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Procedural Environmental Rights and Environmental Justice: Assessing the Impact of Environmental Constitutionalism

Listed author(s):
  • Joshua C. Gellers

    (University of North Florida)

  • Christopher Jeffords

    (Indiana University of Pennsylvania)

The global trend toward the adoption of environmental rights within national constitutions has been largely regarded as a positive development for both human rights and the natural environment. The impact of constitutional environmental rights, however, has yet to be systematically assessed using empirical data. In particular, the expansion of procedural environmental rights—legal provisions relating to access to information, participation, and justice in environmental matters—provides fertile ground for analyzing how environmental rights directly interface with conditions necessary for a functioning democracy. In order to understand the extent to which these provisions deliver on their lofty aspirations, the authors conduct a quantitative analysis designed to evaluate the relationship between procedural environmental rights and environmental justice. The results demonstrate that states with procedural environmental rights are more likely than non-adopting states to facilitate the attainment of environmental justice, especially as it relates to access to information.

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File URL: http://web2.uconn.edu/economics/working/HRI25.pdf
File Function: Full text
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Paper provided by University of Connecticut, Human Rights Institute in its series Economic Rights Working Papers with number 25.

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Length: 24 pages
Date of creation: Aug 2015
Handle: RePEc:uct:ecriwp:hri25
Contact details of provider: Postal:
University of Connecticut Thomas J. Dodd Research Center 405 Babbidge Road, Unit 1205 Storrs, CT 06269-1205

Phone: 860-486-8739
Fax: 860-486-6332
Web page: http://www.humanrights.uconn.edu/

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  1. Edwards, Sebastian & Garcia Marin, Alvaro, 2015. "Constitutional rights and education: An international comparative study," Journal of Comparative Economics, Elsevier, vol. 43(4), pages 938-955.
  2. Minkler, Lanse & Prakash, Nishith, 2015. "The Role of Constitutions on Poverty: A Cross-National Investigation," IZA Discussion Papers 8877, Institute for the Study of Labor (IZA).
  3. Chris Jeffords & Lanse Minkler, 2016. "Do Constitutions Matter? The Effects of Constitutional Environmental Rights Provisions on Environmental Outcomes," Kyklos, Wiley Blackwell, vol. 69(2), pages 294-335, 05.
  4. Fukuda-Parr, Sakiko & Lawson-Remer, Terra & Randolph, Susan, 2015. "Fulfilling Social and Economic Rights," OUP Catalogue, Oxford University Press, number 9780199735518.
  5. Christopher Jeffords, 2015. "A Panel Data Analysis of the Effects of Constitutional Environmental Rights Provisions on Access to Improved Sanitation Facilities and Water Sources," Economic Rights Working Papers 24, University of Connecticut, Human Rights Institute.
  6. Christopher Jeffords, 2011. "Constitutional Environmental Human Rights: A Descriptive Analysis of 142 National Constitutions," Economic Rights Working Papers 16, University of Connecticut, Human Rights Institute.
  7. Joshua Gellers, 2012. "Greening Constitutions with Environmental Rights: Testing the Isomorphism Thesis," Review of Policy Research, Policy Studies Organization, vol. 29(4), pages 523-543, 07.
  8. Bob Giddings & Bill Hopwood & Geoff O'Brien, 2002. "Environment, economy and society: fitting them together into sustainable development," Sustainable Development, John Wiley & Sons, Ltd., vol. 10(4), pages 187-196.
  9. Elizabeth Kaletski & Lanse Minkler & Nishith Prakash & Susan Randolph, 2014. "Does Constitutionalizing Economic and Social Rights Promote their Fulfillment?," Economic Rights Working Papers 23, University of Connecticut, Human Rights Institute.
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