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Environmental Discourses in Public and International Law

Part of Connecting International Law with Public Law

Peter Lawrence, Brad Jessup, Mark Shepheard, Paul Martin, Nicole Graham, Jaye Ellis, Bettina Lange, Elizabeth Rough, Tim Stephens, Kheng-Lian Koh, Simon Marsden, Lee Godden, Owen Cordes-Holland, Jeffrey Mcgee, Ros Taplin, Sanja Bogojević, Donald R. Rothwell, Ben Boer, Stefan Gruber, Afshin Akhtarkhavari, Julia Mayo-Ramsay, Thomas Pogge
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  • Date Published: February 2012
  • availability: Temporarily unavailable - available from September 2019
  • format: Hardback
  • isbn: 9781107019423

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  • 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
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    Product details

    • Date Published: February 2012
    • format: Hardback
    • isbn: 9781107019423
    • length: 558 pages
    • dimensions: 235 x 160 x 29 mm
    • weight: 1kg
    • contains: 3 tables
    • availability: Temporarily unavailable - available from September 2019
  • Table of Contents

    Introduction: using environmental discourses to traverse public and international law Brad Jessup and Kim Rubenstein
    Part I. Theories and Rights as Discourses in Environmental Law:
    1. Justice for future generations: environment discourses, international law and climate change Peter Lawrence
    2. The journey of environmental justice through public and international law Brad Jessup
    3. The political discourse of land stewardship reframed as a statutory duty Mark Shepheard and Paul Martin
    4. Dephysicalisation and entitlement: legal and cultural discourses of place as property Nicole Graham
    Part II. Discourses in Environmental Decisions:
    5. Perspectives on discourse in international environmental law: expert knowledge and challenges to deliberative democracy Jaye Ellis
    6. Getting to yes: structuring and disciplining arguments for and against transgenic agricultural products in European Union authorisations Bettina Lange
    7. Nuclear narratives, environmental discourse and UK energy policy and legislation, 1970–2008 Elizabeth Rough
    Part III. Environmental Discourses in Legal Institutions:
    8. International courts and sustainable development: using old tools to shape a new discourse Tim Stephens
    9. The discourse of environmental security in the ASEAN context Kheng-Lian Koh
    10. Public participation in transboundary environmental impact assessment: closing the gap between international and public law? Simon Marsden
    Part IV. Discourses in Climate Law:
    11. Climate change: limits discourses at the interface of international law and environmental law Lee Godden
    12. The national interest or good international citizenship? Australia and its approach to international and public climate law Owen Cordes-Holland
    13. The Asia-Pacific partnership: a deepened market liberal model for the international climate regime? Jeffrey Mcgee and Ros Taplin
    14. Global gazing: viewing markets through the lens of emissions trading discourses Sanja Bogojević
    Part V. Discourses in the Commons:
    15. Polar opposites: environmental discourses and management in Antarctica and the Arctic Donald R. Rothwell
    16. Heritage discourses Ben Boer and Stefan Gruber
    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
    18. Environmental discourses in the ocean commons: the case of ocean fertilisation Julia Mayo-Ramsay
    Concluding remarks: discourse versus strategy Thomas Pogge.

  • Editors

    Brad Jessup, Australian National University, Canberra
    Brad Jessup teaches and researches at the Australian National University across the disciplines of law and geography.

    Kim Rubenstein, Australian National University, Canberra
    Kim Rubenstein is the Director of the Centre for International and Public Law at the ANU College of Law and the inaugural Convenor of the ANU Gender Institute at the Australian National University, Canberra.

    Contributors

    Peter Lawrence, Brad Jessup, Mark Shepheard, Paul Martin, Nicole Graham, Jaye Ellis, Bettina Lange, Elizabeth Rough, Tim Stephens, Kheng-Lian Koh, Simon Marsden, Lee Godden, Owen Cordes-Holland, Jeffrey Mcgee, Ros Taplin, Sanja Bogojević, Donald R. Rothwell, Ben Boer, Stefan Gruber, Afshin Akhtarkhavari, Julia Mayo-Ramsay, Thomas Pogge

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