Date of Award

3-8-2021

Document Type

Thesis

Degree Name

Master of Laws (LLM)

First Advisor

Estair Van Wagner

Abstract

In this thesis, I apply the theory of environmental justice to determine how NGOs use substantive and procedural environmental rights to advocate for mining-affected nomadic communities in Mongolia. Environmental NGOs often possess legal and scientific expertise pertinent to resolving and mitigating environmental risks and demanding justice for environmental damages on behalf of the mining-affected local communities. Based on the environmental justice theories, I have constructed a theoretical framework to examine how NGOs access and implement environmental justice tools, both domestically and internationally. Using a multi-methods research approach, including documentary analysis and qualitative interviews with NGO experts and lawyers, I was able to uncover the experiences, difficulties, and challenges faced by NGOs as they seek favorable environmental outcomes. My findings demonstrate that domestic and international environmental justice tools provided opportunities to NGOs to litigate, advocate, negotiate, and mediate the disputes between marginalized mining-affected nomadic communities and their much-larger opponents, mining companies.

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