To save content items to your account,
please confirm that you agree to abide by our usage policies.
If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account.
Find out more about saving content to .
To save content items to your Kindle, first ensure no-reply@cambridge.org
is added to your Approved Personal Document E-mail List under your Personal Document Settings
on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part
of your Kindle email address below.
Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations.
‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi.
‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Environmental defenders have been essential in protecting the environment and developing environmental law and governance. However, due to their struggles, they have been targeted by actors whose interests in capital accumulation and economic growth are affected. Besides being attacked through direct forms of violence, such as killings, physical assaults, and threats, environmental defenders are also retaliated through legal means. Hence, this chapter sets a background on an increasingly common phenomenon in Southeast Asia where law and legal institutions are mobilised by politico-business elites to intimidate environmental defenders.
This chapter examines how environmental movements challenge, halt, and prevent hegemonic environmental lawfare. The first part deals with rights-based legal mobilisation. It explores the mobilisation of human rights to build arguments in challenging hegemonic environmental lawfare in litigation and legal reform at the domestic, regional, or international levels. The second part problematises the rights-based mobilisation in Southeast Asia, demonstrating its problem in the region. Inspired by the ‘duty-turn’ in resistance studies, the third part proposes duty-based legal mobilisation by conceptualising the obligation to defend the environment as a justificatory defence in resisting hegemonic environmental lawfare.
The book concludes by emphasising that HEL emerges as a reaction and response of the power holders to address challenges in their pursuit of economic growth and capital accumulation posed by environmental defenders without risking their legitimacy. In addition, it will also point out how the literature on environmental law is implicated by the findings discussed in the book. Finally, the book’s conclusion closes by providing insights for future research agenda on HEL.
This chapter compares HEL in Indonesia, Thailand, and the Philippines while interrogating the two strategic dimensions of geographies and weaponry. The geographical dimension encompasses three forms of jurisdiction: (1) subject-matter jurisdictions, that is, the legal procedures mobilised to silence, intimidate, or attack environmental defenders (criminal, civil, and administrative law); (2) territorial jurisdictions (legal institutions’ geographical scope of competence); and (3) sectoral jurisdictions (economic sectors where HEL is exercised). The weaponry dimension explains the legal provisions, including criminal offences, mobilised by state and private attackers to intimidate and punish environmental defenders. It reveals how environmental defenders in three countries are harassed through legal means, mainly the criminal justice system in resource-rich or industrialised regions.