Employment / Labour Law

Environmental Discourses in Public and International Law

Edited by Brad Jessup · Kim Rubenstein
Cambridge University Press February 2012

Specifications

ISBN-13
9781107019423
Publisher
Cambridge University Press
Publication
February 2012
Format
Hardback , 558 pages
Jurisdiction
International ? Countri(es) for reference only

Details

This collection of essays examines the development and application of environmental laws and the relationship between public laws and international law. Notions of good governance, transparency and fairness in decision-making are analysed within the area of the law perceived as having the greatest potential to address today's global environmental concerns. International trends, such as free trade and environmental markets, are also observed to be infiltrating national laws. Together, the essays illustrate the idea that in the context of environmental problems being dynamic and environmental changes appearing suddenly, laws become difficult to design and effect. Typically, they are also devised within a conflicted setting. It is in this changeable and discordant context that environmental discourses such as precaution, justice, risk, equity, security, citizenship and markets contribute to legal responses, present legal opportunities or hinder progress.

• Offers transdisciplinary insights and introduces a social science theoretical framework into environmental law which opens up the legal discipline to social scientists and vice versa

• Demonstrates the development of ideas and the increased dominance of discourses about environmental problems

• Challenges conventional views about the development of environmental law and the relationships between public law and international law, thereby presenting novel views and perspectives on a developing field of law

Table of Contents

Contributors
x
Series editors’ preface
xix
Editors’ preface
xxi
Introduction: using discourse theory to untangle public and international environmental law
Brad Jessup and Kim Rubenstein
1
Part I    Theories and rights as discourses in environmental law
21
1         Justice for future generations: environment discourses, international law and climate change
Peter Lawrence
23
2         The journey of environmental justice through public and international law
Brad Jessup
47
3         The political discourse of land stewardship reframed as a statutory duty
Mark Shepheard and Paul Martin
71
4         Dephysicalisation and entitlement: legal and cultural discourses of place as property
Nicole Graham
96
Part II   Discourses in environmental decisions
121
5         Perspectives on discourse in international environmental law: expert knowledge and challenges to deliberative democracy
Jaye Ellis
123
6         Getting to yes: structuring and disciplining arguments for and against transgenic agricultural products in European Union authorisations
Bettina Lange
143
7         Nuclear narratives, environmental discourse and UK energy policy and legislation, 1970–2008
Elizabeth Rough
170
Part III  Environmental discourses in legal institutions
193
8         International courts and sustainable development: using old tools to shape a new discourse
Tim Stephens
195
9         The discourse of environmental security in the ASEAN context
Kheng-Lian Koh
218
10        Public participation in transboundary environmental impact assessment: closing the gap between international and public law?
Simon Marsden
238
Part IV   Discourses in climate law
261
11        Climate change: limits discourses at the interface of international law and environmental law
Lee Godden
263
12        The national interest or good international citizenship? Australia and its approach to international and public climate law
River Cordes-Holland
286
13        The Asia-Pacific Partnership: a deepened market liberal model for the international climate regime?
Jeffrey Mcgee and Ros Taplin
308
14        Global gazing: viewing markets through the lens of emissions trading discourses
Sanja Bogojević
331
Part V    Discourses in the commons
353
15        Polar opposites: environmental discourses and management in Antarctica and the Arctic
Donald R. Rothwell
355
16        Heritage discourses
Ben Boer and Stefan Gruber
375
17        Environmental principles and social change in the ocean dumping regime: a case study of the disposal of carbon dioxide into the seabed
Afshin Akhtarkhavari
399
18        Environmental discourses in the ocean commons: the case of ocean fertilisation
Julia Mayo-Ramsay
420
Concluding remarks: discourse versus strategy
Thomas Pogge
436
Bibliography
448
Index
515

About the Author

Brad Jessup
Australian National University, Canberra

Kim Rubenstein
Australian National University, Canberra

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