Home >
Law >
Employment / Labour Law >
Environmental Discourses in Public and International Law

Environmental Discourses in Public and International Law

Author: Brad Jessup; Kim Rubenstein
Publisher: Cambridge University Press
ISBN: 9781107019423
Published In: February 2012
Format: Hardback , 558 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

Out of stock

Description
Contents
Author

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

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