Resilience justice merges two concepts. One of them is justice, which, analysed from a social-ecological perspective, is understood as equitable access to and distribution of environmental, social, and institutional conditions on which communities depend to thrive and adapt, and the opportunities to participate meaningfully and effectively in governance decisions concerning community conditions. Resilience justice is not, therefore, a solution which intends to exclude the provision and the application of environmental rights. Instead, it is a complementary element (and in some cases also procedural), based on the access to justice and specifically grounded in the principle of equality applied to the protection of those rights. It has to do with access to environmental services, access to environmental justice, and it must be founded on equality. In fact, environmental rights can help communities to face vulnerabilities and achieve resilience justice. And the inverse reality can also happen. However, these different elements must walk hand-in-hand, if the definite goal is to protect the environment where the subjects of those rights live in and ensure that they can evolve, as social systems living together with other ecological systems, maintaining their idiosyncratic characteristics, i.e. being resilient. This means that environmental legal systems must be more grounded in the idea of promoting a social-ecological resilience justice, based on the involvement of communities and stakeholders and more flexible legal instruments. The suggestion of a more adaptive law, which will be introduced and explained in the following chapter, may play a paramount role in this implementation and enhancement of a more effective protection of environmental rights and a coexisting achievement of resilience justice.

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Environmental Rights for Resilience Justice

  • Tiago de Melo Cartaxo

摘要

Resilience justice merges two concepts. One of them is justice, which, analysed from a social-ecological perspective, is understood as equitable access to and distribution of environmental, social, and institutional conditions on which communities depend to thrive and adapt, and the opportunities to participate meaningfully and effectively in governance decisions concerning community conditions. Resilience justice is not, therefore, a solution which intends to exclude the provision and the application of environmental rights. Instead, it is a complementary element (and in some cases also procedural), based on the access to justice and specifically grounded in the principle of equality applied to the protection of those rights. It has to do with access to environmental services, access to environmental justice, and it must be founded on equality. In fact, environmental rights can help communities to face vulnerabilities and achieve resilience justice. And the inverse reality can also happen. However, these different elements must walk hand-in-hand, if the definite goal is to protect the environment where the subjects of those rights live in and ensure that they can evolve, as social systems living together with other ecological systems, maintaining their idiosyncratic characteristics, i.e. being resilient. This means that environmental legal systems must be more grounded in the idea of promoting a social-ecological resilience justice, based on the involvement of communities and stakeholders and more flexible legal instruments. The suggestion of a more adaptive law, which will be introduced and explained in the following chapter, may play a paramount role in this implementation and enhancement of a more effective protection of environmental rights and a coexisting achievement of resilience justice.