Towards Democratic Decision-making in Environmental Law

Towards Democratic Decision-making in Environmental Law PDF Author:
Publisher:
ISBN:
Category :
Languages : en
Pages :

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Towards Democratic Decision-making in Environmental Law

Towards Democratic Decision-making in Environmental Law PDF Author:
Publisher:
ISBN:
Category :
Languages : en
Pages :

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Book Description


The Moral Austerity of Environmental Decision Making

The Moral Austerity of Environmental Decision Making PDF Author: John Martin Gillroy
Publisher: Duke University Press
ISBN: 0822383462
Category : Science
Languages : en
Pages : 398

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Book Description
In The Moral Austerity of Environmental Decision Making a group of prominent environmental ethicists, policy analysts, political theorists, and legal experts challenges the dominating influence of market principles and assumptions on the formulation of environmental policy. Emphasizing the concept of sustainability and the centrality of moral deliberation to democracy, they examine the possibilities for a wider variety of moral principles to play an active role in defining “good” environmental decisions. If environmental policy is to be responsible to humanity and to nature in the twenty-first century, they argue, it is imperative that the discourse acknowledge and integrate additional normative assumptions and principles other than those endorsed by the market paradigm. The contributors search for these assumptions and principles in short arguments and debates over the role of science, social justice, instrumental value, and intrinsic value in contemporary environmental policy. In their discussion of moral alternatives to enrich environmental decision making and in their search for a less austere and more robust role for normative discourse in practical policy making, they analyze a series of original case studies that deal with environmental sustainability and natural resources policy including pollution, land use, environmental law, globalism, and public lands. The unique structure of the book—which features the core contributors responding in a discourse format to the central chapters’ essays and debates—helps to highlight the role personal and public values play in democratic decision making generally and in the field of environmental politics specifically. Contributors. Joe Bowersox, David Brower, Susan Buck, Celia Campbell-Mohn, John Martin Gillroy, Joel Kassiola, Jan Laitos, William Lowry, Bryan Norton, Robert Paehlke, Barry G. Rabe, Mark Sagoff, Anna K. Schwab, Bob Pepperman Taylor, Jonathan Wiener

Environmental Democracy at the Global Level:

Environmental Democracy at the Global Level: PDF Author: Giulia Parola
Publisher: Walter de Gruyter
ISBN: 837656014X
Category : Law
Languages : en
Pages : 242

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Book Description
Giulia Parola’s Environmental Democracy at the Global Level: Rights and Duties for a New Citizenship can be seen as a manifesto that is both traditional and revolutionary at the same time. It calls for the construction of a new civilisation centred on the environment, while drawing on the traditional notions of democratic government. It adopts an approach that is focused on the power of individuals rather than governments, as ways to protect and improve the environment. It proposes that environmental rights and ecological duties are self-evident and inalienable, and should be treated as the cornerstones of a new democracy. Parola’s book is a thought provoking and intriguing work that will be of interest to scholars of environmental studies as well as to legal practitioners and non-specialists. Giulia Parola has studied Environmental Law at the University of Torino, at the University of René Descartes in Paris, (where she obtained PhD in Public Law) and at the University of Iceland ( LLM in Natural Resources Law and International Environmental Law). In 2011, she was appointed by the University of Laval (Canada, Quebec) as a researcher and a lecturer in Environmental Law.

Law in Environmental Decision-making

Law in Environmental Decision-making PDF Author: Tim Jewell
Publisher: Oxford University Press
ISBN: 9780198260776
Category : Law
Languages : en
Pages : 338

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Book Description
This collection of essays adopts a distinctive approach to environmental legal issues. The contributors represent a variety of specialisations, ranging from public law to international law and international relations. Some essays are written from within a UK domestic law perspective, butothers adopt a broadly comparative, supra-national or international approach.The contributors do not assume that problems and solutions in 'environmental law' should be perceived as wholly distinct from the preoccupations of existing legal specialisms. New and proposed legal responses inevitably build on or employ established legal techniques, rather than startingcompletely afresh. The contributors do however, regard environmental problems as posing or at least illuminating significant challenges to received patterns of legal thought. In the light of this, the contributors therefore investigate aspects of law's influnce in environmental decision-making, andconsider whether legal institutions and forms of thought can respond adequately to the challenge of environmental change.

Democracy in Practice

Democracy in Practice PDF Author: Thomas C. Beierle
Publisher: Routledge
ISBN: 1136528091
Category : Nature
Languages : en
Pages : 160

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Book Description
In spite of the expanding role of public participation in environmental decisionmaking, there has been little systematic examination of whether it has, to date, contributed toward better environmental management. Neither have there been extensive empirical studies to examine how participation processes can be made more effective. Democracy in Practice brings together, for the first time, the collected experience of 30 years of public involvement in environmental decisionmaking. Using data from 239 cases, the authors evaluate the success of public participation and the contextual and procedural factors that lead to it. Thomas Beierle and Jerry Cayford demonstrate that public participation has not only improved environmental policy, but it has also played an important educational role and has helped resolve the conflict and mistrust that often plague environmental issues. Among the authors' findings are that intensive 'problem-solving' processes are most effective for achieving a broad set of social goals, and participant motivation and agency responsiveness are key factors for success. Democracy in Practice will be useful for a broad range of interests. For researchers, it assembles the most comprehensive data set on the practice of public participation, and presents a systematic typology and evaluation framework. For policymakers, political leaders, and citizens, it provides concrete advice about what to expect from public participation, and how it can be made more effective. Democracy in Practice concludes with a systematic guide for use by government agencies in their efforts to design successful public participation efforts.

A Better Approach to Environmental Reviews

A Better Approach to Environmental Reviews PDF Author: Anna Johnston
Publisher:
ISBN:
Category :
Languages : en
Pages :

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Public Participation and Better Environmental Decisions

Public Participation and Better Environmental Decisions PDF Author: Frans H. J. M. Coenen
Publisher: Springer Science & Business Media
ISBN: 140209325X
Category : Science
Languages : en
Pages : 212

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Book Description
Public Participation and Better Environmental Decisions is about a specific ‘promise’ that participation holds for environmental decision-making. Many of the arguments for public participation in (inter)national environmental policy documents are functional, that is to say they see public participation as a means to an end. Sound solutions to environmental problems require participation beyond experts and political elites. Neglecting information from the public leads to legitimacy questions and potential conflicts. There is a discourse in the literature and in policy practice as to whether decision-making improves in quality as additional relevant information by the public is considered. The promise that public participation holds has to be weighed against the limitations of public participation in terms of costs and interest conflicts. The question that Public Participation and Better Environmental Decisions seeks to answer for academics, planners and civil servants in all environmental relevant policy fields is: What restricts and what enables information to hold the ‘promise’ that public participation lead to better environmental decision-making and better outcomes?

Participation and the Quality of Environmental Decision Making

Participation and the Quality of Environmental Decision Making PDF Author: F. Coenen
Publisher: Springer Science & Business Media
ISBN: 9401153302
Category : Technology & Engineering
Languages : en
Pages : 328

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Book Description
It is clear that our society must become a more sustainable one. To that end, we must change both our production and our consumption patterns. Some argue that this implies the abolition of democratic processes, and thus of citizens' participation in environmental policy. Others argue the opposite: the only way to avoid impending environmental disaster is by engaging in common deliberation and contemplation. Is participation, then, a negative force or not? This volume is one of the first coordinated attempts to study the relationship between democratic, participatory forms of decision making and the quality of environmental decisions. The central question is how can the normatively desirable practice of participatory decision making be combined with an effective approach to environmental issues? Guided by a theoretical introduction by the editors, the 15 chapters deal with topics ranging from the scale of environmental problems, local agenda 21, infrastructural decisions, strategic planning, to environmental policy in developing countries. Three chapters are devoted to each of these broad themes. Each presents either a theoretical or an empirical argument about the central research question, shedding light on such issues as the measurement of decision quality, participation techniques, and the link between participation and decision quality, drawing on experience gained in Europe, North and South America, Asia, and Africa. The introductions to the individual parts of the book have been collectively written by the contributors, who represent a range of professional disciplines, including political science, public policy and planning.

Science-Based Lawmaking

Science-Based Lawmaking PDF Author: Dionysia-Theodora Avgerinopoulou
Publisher: Springer Nature
ISBN: 3030214176
Category : Law
Languages : en
Pages : 419

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Book Description
The Book takes the approach of a critique of the prevailing international environmental law-making processes and their systemic shortcomings. It aims to partly redesign the current international environmental law-making system in order to promote further legislation and more effectively protect the natural environment and public health. Through case studies and doctrinal analyses, an array of initial questions guides the reader through a variety of factors influencing the development of International Environmental Law. After a historical analysis, commencing from the Platonic philosophy up to present, the Book holds that some of the most decisive factors that could create an optimized law-making framework include, among others: progressive voting processes, science-based secondary international environmental legislation, new procedural rules, that enhance the participation in the law-making process by both experts and the public and also review the implementation, compliance and validity of the science-base of the laws. The international community should develop new law-making procedures that include expert opinion. Current scientific uncertainties can be resolved either by policy choices or by referring to the so-called „sound science.“ In formulating a new framework for environmental lawmaking processes, it is essential to re-shape the rules of procedure, so that experts have greater participation in those, in order to improve the quality of International Environmental Law faster than the traditional processes that mainly embrace political priorities generated by the States. Science serves as one of the main tools that will create the next generation of International Environmental Law and help the world transition to a smart, inclusive, sustainable future.

Global Democracy and Sustainable Jurisprudence

Global Democracy and Sustainable Jurisprudence PDF Author: Walter F. Baber
Publisher: MIT Press
ISBN: 026225798X
Category : Political Science
Languages : en
Pages : 478

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Book Description
A proposal for a philosophical foundation and a realistic deliberative mechanism for creating a transnational common law for the environment. In Global Democracy and Sustainable Jurisprudence, Walter Baber and Robert Bartlett explore the necessary characteristics of a meaningful global jurisprudence, a jurisprudence that would underpin international environmental law. Arguing that theories of political deliberation offer useful insights into the current “democratic deficit” in international law, and using this insight as a way to approach the problem of global environmental protection, they offer both a theoretical foundation and a realistic deliberative mechanism for creating effective transnational common law for the environment. Their argument links elements not typically associated: abstract democratic theory and a practical form of deliberative democracy; the legitimacy-imparting value of deliberative democracy and the possibility of legislating through adjudication; common law jurisprudence and the development of transnational environmental law; and conceptual thinking that draws on Deweyan pragmatism, Rawlsian contractarianism, Habermasian critical theory, and the full liberalism of Bohman, Gutmann, and Thompson. Baber and Bartlett offer a democratic method for creating, interpreting, and implementing international environmental norms that involves citizens and bypasses states—an innovation that can be replicated and deployed across a range of policy areas. Transnational environmental consensus would develop through a novel model of juristic democracy that would generate legitimate international environmental law based on processes of hypothetical rule making by citizen juries. This method would translate global environmental norms into international law—law that, unlike all current international law, would be recognized as both fact and norm because of its inherent democratic legitimacy.