Environmental Discourses in Public and International Law by Brad Jessup, Kim Rubenstein

By Brad Jessup, Kim Rubenstein

This selection of essays examines the improvement and alertness of environmental legislation and the connection among public legislation and foreign legislation. Notions of excellent governance, transparency and equity in decision-making are analysed in the region of the legislations perceived as having the best power to deal with ultra-modern international environmental issues. foreign tendencies, reminiscent of unfastened alternate and environmental markets, also are saw to be infiltrating nationwide legislation. jointly, the essays illustrate the concept that within the context of environmental difficulties being dynamic and environmental alterations showing abruptly, legislation develop into tricky to layout and impression. in general, also they are devised inside of a conflicted environment. it truly is during this changeable and discordant context that environmental discourses similar to precaution, justice, chance, fairness, safety, citizenship and markets give a contribution to criminal responses, current felony possibilities or prevent growth.

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The Copenhagen Accord of 18 December 2009 involved a pledge and review mechanism with an objective of limiting climate change to 2°C, but emission reduction commitments have fallen well short of what is required,5 and what is equitable and just. 2. Intergenerational equity and the dominant discourses of industrialism and ecological modernisation Hajer argues that from the mid-1980s the dominant way of conceptualising environmental policy-making in Europe and then globally can be 4 5 See below Chapter 12 by River Cordes-Holland.

12 on Mon Oct 08 05:04:28 BST 2012. 003 Cambridge Books Online © Cambridge University Press, 2012 introduction: using discourse theory 11 the calls for access to environmental justice involve at least three distinct issues. First, individuals and public interest groups should be able to hold states accountable in law for the non-observance of international environmental law. Second, individuals and public interest groups should be able to hold non-state actors, such as multinational corporations, accountable in law.

The chapter shows how an environmental discourse led by politicians can be used strategically to resist change just as it is by segments of society to activate change. A discourse of market liberalism is the focus of the chapter by McGee and Taplin, who chart the retreat from international cooperation on climate change by the United States and Australia under their previous conservative governments. This retreat culminated in the establishment of the Asia-Pacific Partnership, with its focus on voluntary measures and technology transfer to reduce greenhouse gas emissions within the developed and developing world.

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