a whole, as different perspectives on ‘the problem of the child soldier’. And it is from this understanding and articulation of a shared problem that potential solutions can then be crafted – solutions which are always delimited to the terms and truths upon which the initial problematization is based. An attention to problematization, therefore, separates an acknowledgement of the reality of children’s participation in conflict from the current, somewhat cohesive and consistent, way of understanding (and indeed pathologizing) this participation, its nature, causes and potential solutions.

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Mark A. Drumbl and Jastine C. Barrett

Throughout history, armed conflict has ensnared children. On occasion such children have been lauded as heroes or, at least, praised for their martial courage in the darkness of desperate times. Increasingly, however, the involvement of children in armed conflict is no longer seen as unbecoming or an anguished last stand but, instead, as flatly impermissible with the affected children projected as afflicted victims. Global consciousness has shifted. The drift of international human rights law, international criminal law and international humanitarian law both reflects and hardens this shift. The relationship of the child with armed conflict has migrated from one informed by ethics, needs and morality to one regulated by law, rules and public policy. The international community is progressively moving towards a position where the conscription, enlistment or use in hostilities of persons under the age of 18 – in particular by armed groups but also increasingly by armed forces – is seen as unlawful. Many activist and humanitarian groups commit to the cause of ending child soldiering. UNICEF and other United Nations (UN) organs have deeply invested themselves in this mission as well. In 1996, pursuant to a UN General Assembly resolution, Graca Machel of Mozambique submitted a ground-breaking report entitled Impact of Armed Conflict on Children (widely known as the Machel Report). The Machel Report firmly put children and violent conflict on the international agenda and has had considerable social constructivist influence. In light of one of its recommendations, for example, the Office of the Special Representative on Children and Armed Conflict was established within the UN system. The UN Security Council, generally fractured, has unified to issue 12 resolutions over the past two decades on children in armed conflict. The focus of law- and policymakers has further expanded to address the place of children in terrorist groups and to interrogate how counter-terrorist strategies and initiatives should approach such children.