Category Archives: Governance

A Global Environmental Right (S. J. Turner)

Author

Stephen J. Turner

Keywords

Environmental Rights, Global Environmental Governance, Constitutional Law, Company Law, Trade Law, Non-State Actors, Climate Change Law

Abstract

The development of an international substantive environmental right on a global level has long been a contested issue. To a limited extent environmental rights have developed in a fragmented way through different legal regimes. This book examines the potential for the development of a global environmental right that would create legal duties for all types of decision-makers and provide the bedrock for a new system of international environmental governance. Taking a problem solving approach, the book seeks to demonstrate how straightforward and logical changes to the existing global legal architecture would address some of the fundamental root causes of environmental degradation. It puts forward a draft global environmental right that would integrate duties for both state and non-state actors within reformed systems of environmental governance and a rational framework for business and industry to adhere to in order that those systems could be made operational. It also examines the failures of the existing international climate change regime and explains how the draft global environmental right could remedy existing deficits.

Citation

(2014) A Global Environmental Right. Earthscan by Routledge.

Book

A Global Environmental Right

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Business Enterprises and the Environment: Corporate Environmental Responsibility (K.D. Jesse, E.V. Koppe)

Authors

Katinka Danielle Jesse and Erik V. Koppe

Keyword

Corporate Environmental Responsibility, Environmental Due Diligence, Environmental CSR, Business enterprises and the environment, Environmental complement to Ruggie Framework

Abstract

In 2011, following his 2005 initial mandate of the UN Commission on Human Rights and his extended 2008 mandate of the UN Human Rights Council, the Special Representative of the Secretary-General (SRSG) on the issues of human rights and transnational corporations and other business enterprises, professor John Ruggie, issued the final text of the “Guiding Principles for the Implementation of the United Nations ‘Protect, Respect and Remedy Framework’’’. The 2008 Framework on Business and Human Rights and the complementing 2011 Guiding Principles consist of three pillars: the duty of states to protect human rights, the responsibility of business enterprises to respect human rights, and access to remedies for victims of human rights abuses. They currently qualify as the dominant paradigm in the Corporate Social Responsibility (CSR) discourse, also because they now form part of various soft law and self-regulation initiatives. The Framework and Guiding Principles do not however specifically focus on environmental issues. But their systematic approach and structure do provide a model to address state duties and business responsibilities to care of the environment. This article is intended to complement the UN Framework and Guiding Principles on business and human rights with principles in the field of business and the environment. Hence, it is submitted that states have a customary duty to care for the environment (paragraph 2); it is similarly submitted that business enterprises have a responsibility to care for the environment (paragraph 3); and it is submitted that stakeholders must have access to remedies in relation to breaches of these duties and responsibilities (paragraph 4).

Citation

Jesse, K.D., Koppe, E.V., Business Enterprises and the Environment: Corporate Environmental Responsibility / Grotius Centre Working Paper 2014/036-SDL (2013) 4 The Dovenschmidt Quarterly December 176-189

Paper

Business Enterprises and the Environment: Corporate Environmental Responsibility

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The Top 10 Trends in International Environmental Law (T. Yang)

Author

Tseming Yang

Keywords

trends in international environmental law

Abstract

This chapter reviews the top trends in international environmental law, including climate change, globalization of environmental law, sustainable development, the rise of the developing world, environmental institutions and governance, human rights and the environment, the environment and international economic law, biodiversity, chemicals and hazardous substances management, and the oceans and fisheries.

Citation

T. Yang, The Top 10 Trends in International Environmental Law (August 12, 2014). Forthcoming, Martella R. and Grosko B. (Eds.) International Environmental Law: The Practitioner’s Guide to the Laws of the Planet (American Bar Association 2014); Santa Clara Univ. Legal Studies Research Paper 22-13.

Paper

The Top 10 Trends in International Environmental Law

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Making Sand Castles as the Tide Comes in: Legal Aspects of Climate Justice (E. Burleson)

Author(s)

Elizabeth Burleson

Keywords

Climate Change, Millennium Development Goals (MDGs), Sustainable Development, United Nations, International Law, environmentally sound tech, mitigation, adaptation, sustainable development, and disaster risk management, public participation, Governance, water

Abstract

Achieving climate justice and the Millennium Development Goals (MDGs) are mutually- reinforcing challenges. The achievement of both is well within the capacity of the international community. Indeed, reaching carbon neutrality in an affordable, environmentally sound way requires integrating the strategies of mitigation, adaptation, sustainable development, and disaster risk management.

Citation

(2011) 2 Journal of Energy and Environmental Law 42.

Paper

Making Sand Castles as the Tide Comes In: Legal Aspects of Climate Justice

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Green Governance: Ecological Survival, Human Rights, and the Law of the Commons (B. Weston and D. Bollier)

Author

Burns H. Weston and David Bollier

Keywords

sustainability, ecosystems, environmental protection, economics, national sovereignty, international law, green governance, paradigm shift, human rights, public policy

Abstract

The vast majority of the world’s scientists agree: we have reached a point in history where we are in grave danger of destroying Earth’s life-sustaining capacity. But our attempts to protect natural ecosystems are increasingly ineffective because our very conception of the problem is limited; we treat “the environment” as its own separate realm, taking for granted prevailing but outmoded conceptions of economics, national sovereignty, and international law. Green Governance is a direct response to the mounting calls for a paradigm shift in the way humans relate to the natural environment. It opens the door to a new set of solutions by proposing a compelling new synthesis of environmental protection based on broader notions of economics and human rights and on commons-based governance. Going beyond speculative abstractions, the book proposes a new architecture of environmental law and public policy that is as practical as it is theoretically sound.

Citation

Burns H. Weston and David Bollier, Green Governance: Ecological Survival, Human Rights, and the Law of the Commons (Cambridge University Press, 2013)

Book

Green Governance: Ecological Survival, Human Rights, and the Law of the Commons

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