Environmental Discourses in Public and International Law

doi:10.1017/CBO9781139094610

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.

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Contents

Environmental Discourses in Public and International Law - Half title page
pp i-ii
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Connecting International Law with Public Law
pp iii-iv
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Environmental Discourses in Public and International Law - Title page
pp v-v
- By Brad Jessup, Kim Rubenstein
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Copyright page
pp vi-vi
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Contents
pp vii-ix
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Contributors
pp x-xviii
- By Brad Jessup, Kim Rubenstein, Afshin Akhtarkhavari, Ben Boer, Sanja Bogojević, River Cordes-Holland, Jaye Ellis, Lee Godden, Nicole Graham, Stefan Gruber, Kheng-Lian Koh, Bettina Lange, Peter Lawrence, Simon Marsden, Paul Martin, Julia Mayo-Ramsay, Jeffrey McGee, Thomas Pogge, Donald R. Rothwell, Elizabeth Rough, Mark Shepheard, Tim Stephens, Ros Taplin
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Series Editors’ Preface
pp xix-xx
- By Kim RubensteinandThomas Pogge, Thomas Pogge
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Editors’ Preface
pp xxi-xxii
- By Brad Jessup, Kim Rubenstein
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Introduction - Using discourse theory to untangle public and international environmental law
pp 1-20
- By Brad Jessup, Kim Rubenstein
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Part I - Theories and rights as discourses in environmental law
pp 21-120
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1 - Justice for future generations:
pp 23-46
environment discourses, international law and climate change
- By Peter Lawrence
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2 - The journey of environmental justice through public and international law
pp 47-70
- By Brad Jessup
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3 - The political discourse of land stewardship reframed as a statutory duty
pp 71-95
- By Mark Shepheard, Paul Martin
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4 - Dephysicalisation and entitlement:
pp 96-120
legal and cultural discourses of place as property
- By Nicole Graham
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Part II - Discourses in environmental decisions
pp 121-142
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5 - Perspectives on discourse in international environmental law:
pp 123-142
expert knowledge and challenges to deliberative democracy
- By Jaye Ellis
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6 - Getting to yes:1
pp 143-169
structuring and disciplining arguments for and against transgenic agricultural products in European Union authorisations
- By Bettina Lange
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7 - Nuclear narratives, environmental discourse and UK energy policy and legislation, 1970–2008
pp 170-192
- By Elizabeth Rough
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Part III - Environmental discourses in legal institutions
pp 193-260
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8 - International courts and sustainable development:
pp 195-217
using old tools to shape a new discourse
- By Tim Stephens
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9 - The discourse of environmental security in the ASEAN context
pp 218-237
- By Kheng-Lian Koh
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10 - Public participation in transboundary environmental impact assessment:
pp 238-260
closing the gap between international and public law?
- By Simon Marsden
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Part IV - Discourses in climate law
pp 261-352
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11 - Climate change:
pp 263-285
limits discourses at the interface of international law and environmental law
- By Lee Godden
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12 - The national interest or good international citizenship?
pp 286-307
Australia and its approach to international and public climate law
- By River Cordes-Holland
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13 - The Asia-Pacific Partnership:
pp 308-330
a deepened market liberal model for the international climate regime?
- By Jeffrey McGee, Ros Taplin
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14 - Global gazing:
pp 331-352
viewing markets through the lens of emissions trading discourses
- By Sanja Bogojević
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Part V - Discourses in the commons
pp 353-447
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15 - Polar opposites:
pp 355-374
environmental discourses and management in Antarctica and the Arctic
- By Donald R. Rothwell
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16 - Heritage discourses
pp 375-398
- By Ben Boer, Stefan Gruber
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