Book contents
- Climate Change and the Voiceless
- Climate Change and the Voiceless
- Copyright page
- Dedication
- Contents
- About the Author
- Preface
- Acknowledgments
- 1 An Anthropogenic Problem That Requires an Ecocentric Solution
- 2 Climate Change Litigation in Domestic Courts and Human Rights Commissions
- 3 Protection of Future Generations
- 4 Legal Personhood for Wildlife
- 5 Rights of Nature
- 6 Proposal for Enhanced Stewardship and Rights-Based Protections for the Voiceless
- Subject Index
- Cases Index
6 - Proposal for Enhanced Stewardship and Rights-Based Protections for the Voiceless
Published online by Cambridge University Press: 28 October 2019
- Climate Change and the Voiceless
- Climate Change and the Voiceless
- Copyright page
- Dedication
- Contents
- About the Author
- Preface
- Acknowledgments
- 1 An Anthropogenic Problem That Requires an Ecocentric Solution
- 2 Climate Change Litigation in Domestic Courts and Human Rights Commissions
- 3 Protection of Future Generations
- 4 Legal Personhood for Wildlife
- 5 Rights of Nature
- 6 Proposal for Enhanced Stewardship and Rights-Based Protections for the Voiceless
- Subject Index
- Cases Index
Summary
Chapter 6 proposes a framework to enhance protection of the voiceless in the Anthropocene era. It proposes a substantive standard based on sustainable development, catalyzed by the climate change crisis, and accompanying procedural mechanisms to enforce that standard. Enforcement of the sustainable development standard can be achieved through plaintiffs asserting a procedural and/or informational injury from a government’s breach of duties toward future generations, wildlife, and/or natural resources. These protections can be patterned after US federal environmental laws like the National Environmental Policy Act (NEPA), which reflects ecocentric thinking, whereby an agency’s failure to undertake procedures or provide information designed to fulfill stewardship duties toward the voiceless community would enable humans to sue on behalf of those protected entities to compel the performance of the duty.
- Type
- Chapter
- Information
- Climate Change and the VoicelessProtecting Future Generations, Wildlife, and Natural Resources, pp. 173 - 228Publisher: Cambridge University PressPrint publication year: 2019