A rights foundation for ecological democracy

ABSTRACT

What would it mean to conceptualize some environmental relationships as bundles of rights, rather than as a good as generally defined by liberalism? Environmental rights are a category of human rights necessarily central to both democracy and global environmental protection and governance (ecological democracy). The world of democratic politics and governance since mid-twentieth century has been transformed by a rights revolution in which recognized rights have come to constitute a ‘global normative order.’ There are several policy spaces in which persuasive environmental rights discourses have been emerging from existing or foreseeable congruences of elite and popular environmental norms, including (1) rights involving access to information and decision-making processes; (2) rights ensuring access to food and water; and (3) rights providing environmental security to all. We analyze these three rights discourses and assess their current and necessary future trajectories. We identify next steps in achieving better understanding and more meaningful establishment of environmental rights and their integration into our thinking about human rights, with attention to how they can be reconciled with the social and cultural diversity of democratic environmental governance in coming turbulent times.     

Obligations to animals are based on rights

Some feminist philosophers criticize the idea of human rights because, they allege, it encapsulates male bias; it is therefore misguided, in their view, to extend moral rights to non-human animals. I argue that the feminist criticism is misguided. Ideas are not biased in favour of men simply because they originate with men, nor are ideas themselves biased in favour of men because men have used them prejudicially. As for the position that women should abandon theories of rights and embrace an ethic that emphasizes care: women who made this choice would not so much liberate themselves from the patriarchy as they would conform to its representation of women as emotional, subjective and irrational. There is, then, no good reason to withhold ascribing rights to non-human animals, based on the criticisms of rights made by some feminists.Some of the material in the discussion of the feminist critique of rights originally appeared in my The Case for Animal Rights: A Decade's Passing inA Quarter Century of Value Inquiry: Presidential Addresses of the American Society of Value Inquiry, edited by Richard T. Hull, pp. 451–455. Amsterdam and Atlanta, GA: Rodopi, 1994. These passages are reprinted with the permission of the editor and publisher, whose thoughtful co-operation is gratefully acknowledged.     

Institutional reform in the Andean irrigation sector: Enabling policies for strengthening local rights and water management

For centuries, local and indigenous water rights and rules in the Andean region have been largely neglected and discriminated against. The process of undermining local communities’ water access and control rights continues up to today and not only is it headed by powerful local, national and international water‐use actors encroaching local rights — it is also a direct consequence of vertical State law and intervention practices, and the latest privatization policies. Recognition of and security for the diverse and dynamic local rights and management frameworks is crucial for improving rural livelihoods and even national food security in Andean countries. At the request of the Government of Ecuador — in which at that time the indigenous movement had its political participation — a research mission was organized to formulate a proposal for institutional reform, aiming at the strengthening of the national irrigation sector. In this article, some basic mission results are outlined and analyzed within the scope of four concepts (institutional viability, political democracy, equity, and water rights security), and practical elements for institutional reform are suggested, not only for the Ecuadorian irrigation sector but also other settings. The complementary roles of central Government, local governments and water user organizations in water resources management are emphasized as is the need to strengthen enabling legal and policy frameworks. The importance of translating constitutional recognition of local and indigenous rights and common property systems into practical procedures and institutional structures is also stressed.     

Tradable planning permits versus auctioned tradable development rights: different trading agents,different policy outcomes

The tradable planning permit (TPP) policy seeks to limit the land take by development. It can be used in countries where development rights are vested by land-use planning to certain landowners only. TPPs are traded among public authorities. We introduce here a new policy, called the auctioned tradable development rights (ATDR) policy, which takes advantage of unvested rights of development and of trading among private actors. We compare the TPP, the ATDR policy and our baseline land-use planning model using a set of criteria. There are trade-offs within compared models. Both trading policies extend opportunities for land protection from development in exchange for higher transaction costs (highest in the ATDR policy). Trading policies seek also to recapture a part of development rent, decrease rent-seeking, and locate new development more effectively from the investors' perspective. However, trading among public authorities in the TPP model may hinder attaining these effects.     

Novel Foods and Consumer Rights: Concerning Food Policy in a Liberal State

In the public debate concerning novel foods, someconsumer groups claim a consumer right to have accessto certain kinds of food in the market. To discusssuch statements, the paper identifies the reasons thatmay justify liberal states to regulate food. Althoughit defends certain paternalistic activities, itfavours an autonomy-centred food policy. Autonomy andconsumer sovereignty require that certain conditionsare fulfilled. It may be argued that one suchcondition is that the consumer should have choices.Against this position, the paper defends the view thatliberty rights to choose are limited to areas whichare of great importance for personal identity and thegood life. Local decisions in the area of foodconsumption do not have such importance, though globalones may have it. But even if this were true,government activity to protect such liberties shouldbe limited to the guarantee of formal conditions forthe good life of persons. It is not a legitimate taskof the government to safeguard specific conceptions ofthe good life.     

DEVELOPMENT OF FEDERAL RESERVE RIGHTS1

ABSTRACT: The concept that has been termed “Indian Rights to Water” is one manifestation of the area of federal reserved rights that is a major concern of states in arid regions. The federal reserved rights are those that are reserved in fact or by implication in federal actions, acts, reservations, and treaties. Federal actions include such things as navigation improvement and flood control projects. The Federal Court System, since the Civil War has been promulgating, developing, and protecting federal reserved water rights. The development of those rights can be traced from early cases through the landmark cases such as U.S. v. Rio Grande and Irrigation Co. (1899); Winters v. U.S. (1908) with the origin of the Winters' Doctrine of Indian Rights; Federal Power Commission v. Oregon, commonly called the Pelton Dam Case (1955); Arizona v. California (1963); U.S. v. District Court for Eagle County (1971); to existing suits on surface water sources such as that on appeal in regard to reserved federal water rights on the Truckee River. It can be shown that the federal position has been consistent through all the years in that the federal rights have been protected, expanded, developed, and preserved in a more or less predictable manner.     

The Political Import of Intrinsic Objections to Genetically Engineered Food

Many people object to genetically engineerehd (GE) food because they believe that it is unnatural or that its creation amounts to playing God. These objections are often referred to as intrinsic objections, and they have been widely criticized in the agricultural bioethics literature as being unsound, incompatible with modern science, religious, inchoate, and based on emotion instead of reason. Many of their critics also argue that even if these objections did have some merit as ethicalobjections, their quasi-religious nature means that they are entirely irrelevant when interpreted aspolitical objections regarding what public policy ought to be. In this paper, we argue that this widespread view is false. Intrinsic objections have much more political import than has previously been recognized, and indeed the requirements of political liberalism and its associated idea of liberal neutrality, once properly understood, protect intrinsic objections from many of the most common objections. That is, policy-makers may not legitimately base public policy on grounds that are inconsistent with intrinsic objections, even when they believe those objections to be flawed in the ways mentioned above. This means that in the context of a political debate about GE food, the discussion should not center on the substantive merits of the intrinsic objections themselves but rather on the appropriate political norms for achieving democratically legitimate policy on issues that touch people’s deepest religious and moral beliefs.     

Access rights for outdoor recreation in New Zealand: some lessons for open country in England and Wales

Access opportunities for outdoor recreation in New Zealand and England and Wales are classified according to their conformity with collective, citizenship or exclusion rights and their degrees of permanence. Alternative criteria for the apportionment of access rights are considered in the context of this classification. Different criteria for rights apportionment are found to be appropriate according to different circumstances in the context of pluralist provision. Policy developments in New Zealand are compared with those in England. After 150 years of a dominance of collective rights in New Zealand current policy is shifting provision towards exclusionary rights. In England, there is a policy shift in the other direction, towards collective rights. Lessons for the development of collective rights in England are drawn from the New Zealand experience in relation to styles of governance, public preferences, public cost, insurance liability and the potential of markets.     

Agriculture,ethics, and restrictions on property rights

The argument in this essay is twofold. (1) Procedural justice requires,in particular cases, that we restrict property rights in natural resources, e.g., California agricultural land or Appalachian coal land. (2) Conditions imposed by Locke's political theory and by dense population require,in general, that we restrict property rights in finite or non-renewable natural resources such as land. If these arguments are correct, then we have a moral imperative to use land-use controls (such as taxation, planning, zoning, and acreage limitations) to restructure land ownership and land use in a far more radical way than has ever been accomplished in the past.     

“The right to food is nature too”: food justice and everyday environmental expertise in the Salvadoran permaculture movement

In El Salvador a growing permaculture movement attunes small-scale farming activities to principles of ecological observation. The premise is twofold: close-grained appreciation of already-interacting biophysical processes allows for the design of complementary social and agricultural systems requiring minimum energy inputs. Secondly, the insistence on campesino smallholders as actors in the design of sustainable food systems directly addresses decades of “top-down” developmental interventions, from Green Revolution experiments in the 1960s and 1970s to international food security programmes in the 1990s. Permaculture connects food insecurity to the delegitimisation of smallholder innovation and insists that, through sharing simple techniques, campesino farmers can contribute towards future-oriented questions of environmental sustainability. This repositioning is brought about through the mobilisation of pedagogical techniques that legitimise the experiences and expertise of small-scale farmers, while standardising experimental methods for testing, evaluating and sharing agroecological practices. Like food sovereignty and food justice movements, Salvadoran permaculture links hunger with longer histories of (uneven) capital accumulation and dispossession and renders campesino farmers its protagonists. By modelling a form of expertise premised in intimate involvement with specific environments, permaculture goes still further, seeking to dislodge a pervasive knowledge politics that situates some as knowers and innovators, and others as passive recipients. This grounds human rights in an ethos of caring for the “more-than-human” world and places emphasis on a corollary right as part of food justice, increasingly being demanded “from below”: the right to know.     

Property rights and governance of Africa's rangelands: A policy overview

Recent efforts at securing property rights in dryland Africa have generally involved several interrelated processes such as legal and policy reforms that recognize and strengthen customary rights or the seasonal rights of pastoralists, and the decentralization of land allocation and administration to lower governance levels. These solutions are in turn beset by new problems, key among them are establishing norms for local participation in decision making, preventing manipulation and capture by elites, lack of accountability of local level institutions and authorities, and the onset of a new generation of resource user conflicts. Increasing avenues through which dialogue and communication can occur among policy actors (including local communities) in order to mobilize multiple experiences, information, and to manage power relationships — a collaborative approach to policy governance — is one way of approaching the complexity paradox. This is anticipated to provide opportunity for learning, innovation and adaptability.     

Food, Consumer Concerns, and Trust: Food Ethics for a Globalizing Market

The use of biotechnology in food productiongives rise to consumer concerns. The term ``consumerconcern' is often used as a container notion. Itincludes concerns about food safety, environmental andanimal welfare consequences of food productionsystems, and intrinsic moral objections againstgenetic modification. In order to create clarity adistinction between three different kinds of consumerconcern is proposed. Consumer concerns can be seen assigns of loss of trust. Maintaining consumer trustasks for governmental action. Towards consumerconcerns, governments seem to have limitedpossibilities for public policy. Under current WTOregulations designed to prevent trade disputes,governments can only limit their policies to 1) safetyregulation based upon sound scientific evidence and 2)the stimulation of a system of product labeling. Ananalysis of trust, however, can show that ifgovernments limit their efforts in this way, they willnot do enough to avoid the types of consumer concernsthat diminish trust. The establishment of a technicalbody for food safety – although perhaps necessary –is in itself not enough, because concerns that relatedirectly to food safety cannot be solved by ``pure'science alone. And labeling can only be a good way totake consumer concerns seriously if these concerns arerelated to consumer autonomy. For consumer concernsthat are linked to ideas about a good society,labeling can only provide a solution if it is seen asan addition to political action rather than as itssubstitution. Labeling can help consumers take uptheir political responsibility. As citizens, consumershave certain reasonable concerns that can justifiableinfluence the market. In a free-market society, theyare, as buyers, co-creators of the market, andsocietal steering is partly done by the market.Therefore, they need the information to co-create thatmarket. The basis of labeling in these cases, however,is not the good life of the individual but thepolitical responsibility people have in their role asparticipants in a free-market. Then, public concernsare taken seriously. Labeling in that case does nottake away the possibilities of reaching politicalgoals, but it adds a possibility.     

THE EVOLUTION OF TEXAS WATER LAW AND THE IMPACT OF ADJUDICATION1

Texas' surface water law began its evolution during the Hispanic period of occupance. Later, the English riparian doctrine was adopted, and finally, in the late 1800's, the prior appropriation doctrine was superimposed, resulting in an exceedingly complex dual system. Though the judiciary, legislature, and state water agencies have wrestled with the problem of coordinating these diverse water rights and more accurately delineating and measuring riparian rights and water use since early in this century, until recently all attempts were unsuccessful. The unknown riparian element, in particular, made coordinated and efficient management and administration of the state's surface water resources impossible. Finally, measurable progress toward solution of these problems began in 1967 with passage of the Water Rights Adjudication Act, aimed at identifying all unrecorded surface water rights claims and eventually merging all claims into the permit system. This paper examines the gradual evolution of Texas' curious blend of Hispanic-English riparian rights and later appropriate rights; discusses the resultant problems of water resource administration; and traces the progress of the ongoing water rights adjudication, a lengthy, expensive, and complex procedure, which should eventually make possible more efficient administration of all surface water rights.     

UK allotments and urban food initiatives: (limited?) potential for reducing inequalities

The number of urban food initiatives in many regions of the world, notably Europe and the USA, has burgeoned in recent years, and analyses of the impacts of these activities on people and environments are the focus of an increasing academic literature. The impacts documented include enhanced food security, cohesive neighbourhoods, sustainability, and food justice. Yet, another literature presents opposing analyses and focuses on exclusionary aspects of projects and their enabling of a continued neo-liberal reduction in state welfare provision. As a result, there has been an impasse in debates over the potential of urban food projects to reduce inequalities. This paper proposes that the benchmark of the UK allotment system provides a means to examine these opposing positions. It uses the conceptual frameworks of diverse economies and the capital assets framework to attain clarity in the analysis of the many kinds of food-related activities seen in (peri-)urban areas. Drawing on empirical work in Plymouth, UK, it focuses on the potential of the different food ventures to reduce inequalities, given certain contingent economic and political factors. It also presents evidence that the allotment movement despite its initially radical roots can be seen as largely apolitical in the present day and has no leverage over allocation of land to allotment sites. Even so, evidence is growing that both allotments and the newer forms of urban food activities contribute to meeting national and city-level policy objectives, with the potential to enhance food justice and reduce inequalities.     

WATER MARKETING: THE CASE OF INDIAN RESERVED RIGHTS1

ABSTRACT: Water marketing is an increasing important topic for policy makers and water managers, especially in the Western United States. Indian reserved rights (or Winters rights) differ in significant ways from water rights under most state prior appropriation systems. As Winters rights are quantified, a number of issues are emerging concerning the extent to which these water rights may be marketed, particularly to off-reservation users. This paper will review the evolution of Indian reserved water rights and discuss key issues surrounding the marketing of these rights.     

Waging the struggle for healthy eating: food environments,dietary regimes and Brazil's dietary guidelines

The struggle for healthy eating is a nascent social movement that represents active resistance to the hostile food environments created by multinational food and beverage corporations. Using a political economy approach and leveraging Winson's [2013. The industrial diet: the degradation of food and the struggle for healthy eating. Vancouver: UBC Press] concepts of dietary regimes and the industrial diet, this paper will examine the strengths and limitations of Brazil's new dietary guidelines and discuss its role as a precursor to a new dietary regime that incorporates social justice and sustainability.     

Property rights integrity,tenure security and forestland rental market participation: Evidence from Jiangxi Province,China

The decentralization of property rights is the focus of the forest tenure reforms in several developing countries. In China, it was achieved by the launch of a new round of collective forest tenure reform beginning in 2003, which provided farmers with more integrated and secure forestland rights. Drawing on household data collected in Jiangxi province in 2011 and 2013, this paper examines the impacts of households’ recognition of property rights and improved tenure security on forestland rental activities. Our empirical results show that households with higher perceptions of more complete use rights and mortgage rights have a lower probability and intensity of renting‐in land, while households with lower expectations of future forestland redistribution or expropriation are more likely to rent in forestland and more of it. These results imply that the development of a forestland rental market leading to better forest management requires an integrated forestland management approach consisting of decentralization of property rights and village governance. In particular, the central government may further clarify the rights and obligations affiliated to forestland ownership, contractual rights, and management rights; while the village collective may shift from direct intervention in the integrity and security of forestland rights to the supervision and protection of decentralized forestland rights to increase efficiency from the decentralization of property rights.     

Contemporary and traditional localism: a conceptualisation of rural local food

The increasingly popular local food movement in the US has experienced wide-scale buy-in on behalf of the general public as well as in academic arenas. However, there have been recent efforts to critique this movement, typically for being inequitable and unfairly geared towards those with above-average financial means. In this article, I examine local food efforts and present a new conceptualisation of food localism. While geographically localised food consumption activities are taking place, some have ideological labels attached to them, whereas others do not. What I have termed contemporary and traditional localisms exist in the same physical but different social space. The contemporary local is represented by current local food initiatives and corresponding aspirations to support local farmers and to promote sustainability through local purchasing behaviour. The traditional local, on the other hand, is similar in that it represents food growing activities that are in close geographical proximity to consumption, but lacks the motivation associated with the contemporary local's programmatic literature; instead, it is guided by a motivation to obtain fresh and affordable food. I substantiate the contemporary/traditional localism framework with qualitative fieldwork findings from Grafton County, New Hampshire, USA, and describe the practical as well as conceptual implications of this framework.     

Reasonable creatures: rights and rationalities in valuing the countryside

Debate on the economic valuation of the countryside is typically polarized between absolutist critics who would deny it any valid role and equally fervid proponents who see its techniques as the only way of integrating the environment into policy making. Such debate is structured by conflicting notions of rights, responsibilities and values, rather than by consideration of the role of technique in practical policy‐making. This paper attempts to take the debate forward and begins by examining the ways in which rights, responsibilities and values have been historically created. The techniques of economic valuation rest on particular conceptions of these, making them irreducibly political, and at the same time their results are often used to justify political decisions. Yet the proper role of technique ought to be to explore options. Provided that the sort of clarification that economic valuation offers is understood, it may, along with other types of technique, be used to open up the decision making process.     

当代中国环境治理的权利观

当代中国环境治理的权利观是指从权利的角度去考察、理解当代中国的环境治理,推进当代中国的生态文明建设事业。从这一角度来看,环境相关权利是当代中国环境治理的基本价值目标,也是重要的治理工具。所谓环境相关权利,是指环境治理有助于保障的环境权、生存权和发展权、生命权和健康权,以及在环境治理中可以运用到的知情、表达、参与、监督等权利。当代中国环境治理的权利观,在理论上符合生态文明建设的以人为本原则,符合国家治理体系和能力现代化的方针和取向,在实践上也能够揭示当代中国生态文明建设和环境治理的基本特征、精神实质和发展方向,既具有阐释性,也具有建构性。