Tag Archives: non-state actors

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

Facebooktwittergoogle_pluspinterestlinkedintumblrmailFacebooktwittergoogle_pluspinterestlinkedintumblrmail

Factors in the Development of a Global Substantive Environmental Right (S.J Turner)

Author

Stephen James Turner

Keywords

Global environmental human right, non-state actors, corporations, WTO, MDBs, decision-making processes

Abstract

Owing to the fact that there is currently no international treaty that provides a globally accepted substantive human right for the protection of the environment (Anton and Shelton, 2011; Turner, 2009) there is a case for considering how such a right could or should be developed. This paper considers certain aspects of the potential development of such a right by focussing on key non-state actors that make decisions, which can affect the environment. Consideration is given to three different types of non-state actors: companies (corporations), the World Trade Organisation (WTO) and multilateral development banks (MDBs). It specifically examines their ‘constitutional’ purposes and the overall legal constraints that their decision-makers are bound to comply with, and where applicable, the legal obligations that they impose upon their members.

Therefore, this approach to the issue focuses on the legal foundations that determine how such actors make decisions and how that can affect the environment. This paper provides a broad perspective to illustrate the commonalities between the actors that are discussed in relation to their decision-making processes. Ultimately it provides an argument in support of the formal development of an international treaty that would create a global substantive environmental right. However it posits that such a treaty should inter alia be designed and framed in a manner, that would develop reformed legal obligations for the types of non-state actors discussed.

Citation

(2013) 3/5 Onati Socio-Legal Series 893-907

Paper

Factors in the Development of a Global Substantive Environmental Right

Facebooktwittergoogle_pluspinterestlinkedintumblrmailFacebooktwittergoogle_pluspinterestlinkedintumblrmail