Open Daily: 10am - 10pm | Alley door pickup 10am - 7pm 3038 Hennepin Ave Minneapolis, MN
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  • Open Daily: 10am - 10pm
    Alley-side Pickup: 10am - 7pm

    3038 Hennepin Ave Minneapolis, MN
    612-822-4611

Open Daily: 10am - 10pm | Alley-side Pickup: 10am - 7pm
3038 Hennepin Ave Minneapolis, MN
612-822-4611
The Power of Constitutional Rights in Resource Conflicts: Water, Oil and Gold

The Power of Constitutional Rights in Resource Conflicts: Water, Oil and Gold

Khadim, Asmaa

Hardcover

Series: Anthem Environment and Sustainability Initiative, Book 1

General LawSocial Movements

PREORDER - Expected ship date December 31, 2028

ISBN10: 1839989548
ISBN13: 9781839989544
Publisher: Anthem Press
Published: Dec 31 2028
Pages: 250
Language: English

Water is essential to all life and yet never has anthropogenic activity posed a greater risk to our water resources. This book explores legal mechanisms utilized by communities to protect water resources within the context of protracted mining conflicts, focusing on oil sands development in the Canadian boreal forest and gold mining in ecologically sensitive, glacier-rich areas of Argentina. This book highlights constitutional approaches to environmental rights protection in such conflicts. Despite the incorporation of substantive environmental rights into many domestic constitutions, questions remain about the efficacy and functioning of constitutional methods and how constitutional entrenchment may contribute directly to better environmental outcomes within specific contexts. In addition, though a considerable body of ground-breaking work on constitutional environmental rights has emerged in recent years, there has been very little examination of the implications for natural resource projects, which generate some of the greatest environmental impacts. The book seeks to contribute to the literature on constitutional environmentalism by exploring the value of constitutional environmental rights against the backdrop of controversial mining disputes over water impacts.
Because they engage a broad cross-section of public and private actors and institutions, mining projects offer a unique opportunity to investigate a range of sociolegal phenomena and lend well to more holistic research of human rights issues. An examination of mining conflicts can demonstrate the interplay between underlying contextual realities and the legal mechanisms that are utilized by individuals seeking to assert their environmental rights. Mining projects are often tied heavily to economic interests, job and infrastructure creation, and national development policies, and yet they are also associated with serious environmental impacts, conflict with local populations, and power imbalances with marginalized, rural communities and Indigenous peoples. These projects are frequently plagued with human rights complaints, comprising some of the most difficult conflicts of our time. Domestic constitutions are well-situated to address precisely these concerns because of their role in limiting the exercise of government power and binding governments to a set of normative values.

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