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Environmental Law Dimensions of Human Rights$
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Ben Boer

Print publication date: 2015

Print ISBN-13: 9780198736141

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:oso/9780198736141.001.0001

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Square Pegs and Round Holes?

Square Pegs and Round Holes?

Environmental Rights and the Private Sector

Chapter:
(p.10) (p.11) 1 Square Pegs and Round Holes?
Source:
Environmental Law Dimensions of Human Rights
Author(s):

Natasha Affolder

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198736141.003.0002

New possibilities for conceiving and articulating the environmental dimensions of human rights require new ways of understanding the intersection between the private sector and environmental norms. This chapter offers a counterweight to visions of environmental law-making that give lopsided attention to states. The key objective is to move beyond predictable normative debates in order to illuminate less-noticed aspects of ‘private’ sector engagement with environmental norms. This attention to some of the less glamorous aspects of private sector activity — due diligence, choices of legal techniques, and strategies for framing knowledge — deepens the prevailing dominant vision about the ‘private’ sector and the environmental dimensions of human rights. Private sector actors do not occupy a separate universe from states, governments, and key institutions. It is time to stop writing our accounts of law as though they do.

Keywords:   environmental rights, private sector, corporations, corporate environmental responsibility, biodiversity protection, rights-based approaches, market approaches, corporate engagement

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