Global Democracy and Sustainable Jurisprudence

Global Democracy and Sustainable Jurisprudence PDF

Author: Walter F. Baber

Publisher: MIT Press

Published: 2009-06-12

Total Pages: 478

ISBN-13: 026225798X

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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.

Democracy, Ecological Integrity and International Law

Democracy, Ecological Integrity and International Law PDF

Author: Klaus Bosselmann

Publisher: Cambridge Scholars Publishing

Published: 2009-12-14

Total Pages: 520

ISBN-13: 1443817864

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Democracy, Ecological Integrity and International Law is the latest product of research by the Global Ecological Integrity Group (www.globalecointegrity.net), an organisation that has been meeting annually since 1992 to discuss scientific, philosophical, political and legal aspects of ecological integrity. This collection examines various aspects of governance from the standpoint of integrity: from democracy, to forms of Native governance, from globalization and neocolonialism to specific human rights to food, water and climate.

Consensus and Global Environmental Governance

Consensus and Global Environmental Governance PDF

Author: Walter F. Baber

Publisher: MIT Press

Published: 2015-03-27

Total Pages: 270

ISBN-13: 0262327058

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An examination of the potential and limitations of deliberative consensus as a way to achieve effective international environmental governance. In this book, Walter Baber and Robert Bartlett explore the practical and conceptual implications of a new approach to international environmental governance. Their proposed approach, juristic democracy, emphasizes the role of the citizen rather than the nation-state as the source of legitimacy in international environmental law; it is rooted in local knowledge and grounded in democratic deliberation and consensus. The aim is to construct a global jurisprudence based on collective will formation. Building on concepts presented in their previous book, the award-winning Global Democracy and Sustainable Jurisprudence, Baber and Bartlett examine in detail the challenges that consensus poses for a system of juristic democracy. Baber and Bartlett analyze the implications of deliberative consensus for rule-bounded behavior, for the accomplishment of basic governance tasks, and for diversity in a politically divided and culturally plural world. They assess social science findings about the potential of small-group citizen panels to contribute to rationalized consensus, drawing on the extensive research conducted on the use of juries in courts of law. Finally, they analyze the place of juristic democracy in a future “consensually federal” system for earth system governance.

Global Democracy and Its Difficulties

Global Democracy and Its Difficulties PDF

Author: Anthony J. Langlois

Publisher: Routledge

Published: 2008-08-18

Total Pages: 223

ISBN-13: 113597120X

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Explores the most fundamental challenges to democracy in an era of globalization and addresses universal values, human rights and development, global constitutionalism, institutional complexity and challenges to the Democratic State.

Law and Policy for a New Economy

Law and Policy for a New Economy PDF

Author: Melissa K. Scanlan

Publisher: Edward Elgar Publishing

Published: 2017-05-26

Total Pages: 320

ISBN-13: 1786434520

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This book makes the case for a New Environmentalism, and using a systems change approach, takes the reader through ideas for reorienting the economy. It addresses the laws and policies needed to support the emergence of a new economy across a variety of major areas – from energy to food, across common pool resources, and shifting investments to capitalize locally-connected and mission-driven businesses. The authors take the approach that the challenges are much broader than setting parameters around pollution, and go to the heart of the dominant global political economy. It explores the values needed to transform our current economic system into a new economy supportive of ecological integrity, social justice, and vibrant democracy.

Popular Politics

Popular Politics PDF

Author: George W. Shepherd

Publisher: Praeger

Published: 1998-07-30

Total Pages: 224

ISBN-13:

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George Shepherd provides a popular democratic theory and strategy for democratic transition in the world. He demonstrates how popular democratic ideas have created universal human rights uprisings and popular movements, and he shows how real opposition is building to elite rule. Building on the old liberal and new associative rights of the democratic tradition of the Western world from Harold Laski and Jacques Maritain in Europe to the moral realism of Martin Luther King Jr., John Rawls, and David Brower in America, Professor Shepherd proposes numerous reforms in the economic and political systems that can occur through popular politics and participatory economics. Of considerable interest to activists, concerned citizens, and scholars involved in the debates over democracy and current economic-political policies.

Greening International Jurisprudence

Greening International Jurisprudence PDF

Author: Cathrin Zengerling

Publisher: Martinus Nijhoff Publishers

Published: 2013-08-22

Total Pages: 404

ISBN-13: 9004257314

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Greening International Jurisprudence: Environmental NGOs before International Courts, Tribunals, and Compliance Committees examines how international judicial and quasi-judicial bodies enforce international environmental law, with particular consideration to the role of environmental NGOs. The analytical structure of the study is based on four aspects of discussion and research: the enforcement deficit in environmental law; global environmental governance and sustainable development; the proliferation of international judicial and quasi-judicial bodies; and deliberation and democratic global governance. Author Cathrin Zengerling analyses the institutional structure, as well as the environmental case law from a total of fourteen international courts, arbitral tribunals, and compliance committees with special focus on accessibility, comprehensiveness, and transparency. Underlying this analysis is the fundamental question of whether the respective body appropriately contributes to the realization of democratic governance for sustainable development. After presenting her core findings, the author provides concrete recommendations for future best practices and discusses the need for a new World Environment Court. Researchers, practitioners, and students of international environmental law will find an important, thought-provoking and timely new text in Greening International Jurisprudence: Environmental NGOs before International Courts, Tribunals, and Compliance Committees.

Globalization, Environmental Law, and Sustainable Development in the Global South

Globalization, Environmental Law, and Sustainable Development in the Global South PDF

Author: Kirk W. Junker

Publisher: Routledge

Published: 2021-11-29

Total Pages: 256

ISBN-13: 1000472434

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This volume examines the impact of globalization on international environmental law and the implementation of sustainable development in the Global South. Comprising contributions from lawyers from the Global South or who have experience in the Global South, this volume is organized into three parts, with a thematic inquiry woven through every chapter to ask how law can enable economies that can be sustained, given the limited carrying capacity of the earth. Part I describes and characterizes the status quo of environmental and economic problems in the Global South during the process of globalization. Some of those problems include redistribution of environmental burden on the public through over-reliance on the state in emerging economies and the transition to public-private partnerships, as well as extreme uncontrolled economic expansion. Building on Part I, Part II takes an international perspective by presenting some tools that are in place during the process of globalization that lead to friction and interfaces between developed and developing economies in environmental law. Recognizing the impossibility of a globalized Northern economy, the authors in Part III present some alternatives through framework ideas of human and civil rights, environmental rights, and indigenous persons’ rights, as well as concrete and specific legal tools to strengthen justice and rule of law institutions. The book gives new perspectives to familiar approaches through concrete examples by professional practitioners and theoretical discourse by academic researchers, and can thereby form the basis for changes in practices, as well as further discussions and comparisons. This book will be of great interest to students and scholars of environmental law, sustainable development, and globalization and international relations, as well as legal professionals and practitioners.

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