Pesticides

Pesticides

Stop experimenting on us! Judicial stories of pesticide resistance in Argentina

María Valeria Berros 24/06/2024 This paper focuses on two paradigmatic court decisions on pesticide spraying in Argentina’s agricultural zone and offers a socio-legal approach based primarily on legal sources. The first case was brought by a small town in the province of Santa Fe and the second involved the entire territory of the province of Entre Ríos, where more than a thousand rural schools are affected by the pesticide uses. Click here for the full article: https://liverpooluniversitypress.co.uk/doi/full/10.3828/whpge.63837646622495?af=

Pesticides

You Cannot Have the Cake and Eat It – How to Reconcile Liberal Fundamental Rights with Answers to the Climate Crisis

Eva Julia Lohse, María Valeria Berros 17/03/2024 Our Western-style constitutional systems are not only built on 16th to 18th century social contract theory, but also mainly on a liberal understanding of individual human rights. They are an element of constitutions and international treaties and are increasingly used as a basis for claims of individuals against states for more action to tackle the climate change crisis. However, a human right to a sustainable climate meets plenty of challenges if understood as a classic human right. The question is whether human rights offer a solution to legal questions of the climate crisis by empowering people to demand specific measures from states. The authors demonstrate how the search for solutions has altered the understanding of human rights globally and will continue to do so. It sheds a light on whether the premises on the relationship between state and individual and burdens on individual freedom can still be answered by paradigms from social contract theories and whether the social contract needs to be enlarged by including non-human actors (like eco-systems) or future generations. Click here for the full article: https://www.degruyter.com/document/doi/10.1515/icl-2022-0018/html