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The Foundations of the Aarhus Convention: Environmental Rights, Democracy and Stewardship

The Foundations of the Aarhus Convention: Environmental Rights, Democracy and Stewardship

Author: Emily Barritt
Publisher: Hart Publishing
ISBN: 9781509915279

Published In: October 2020
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509945405

List Price: HKD 1,235.00

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Description
Contents

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This important new monograph offers an innovative new analysis of the Convention. Environmental law is dense with monolithic concepts, from environmental democracy to intergenerational justice, from sustainable development to stewardship. Each concept generating its own mythology about what environmental law should aspire to. Sometimes these ideas become so big that we lose hold of their meaning and therefore what we allude to when we describe environmental law in such terms. No more so is this true than in relation to the Aarhus Convention, an ambitious instrument of environmental law that promotes public participation and access to justice in relation to the environment.

Since its inception it has been revered in glowing terms, praised variously for its contribution to citizenship, environmental responsibility and democratic legitimacy. But how are we to know whether these descriptions are mere puffs or genuine statements about the Convention's character. This book digs deep into the foundations of the Aarhus Convention, illuminating its ambitious potential through the lens of three foundational purposes - environmental rights, democracy and stewardship. In so doing, it both contributes to our understanding of the Convention and our understanding of three important purposes that inhabit environmental law, unravelling and reassembling them to build meaning into our broad-brush descriptions.

1. The Philosophical Scope of the Aarhus Convention

I. Introduction

II. Constructing the Convention

A. The Three Pillars

B. Unveiling the Foundations

III. Understanding the Aarhus Convention

A. Methodological Approach

B. Containing Complexity and Contestability

IV. Conclusion

2. The Three Purposes

I. Introduction

II. A Purpose-Driven Approach

III. The Ambition of Environmental Democracy

IV. The Ambiguity of Environmental Rights

V. The Air of Environmental Stewardship

VI. Conclusion

3. Environmental Democracy

I. Introduction

II. The Narrative of Democracy

A. Scrambling through the Thicket

B. Boundary Markers of Democracy

III. The Complexities of Environmental Decision-Making

IV. The Dimensions of Environmental Democracy

A. The Normative Dimensions of Environmental Democracy

B. The Structural Arrangements of Environmental Democracy

V. Conclusion

4. Environmental Rights

I. Introduction

II. Rights Territory

A. The Character of Rights

B. The Special Character of Human Rights

C. Conclusions

III. Environmental Ground

A. Environmental Rights as Substantive Human Rights

i. Historical Foundations

ii. Moral Framing

iii. Legal Development

iv. Conclusions

B. Procedural Environmental Rights

C. Rights of Future Generations

IV. Conclusion

5. Environmental Stewardship

I. Introduction

II. Environmental Stewardship, An Artist's Impression

III. Elements of Stewardship

A. Object of the Stewardship Duty

B. Beneficiaries of the Stewardship Duty

C. Holder of the Stewardship Duty

D. Nature of the Duty: Relationships and Values

i. Custodial Stewardship

ii. Managerial Stewardship

iii. Proprietorial Stewardship

iv. Spiritual Stewardship

IV. Conclusion

6. Interpretive Possibilities

I. Introduction

II. The Purposive Approach

III. Environmental Democracy in the Context of the Aarhus Convention

A. The Environmental Democracy Purpose of the Aarhus Convention

B. Interpretive Consequences of the Environmental Democracy Purpose

C. Conclusions

IV. Environmental Rights in the Context of the Aarhus Convention

A. The Environmental Rights Purpose of the Convention

i. Solution I: The Moral Right

ii. Solution II: The Emerging Legal Right

B. Interpretive Consequences of the Rights Purpose

C. Conclusions

V. Environmental Stewardship in the Context of the Aarhus Convention

A. The Environmental Stewardship Purpose of the Aarhus Convention

B. Interpretive Consequences of the Stewardship Purpose

C. Conclusions

VI. Conclusionn

7. Conclusion

I. Introduction

II. Negative Capability

III. An Affair to Remember

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