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Which direction for international environmental law?
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Anderson, Paul (2015) Which direction for international environmental law? Journal of Human Rights and the Environment, Volume 6 (Number 1). pp. 98-126. doi:10.4337/jhre.2015.01.05 ISSN 1759-7188.
An open access version can be found in:
Official URL: http://dx.doi.org/10.4337/jhre.2015.01.05
Abstract
An enduring challenge to international environmental law is to facilitate the resolution of environmental problems faster than they are being caused. Prominent among potential foundations for substantive international environmental law to this end are (a) neoclassical economic theory (NET) and (b) distributive justice and deliberative democratic theories. Building upon existing critique, this paper makes two broad arguments. The first is that despite the influence of NET's market-based prescriptions, solutions lie not in introducing and extending the privatization and pricing of nature, but instead in subsuming markets within an expanded and enriched public sphere that is characterized inter alia by decentralized, deliberative democratic decision-making. This contention suggests a need to reform substantive environmental law that is informed by NET. The second argument made is that limitations, in particular, of the deliberative democratic approach to environmental problems (e.g., prospects of achieving consensus on natural resource use and the efficacy of any consensus that might be reached) may be overcome by combining it with common key resource control – to put it crudely, by combining meaningful political with economic democracy. This revised foundation would offer a potentially viable foundation for IEL. It also offers guidance for incipient efforts to democratize environmental regulation.
| Item Type: | Journal Article | ||||
|---|---|---|---|---|---|
| Subjects: | K Law [Moys] > KC International Law | ||||
| Divisions: | Faculty of Social Sciences > School of Law | ||||
| Library of Congress Subject Headings (LCSH): | Environmental law, International, Neoclassical school of economics, Distributive justice | ||||
| Journal or Publication Title: | Journal of Human Rights and the Environment | ||||
| Publisher: | Edward Elgar Publishing Ltd | ||||
| ISSN: | 1759-7188 | ||||
| Official Date: | 1 March 2015 | ||||
| Dates: |
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| Volume: | Volume 6 | ||||
| Number: | Number 1 | ||||
| Page Range: | pp. 98-126 | ||||
| DOI: | 10.4337/jhre.2015.01.05 | ||||
| Status: | Peer Reviewed | ||||
| Publication Status: | Published | ||||
| Access rights to Published version: | Restricted or Subscription Access | ||||
| Open Access Version: |
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