Bridget Lewis

Queensland University of Technology, Faculty of Law, Faculty Member

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Bridget Lewis is a Senior Lecturer at QUT School of Law, where she teaches primarily in international law. Bridget's principal research interests relate to international human rights law, particularly the area of environmental human rights. She has also published in the areas of environmental displacement, climate justice and indigenous rights. Bridget completed her PhD at Monash University on the topic of 'The human right to a good environment in international law and the implications of climate change.’

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Papers by Bridget Lewis

The influence of justice theories on international climate policies and measures

by Bridget Lewis and Rowena Maguire

Macquarie Journal of International and …, 2012

While the justice implications of climate change are well understood by the international climate... more While the justice implications of climate change are well understood by the international climate regime, solutions to meaningfully address climate injustice are still emerging. This article explores how a number of different theories of justice have influenced the development of international climate regime policies and measures. Such analysis is undertaken by examining the theories of remedial justice, environmental justice, energy justice, social justice and international justice. This article demonstrates how each of these theories has influenced the development of international climate policies or measures. No one theory of justice has the ability to respond to the multifaceted justice implications that arise as a result of climate change. It is argued that a variety of lenses of justice are useful when examining issues of injustice in the climate context. It is believed that articulating the justice implications of climate change by reference to theories of justice assists in clarifying the key issues giving rise to injustice. This article finds that while there has been some progress by the regime in recognising the injustices associated with climate change, such recognition is piecemeal and the implementation of many of the policies and measures discussed within this article needs to be either scaled up, or extended into more far-reaching policies and measures to overcome climate justice concerns. Overall it is suggested that climate justice concerns need to be clearly enunciated within key adaptation instruments so as to provide a legal and legitimate basis upon which to leverage action.

Legal Responses to Human-Wildlife Conflict: The Precautionary Principle, Risk Analysis and the 'Lethal Management' of Endangered Species

by Bridget Lewis and Evan Hamman

Sharks can kill, wolves and bears can maim, and bats and birds can spread disease. Human existenc... more Sharks can kill, wolves and bears can maim, and bats and birds can spread disease. Human existence has a long history of such conflicts. But as our populations and activities expand, human-wildlife encounters are an increasingly common source of tension. Some species pose a risk to humans, including through the spread of disease, but may also be endangered or at risk of extinction themselves. In such cases, there is a duty to conserve (nature), but also to protect (the public). Deciding how to respond requires decision-makers to make difficult but important value judgments. This article searches for ways to improve the legal processes for managing these unique situations of human-wildlife conflict. It investigates whether principles of international environmental law and human rights can be part of the solution, and if so, to what extent. The analysis concludes that one of the foremost roles for law is to prescribe processes for decision-makers which are rational, balanced and transparent. Existing principles like the precautionary principle are relevant, but they are only part of a broader risk analysis which must also account for human rights, communities and cultural values.

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Human rights duties towards future generations and the potential for achieving climate justice

Human rights-based approaches to climate change promise to address the intergenerational injustic... more Human rights-based approaches to climate change promise to address the intergenerational injustices of climate change by incorporating an enhanced consideration of the needs of future generations. Yet, a number of questions arise when one contemplates how international human rights law might accommodate the rights of persons as yet unborn. Among them are the theoretical questions of whether it is possible for future generations to possess human rights and for present generations to owe them corresponding duties. Assuming that such a theoretical conceptualisation is possible, a number of legal issues are present in attempting to protect the rights of future generations within current international human rights law, including the question of how the rights of future generations can be balanced against those of current generations. The paper will examine a number of domestic measures designed to protect the rights of future generations and consider how such mechanisms might contribute to a rights-based approach to resolving intergenerational climate injustice.

Quality control for new rights in international human rights law: a case study of the right to a good environment

The significant moral and normative force which comes with asserting that a particular social cla... more The significant moral and normative force which comes with asserting that a particular social claim is a ‘human right’ has led to a variety of interest groups and organisations employing human rights rhetoric in advocating for social, legal or political change. In many cases this is manifested in the declaration of new rights without their having passed through the usual law-making processes. While this technique has proven successful for mobilising public support, it can lead to confusion about whether a particular human right exists in international law, and it could have the consequence of diminishing the status of human rights as a whole...

Neighbourliness and Australia's contribution to regional migration strategies for climate displacement in the Pacific

The prospect of widespread displacement in the Pacific as a result of climate change is becoming ... more The prospect of widespread displacement in the Pacific as a result of climate change is becoming increasingly likely and it is possible that many will eventually need to relocate to other countries. Regional migration strategies not only offer the potential to minimise the harms of relocation, while acknowledging existing relationships of friendship and regional cooperation. This article examines the use of the language of 'neighbourliness' in Australia's regional climate change strategies and argues that, while it expresses friendship, such language can also be employed to avoid the creation of stronger obligations. The article considers the international doctrine of good neighbourliness and concludes that, while international legal obligations may not yet exist, Australia should nonetheless begin planning for regional migration within the Pacific to allow people to migrate with dignity.

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A human rights-based approach to disaster displacement in the Asia-Pacific

by Rowena Maguire and Bridget Lewis

This paper analyzes the application of rights-based approaches to disaster displacement in the As... more This paper analyzes the application of rights-based approaches to disaster displacement in the Asia-Pacific region in order to assess whether the current framework is sufficient to protect the rights of internally displaced persons. It identifies that disaster-induced displacement is increasingly prevalent in the region and that economic and social conditions in many countries mean that the impact of displacement is often prolonged and more severe. The paper identifies the relevant human rights principles which apply in the context of disaster-induced displacement and examines their implementation in a number of soft-law instruments. While it identifies shortcomings in implementation and enforcement, the paper concludes that a rights-based approach could be enhanced by greater engagement with existing human rights treaties and greater implementation of soft-law principles, and that no new instrument is required.

A little learning is a dangerous thing? The ethics of teaching accidental tourists in higher education

by Bridget Lewis and Fiona McDonald

Faculty of Law School of Law, 2013

Identity and disciplinarity: Multi-disciplinary student cohorts in Higher Education [Abstract]

by Bridget Lewis and Fiona McDonald

QUT Digital Repository: http://eprints.qut.edu.au/ ... Duncan-Howell, Jennifer A. and McDonald, F... more

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It’s always a pleasure : exploring productivity and pleasure in a writing group for early career academics

by Angela Dwyer, Bridget Lewis, and Fiona McDonald

The human right to a good environment in international law and the implications of climate change

Environmental factors impact on the enjoyment of human rights in a number of ways. However, the e... more Environmental factors impact on the enjoyment of human rights in a number of ways. However, the exact nature of the relationship between the environment and human rights in international human rights law remains unsettled, most notably in relation to the concept of a human right to a good environment. While the idea of a substantive right to an environment of a particular quality has received considerable support, it has yet to be adopted in any international legal instrument and remains the subject of much debate. This thesis interrogates the concept of a right to a good environment from a variety of perspectives to provide a comprehensive analysis of its suitability for inclusion in international human rights law. Given that climate change represents the biggest environmental challenge to have faced the international community, the thesis considers whether the right to a good environment is capable of providing new approaches for addressing the human rights implications of climate change. This thesis analyses the theoretical, legal, practical and political implications of the right to a good environment. It considers the theoretical foundations of human rights to assess whether the right is justifiable. It is concluded that a ‘good environment’ cannot be linked to human dignity, autonomy or interests without relying on rights which are already protected under existing law, such as the rights to health, food and water. It concludes that, without an independent justification, legal recognition of the right would risk undermining the existing human rights framework. The thesis also considers existing human rights approaches to environmental protection and to climate change in particular to determine whether a new right offers any significant practical benefits which might otherwise justify its recognition. The transnational, cumulative and ongoing impacts of climate change create significant challenges for enforcing human rights and it is argued that these effects would be even more problematic in relation to the right to a good environment. Because international legal recognition of new human rights depends on having the support of States, the thesis considers the current attitudes of States towards environmental human rights and human rights approaches to climate change. States are currently reluctant to acknowledge that they owe human rights obligations with respect to climate change and it is argued that they would be particularly unwilling to accept obligations under a new right to a good environment. Without the support of States, there is little likelihood that the right to a good environment would be adopted into international human rights law. The thesis concludes that continued proposals to recognise the right to a good environment in international law should be abandoned. The various theoretical, legal, practical and political considerations examined in the thesis indicate that it is not possible to settle on a definition of the right which would be both practically useful and independently justifiable. Further attention should instead be directed to clarifying the application of existing human rights law to environmental degradation, including the impacts of climate change.

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Environmental rights or a right to the environment? Exploring the nexus between human rights and environmental protection

Macquarie Journal of International and Comparative Environmental Law, 2012

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Addressing vulnerability and human rights in disaster response mechanisms in Oceania

by Bridget Lewis and Rowena Maguire

Crime, Justice and Social Democracy Conference Proceedings, 2013

The Oceania region is an area particularly prone to natural disasters such as cyclones, tsunamis,... more The Oceania region is an area particularly prone to natural disasters such as cyclones, tsunamis, floods, droughts, earthquakes and volcanic eruptions. Many of the nations in the region are Small Island Developing States (SIDS), yet even within wealthy states such as Australia and New Zealand there are groups which are vulnerable to disaster. Vulnerability to natural disaster can be understood in human rights terms, as natural disasters threaten the enjoyment of a number of rights which are guaranteed under international law, including rights to health, housing, food, water and even the right to life itself. The impacts of climate change threaten to exacerbate these vulnerabilities, yet, despite the foreseeability of further natural disasters as a result of climate change, there currently exists no comprehensive international framework for disaster response offering practical and/or legally reliable mechanisms to assist at‐risk states and communities. This paper sets out to explore the human rights issues presented by natural disasters and examine the extent to which these issues can be addressed by disaster response frameworks at the international, regional and national levels.

The influence of justice theories on international climate policies and measures

Macquarie Journal of International and Comparative Environmental Law, 2012

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Human rights and environmental wrongs : achieving environmental justice through human rights

International Journal for Crime and Justice, 2012

Environmental constitutional reform in the developing world : shifting the perspective of international law?

Shifting Global Powers and International Law: Challenges and Opportunities, 2013

In recent years a growing number of states have chosen to recognise environmental issues in their... more In recent years a growing number of states have chosen to recognise environmental issues in their national constitutions. Some have added declarations about the value of the environment, some have sought to restrict or regulate government’s ability to take action which would potentially harm the environment, while others have proclaimed that citizens possess a right to an environment of a particular quality. A survey of these constitutional provisions reveals that the majority of reform in this area has come from developing states, including a number of states which have been designated as among the least developed countries in the world. The increasing focus on constitutional environmental rights appears to represent a shift in the attitude of developing and emerging economies, which could in turn be influential in setting the tone of the environmental rights debate more broadly, with potential to shape the future development of international law in the area. This chapter examines constitutional environmental rights in an attempt to determine whether consistent state practice can in fact be identified in this area which might form the basis of an emerging norm. It will also analyse some of the potential contributing factors to the proliferation of a constitutional right to a good environment among developing states, and the implications for the development of customary international law.

Climate change and human rights : perspectives of environmental and indigenous rights

Journal of Australasian Law Teachers Association, 2008

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It's always a pleasure: exploring productivity and pleasure in a writing group for early career academics

by Marcelle Burns, Bridget Lewis, Fiona McDonald, and Angela Dwyer

Studies in Continuing Education, 2012

The professional development needs of early career academics (ECAs) are increasingly subject to s... more The professional development needs of early career academics (ECAs) are increasingly subject to scrutiny. The literature notes writing groups can be successful in increasing research outputs and improving research track records – a core concern for ECAs. However, the pressure on ECAs to publish takes the pleasure out of writing for many. We argue writing groups, created by and for ECAs, can provide an environment for ECAs to (re)produce pleasure in writing and participation in the processes of academic review and debate. In addition, our experience of a writing group was that it provided a platform of social and emotional support contributing to our personal well-being and professional development.

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Reports by Bridget Lewis

The effectiveness of the Precautionary Principle in protecting Australia's endangered species: Testing methods for evaluating environmental law

by Bridget Lewis, Brodie Evans, and Rana Koroglu

This report is the result of a small-scale experiment looking at improving methods for evaluating... more This report is the result of a small-scale experiment looking at improving methods for evaluating environmental laws. The objective in this research was to evaluate the effectiveness of the precautionary principle – an accepted principle of international environmental law – in the context of Australia’s endangered species. Two case studies were selected by our team: the (Great) White Shark and an endangered native Australian plant known as Tylophora Linearis.

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Bridget Lewis

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