Tag Archives: governance

Which direction for international environmental law? (Anderson)

Author

Paul Anderson

Keywords

Sustainability, governance, neoclassical economics, distributive justice, democracy, commons

Abstract

An enduring challenge to international environmental law is to facilitate the resolution of environmental problems faster than they are being caused. Prominent among potential foundations for substantive international environmental law to this end are (a) neoclassical economic theory (NET) and (b) distributive justice and deliberative democratic theories. Building upon existing critique, this paper makes two broad arguments. The first is that despite the influence of NET’s market-based prescriptions, solutions lie not in introducing and extending the privatization and pricing of nature, but instead in subsuming markets within an expanded and enriched public sphere that is characterized inter alia by decentralized, deliberative democratic decision-making. This contention suggests a need to reform substantive environmental law that is informed by NET. The second argument made is that limitations, in particular, of the deliberative democratic approach to environmental problems (e.g., prospects of achieving consensus on natural resource use and the efficacy of any consensus that might be reached) may be overcome by combining it with common key resource control – to put it crudely, by combining meaningful political with economic democracy. This revised foundation would offer a potentially viable foundation for IEL. It also offers guidance for incipient efforts to democratize environmental regulation.

Citation

(2105) 1 Journal of Human Rights and the Environment 98-126

Publication

Which direction for 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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Global environmental change and migration: Governance challenges (K. Warner)

Author

Koko Warner

Keywords

Environmentally induced migration, Governance, Complexity, Climate adaptation, Resilience

Abstract

Claims have been made that global environmental change could drive anywhere from 50 to almost 700 million people to migrate by 2050. These claims belie the complexity of the multi-causal relationship between coupled social–ecological systems and human mobility, yet they have fueled the debate about “environmentally induced migration”. Empirical evidence, notably from a 23 case study scoping study supported by the European Commission, confirms that currently environmental factors are one of many variables driving migration. Fieldwork reveals a multifaceted landscape of patterns and contexts for migration linked to rapid- and slow-onset environmental change today. Migration and displacement are part of a spectrum of possible responses to environmental change. Some forms of environmentally induced migration may be adaptive, while other forms of forced migration and displacement may indicate a failure of the social–ecological system to adapt. This diversity of migration potentials linked to environmental change presents challenges to institutions and policies not designed to cope with the impacts of complex causality, surprises and uncertainty about social–ecological thresholds, and the possibility of environmental and migration patterns recombining into a new patterns. The paper highlights fieldwork on rapid- and slow-onset environmentally induced migration in Mozambique, Vietnam, and Egypt. Current governance frameworks for human mobility are partially equipped to manage new forms of human mobility, but that new complementary modes of governance will be necessary. The paper concludes with challenges for governance of environmentally induced migration under increasing complexity, as well as opportunities to enhance resilience of both migrants and those who remain behind.

Citation

(2010) 20(3) Global Environmental Change 402-413

Paper

Global environmental change and migration: Governance challenges

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Gaining Access to Water: Formal and Working Rules of Indigenous Irrigation Management on Mount Kilimanjaro, Tanzania (M.E. Gillingham)

Author

Mary E. Gillingham

Keywords

Indigenous irrigation, Mount Kilimanjaro, Tanzania, access to water, sustainable, flexible, governance

Abstract

Using the example of indigenous irrigation on Mount Kilimanjaro, Tanzania, this paper illustrates that operating beneath the formal rules of irrigation organization is a series of “working rules” that people use to actually obtain access to water. It is argued that one of the reasons that indigenous irrigation systems are sustainable and flexible is because the working rules allow water users to adjust their formal water right to an amount and timing of water that matches their needs more closely. If interventions into indigenous irrigation systems are to be effective and sustainable, and not undermine the institutions which govern water use within the irrigation system concerned, then development agencies need to understand, work with, and work through the working rules. This paper considers ways in which this may be achieved.

Citation

(1999) 39 Natural Resource Journal 419

Paper

Gaining Access to Water: Formal and Working Rules of Indigenous Irrigation Management on Mount Kilimanjaro, Tanzania

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Preventing the Misuse of Biology: Lessons from the Oversight of Smallpox Virus Research (J.B. Tucker)

Author

Jonathan B. Tucker

Keywords

Life sciences, risk, misuse, biological weapons, live smallpox virus, policy, dual-use research, governance

Abstract

Certain basic research findings in the life sciences have the potential for misuse by states or sophisticated terrorist organizations seeking to develop more lethal or effective biological weapons. The recognition of this problem has led to proposals for new systems of governance, including the international review and oversight of “dual-use” research. The case of the World Health Organization’s Advisory Committee on Variola Virus Research (VAC), which oversees all research with the live smallpox virus, offers some useful lessons for assess- ing these proposals. This article examines how the VAC has dealt with conten- tious policy issues, describes the strengths and weaknesses of the oversight process, and discusses the implications for the international governance of dual-use research.

Citation

(2006) 31 International Security 116-150

Paper

Preventing the Misuse of Biology: Lessons from the Oversight of Smallpox Virus Research

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