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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.
Author: Walter F. Baber
Publisher: MIT Press
ISBN: 026225798X
Category : Political Science
Languages : en
Pages : 478
Get Book
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.
Author: Walter F. Baber
Publisher: MIT Press
ISBN: 0262327058
Category : Political Science
Languages : en
Pages : 270
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Book Description
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.
Author: Klaus Bosselmann
Publisher: Cambridge Scholars Publishing
ISBN: 1443817864
Category : Philosophy
Languages : en
Pages : 520
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Book Description
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.
Author: Sabino Cassese
Publisher: Global Law Press
ISBN: 8493634964
Category : Law
Languages : en
Pages : 176
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Book Description
Author: Anthony J. Langlois
Publisher: Routledge
ISBN: 113597120X
Category : Law
Languages : en
Pages : 223
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Book Description
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.
Author: George W. Shepherd
Publisher: Praeger
ISBN:
Category : Business & Economics
Languages : en
Pages : 224
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Book Description
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.
Author: Melissa K. Scanlan
Publisher: Edward Elgar Publishing
ISBN: 1786434520
Category :
Languages : en
Pages : 320
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Book Description
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.
Author: Walter F. Baber
Publisher: Mit Press
ISBN:
Category : Business & Economics
Languages : en
Pages : 296
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Book Description
Linking theory and practice, this book explores the potential of deliberative democracy to produce more effective environmental policy.
Author: Vandana Shiva
Publisher: North Atlantic Books
ISBN: 1623170419
Category : Political Science
Languages : en
Pages : 193
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Book Description
World-renowned environmental activist and physicist Vandana Shiva calls for a radical shift in the values that govern democracies, condemning the role that unrestricted capitalism has played in the destruction of environments and livelihoods. She explores the issues she helped bring to international attention—genetic food engineering, culture theft, and natural resource privatization—uncovering their links to the rising tide of fundamentalism, violence against women, and planetary death. Struggles on the streets of Seattle and Cancun and in homes and farms across the world have yielded a set of principles based on inclusion, nonviolence, reclaiming the commons, and freely sharing the earth’s resources. These ideals, which Dr. Shiva calls “Earth Democracy,” serve as an urgent call to peace and as the basis for a just and sustainable future.
Author: Cathrin Zengerling
Publisher: Martinus Nijhoff Publishers
ISBN: 9004257314
Category : Law
Languages : en
Pages : 404
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Book Description
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.
