Tag Archives: fairness

Human Rights and Environmental Regulation (R. M. Bratspies)

Author(s)

Rebecca M. Bratspies

Keywords

environment, regulation, BP Oil Spill, United States, US, legal obligations, participations, fairness, accountability, legitimacy

Abstract

Because environmental regulators exercise vast discretion against a background of scientific uncertainty, the background assumptions they use to guide their decisionmaking are particularly influential. This article suggests that were federal regulators to view themselves as human rights decisionmakers, we might well see a new kind of regulatory decisionmaking emerge–one not only more responsive and transparent but also more likely to enjoy the trust of the American public. Drawing from the BP Oil Spill and the United States regulatory response to climate change this article shows how human rights norms might enrich domestic regulatory processes and help environmental regulators implement their statutory mission of protecting the public welfare. It demonstrates how interpreting domestic legal obligations through the lens of human rights would enhance a commitment to participation, fairness and accountability, thereby making the domestic regulatory process not only better and fairer, but also more likely to be perceived as legitimate by the general public. The article concludes by pointing out some key obstacles the human rights approach for achieving environmental ends.

Citation

(2012) 19 New York University Environmental Law Journal 225.

Paper

Human Rights and Environmental Regulation

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Sustainability, coastal erosion and climate change: an environmental justice analysis (M. Stallworthy)

Author

Mark Stallworthy

Keywords

Climate change; Coast protection; Sustainable development

Abstract

Discusses coastal ecology, the potential impact of climate change and the search for sustainable solutions. Considers questions of fairness where land is lost to the sea. Examines the costs of achieving greater sustainability based on selective defence and managed realignment.

Citation

(2006) 18(3) Journal of Environmental Law 357-373

Paper

Sustainability, coastal erosion and climate change: an environmental justice analysis

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Fairness in International Climate Change Law and Policy (F. Soltau)

Author

Friedrich Soltau

Keywords

Fairness, science of climate change, energy challenge, development, international climate change regime, theoretical aspects, equity and fairness; proposals for future climate policy

Abstract

This work analyses fairness and equity dimensions of the climate regime. A central issue in international law and policy is how countries of the world should allocate the burden of addressing global climate change. With the link between human activities and climate change clearly established, and the first impacts of climate change being felt, there is a renewed sense of urgency in addressing the problem. Based on an overview of science and the development of the climate regime to date, this book seeks to identify the elements of a working consensus on fairness principles that could be used to solve the hitherto intractable problem of assigning responsibility for combating climate change. The book demonstrates how an analysis of fairness dimensions of climate change – grounded in practical developments and illustrated with reference to the latest developments – can add value to our understanding of current developments and future options for international climate law and policy.

• Brings together theoretical insights and a thorough discussion of the practice and development of international climate change law and policy • Provides a fresh perspective that differs from the standard analysis of the legal and policy communities

Citation

Friedrich Soltau, Fairness in International Climate Change Law and Policy ( CUP , US /UK 2009)

Book

Fairness in International Climate Change Law and Policy

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Fair Future: Resource Conflicts, Security, and Global Justice (W. Sachs and T. Santarius)

Editor(s)

Wolfgang Sachs and Tilman Santarius

Keywords

Paradigms, Resource Justice, Fair Wealth, Governance for Ecology and Fairness, Europe

Abstract

‘The world has enough for everyone’s needs, but not enough for everyone’s greed.’ – Mahatma Gandhi

Oil crisis, water conflicts, declining food security – we hear one report after another about resource scarcity – while with growing populations and huge poverty, nations are demanding their right to development. In the age of globalization this right cannot be disputed, yet the planet is already exhibiting signs of acute environmental stress. Indians want more roads and Chinese more oil: the struggle over nature will partly shape the crises of the twenty-first century. Clashes over resources, both major and minor, are often the unseen factor behind chaos and violence and it is vital to start thinking about how the distribution of resources can be made more just.

This book, written by specialists from the internationally renowned Wuppertal Institute, provides an account of what is involved in the resource conflicts of today and tomorrow. It puts forwards perspectives for resource justice and outlines a global economic and environmental policy equally committed to nature and to humanity.

This new work, rich in analysis and information, offers a compass to anyone looking for ways in which global society might face the challenge of the future.

Citation

Wolfgang Sachs and Tilman Santarius (eds), Fair Future: Resource Conflicts, Security, and Global Justice (Zed Books, 2007)

Book

Fair Future: Resource Conflicts, Security, and Global Justice

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