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Author: Bradly J. Condon
Publisher: BRILL
ISBN: 1571053662
Category : Law
Languages : en
Pages : 365
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Book Description
The growing body of WTO jurisprudence is of profound significance for the development of the general body of international law. With this in mind, Environmental Sovereignty and the WTO succinctly examines how the WTO law can contribute to achieving coherence between general international law, international environmental law and international trade law and avoid conflicts between trade liberalization and global environmental protection. Professor Condon argues that these three branches of law are generally consistent with each other in the area of international law where they intersect. However, WTO jurisprudence can benefit from a more explicit analysis, provided here, of the way that panel decisions fit into the general framework of international law. No law reforms are currently needed to facilitate this task. As the text shows, it is a matter of using the current WTO rules to resolve conflicts between treaties such as the General Agreement on Tariffs and Trade (GATT) and multilateral environmental agreements (MEAs) and to determine the circumstances in which unilateral trade measures should be permitted. The topics addressed in Environmental Sovereignty and the WTO will be of considerable interest to a broad audience given the global political controversy over American unilateralism, the fairness of WTO rules to poor countries, and the effect of trade rules on efforts to protect the global environment. However, the book addresses these controversial issues without sacrificing academic rigour and will appeal to a scholarly and professional audience seeking new approaches to addressing the problems raised by the globalization of law. Published under the Transnational Publishers imprint.
Author: Bradly J. Condon
Publisher: BRILL
ISBN: 1571053662
Category : Law
Languages : en
Pages : 365
Get Book Here
Book Description
The growing body of WTO jurisprudence is of profound significance for the development of the general body of international law. With this in mind, Environmental Sovereignty and the WTO succinctly examines how the WTO law can contribute to achieving coherence between general international law, international environmental law and international trade law and avoid conflicts between trade liberalization and global environmental protection. Professor Condon argues that these three branches of law are generally consistent with each other in the area of international law where they intersect. However, WTO jurisprudence can benefit from a more explicit analysis, provided here, of the way that panel decisions fit into the general framework of international law. No law reforms are currently needed to facilitate this task. As the text shows, it is a matter of using the current WTO rules to resolve conflicts between treaties such as the General Agreement on Tariffs and Trade (GATT) and multilateral environmental agreements (MEAs) and to determine the circumstances in which unilateral trade measures should be permitted. The topics addressed in Environmental Sovereignty and the WTO will be of considerable interest to a broad audience given the global political controversy over American unilateralism, the fairness of WTO rules to poor countries, and the effect of trade rules on efforts to protect the global environment. However, the book addresses these controversial issues without sacrificing academic rigour and will appeal to a scholarly and professional audience seeking new approaches to addressing the problems raised by the globalization of law. Published under the Transnational Publishers imprint.
Author: Thom Kuehls
Publisher: U of Minnesota Press
ISBN: 9780816624676
Category : Political Science
Languages : en
Pages : 226
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Book Description
How should we think about politics in a world where ecological problems - from the deforestation of the Amazon to acid rain - transcend national boundaries? This is the timely and important question addressed by Thom Kuehls in Beyond Sovereign Territory. Contending that the sovereign territorial state is not adequate to contain or describe the boundaries of ecopolitics, the author reorients our thinking about government, nature, and politics. Kuehls argues that changes in technology and the scope of governmental aims have rendered conventional ecological and internationalist aims anachronistic - and ultimately ineffective - in the face of impending environmental collapse. He questions the process by which land is transformed into an object of sovereignty - into "territory" - demonstrating how representations of political space that are premised on territorial sovereignty fail to come to terms with much of what is involved in ecopolitics. Ultimately, Kuehls critiques an orientation that privileges a certain utilitarian relationship between humans and nonhuman nature, one in which the earth is largely interpreted as given to humans. Deeply humanistic and challenging conventional wisdom, Beyond Sovereign Territory will be of interest to readers of environmental politics, geography, international politics, and political theory.
Author: Karen T. Litfin
Publisher: John Wiley & Sons
ISBN: 0745681239
Category : Political Science
Languages : en
Pages : 214
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Book Description
In a world of dwindling natural resources and mounting environmental crisis, who is devising ways of living that will work for the long haul? And how can we, as individuals, make a difference? To answer these fundamental questions, Professor Karen Litfin embarked upon a journey to many of the world’s ecovillagesÑintentional communities at the cutting-edge of sustainable living. From rural to urban, high tech to low tech, spiritual to secular, she discovered an under-the-radar global movement making positive and radical changes from the ground up. In this inspiring and insightful book, Karen Litfin shares her unique experience of these experiments in sustainable living through four broad windows - ecology, economics, community, and consciousness - or E2C2. Whether we live in an ecovillage or a city, she contends, we must incorporate these four key elements if we wish to harmonize our lives with our home planet. Not only is another world possible, it is already being born in small pockets the world over. These micro-societies, however, are small and time is short. Fortunately - as Litfin persuasively argues - their successes can be applied to existing social structures, from the local to the global scale, providing sustainable ways of living for generations to come. You can learn more about Karen's experiences on the Ecovillages website: http://ecovillagebook.org/
Author: Omar Dahbour
Publisher: Taylor & Francis
ISBN: 1040265057
Category : Political Science
Languages : en
Pages : 247
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Book Description
In this book, Omar Dahbour develops the idea of ecosystem sovereignty, calling for a reinterpretation of some essential concepts in political philosophy, including territoriality, self-determination, peoplehood, and sovereignty, in order to make the case for peoples’ rights to protect and maintain their natural environments. In doing so, he theorizes current and historical struggles against resource extractions and land grabs, especially by food sovereignty and indigenous rights movements. The basic idea of ecosovereignty is that peoples living in relation to particular ecosystems have a collective right to ultimate authority over those systems and the resources they contain—provided they manage them sustainably. Dahbour argues that this authority has a legitimacy that overrides that of larger states, at least with regard to matters of environmental management. Ecosovereignty claims may strengthen challenges by peoples to states and corporations seeking to control and transform lands and waters for development, against the wishes of their inhabitants. Dahbour hopes the idea will provide a powerful tool for halting extractivism and ecocide, along with the extreme violence that these processes use against farming, indigenous peoples, and nature. Connecting political and environmental philosophy in an innovative way, Ecosovereignty: A Political Principle for the Environmental Crisis will keep scholars and students informed about an increasingly important topic.
Author: Mick Smith
Publisher: U of Minnesota Press
ISBN: 1452932913
Category : Political Science
Languages : en
Pages : 295
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Book Description
Links the political critique of sovereign power with ecological concerns
Author: Robyn Eckersley
Publisher: MIT Press
ISBN: 0262550563
Category : Political Science
Languages : en
Pages : 349
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Book Description
What would constitute a definitively "green" state? In this important new book, Robyn Eckersley explores what it might take to create a green democratic state as an alternative to the classical liberal democratic state, the indiscriminate growth-dependent welfare state, and the neoliberal market-focused state—seeking, she writes, "to navigate between undisciplined political imagination and pessimistic resignation to the status quo." In recent years, most environmental scholars and environmentalists have characterized the sovereign state as ineffectual and have criticized nations for perpetuating ecological destruction. Going consciously against the grain of much current thinking, this book argues that the state is still the preeminent political institution for addressing environmental problems. States remain the gatekeepers of the global order, and greening the state is a necessary step, Eckersley argues, toward greening domestic and international policy and law. The Green State seeks to connect the moral and practical concerns of the environmental movement with contemporary theories about the state, democracy, and justice. Eckersley's proposed "critical political ecology" expands the boundaries of the moral community to include the natural environment in which the human community is embedded. This is the first book to make the vision of a "good" green state explicit, to explore the obstacles to its achievement, and to suggest practical constitutional and multilateral arrangements that could help transform the liberal democratic state into a postliberal green democratic state. Rethinking the state in light of the principles of ecological democracy ultimately casts it in a new role: that of an ecological steward and facilitator of transboundary democracy rather than a selfish actor jealously protecting its territory.
Author: Wenhua Shan
Publisher: Bloomsbury Publishing
ISBN: 184731421X
Category : Law
Languages : en
Pages : 516
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Book Description
The concept of state sovereignty is increasingly challenged by a proliferation of international economic instruments and major international economic institutions. States from both the south and north are re-examining and debating the extent to which they should cede control over their economic and social policies to achieve global economic efficiency in an interdependent world. International lawyers are seriously rethinking the subject of state sovereignty, in relation to the operation of the main international economic institutions, namely the WTO, the World Bank and the International Monetary Fund (IMF). The contributions in this volume, bringing together leading scholars from the developed and developing worlds, take up the challenge of debating the meaning of sovereignty and the impact of international economic law on state sovereignty. The first part looks at the issues from the perspectives of general international law, international economic law and legal theory. Part two discusses the impact of trade liberalisation on the sovereignty of both industrialised and developing states and Part three concentrates on the challenge to state sovereignty created by the proliferation of investment treaties and the significant recent growth of investment treaty based arbitration cases. Part four focuses on the domestic and international effects of international financial intermediaries and markets. Part five explores the tensions and intersections between the international regulation of trade and investment, international human rights and state sovereignty
Author: Franz Xaver Perrez
Publisher: BRILL
ISBN: 9004478132
Category : Law
Languages : en
Pages : 416
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Book Description
In the late 20th century, it has become widely accepted that States need to cooperate in order to pursue effectively their interests within the increasingly interdependent world order. At the same time, the principle of sovereignty is still often invoked as a claim for independence and a justification for non-cooperation. This book goes beyond that traditional understanding to develop a new theory which holds that cooperation between States is not an independent principle supplementing State sovereignty or even a counterweight to State sovereignty. Rather, cooperation should be conceived an element of the very notion of sovereignty itself. Sovereignty is not a negative principle meaning merely State independence and freedom, but it also inherently includes a positive element which stresses a State's innate membership in the international community and its authority, its responsibility, its duty to participate actively in that community. In short, sovereignty not only means independence, it also means a responsibility to cooperate. The first part of the book traces the history of the principle of sovereignty from the theories of Grotius and Francisco de Vitoria to the modern understanding of the principle in the light of the United Nations system. The second part of the book poses challenges to the traditional concept of sovereignty in the light of the 20th century interdependence, and the third part goes on to formulate a new theory which takes into account the principles of customary law and treaty law. The conclusions drawn on by the author are refreshing, but may also be controversial, and this book will most definitely contribute to the discussion and development of the principle of sovereignty in international law.
Author: Djura Ninčić
Publisher: Brill Archive
ISBN:
Category : Law
Languages : en
Pages : 406
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Book Description
Author: John W. Head
Publisher: Routledge
ISBN: 1000020746
Category : Business & Economics
Languages : en
Pages : 325
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Book Description
This book examines global environmental governance and how legal, institutional, and conceptual reform can facilitate a transformation to a new ‘natural-systems’ form of agriculture. Profound global climate disruption makes it essential that we replace our current agricultural system – described in this book as a fossil-carbon-dependent ‘modern extractive agriculture’ – with a natural-systems agriculture featuring perennial grains growing in polycultures, thereby mimicking the natural grassland and forest ecosystems that modern extractive agriculture has largely destroyed. After examining relevant international legal and conceptual foundations (sovereignty, federalism, global governance) and existing international organizations focusing on agriculture, the book explores legal and institutional opportunities to facilitate dramatic agricultural reform and ecological restoration. Among other things, it explains how innovative federalism structures around the world provide patterns for reorienting global environmental governance, including what the book calls eco-states that would, through exercise of pluralistic sovereignty, be responsible for agroecological management. Drawing from his experience working in international institutions, the author provides detailed global-governance proposals for facilitating the type of agricultural reform that can help avoid ecological collapse, especially through soil degradation and climate change. This book will be of great interest to students and scholars of international law, agroecology, climate change, ecological restoration, sustainable development, and global governance, as well as policy-makers and practitioners working in these fields.
