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The Foundations of the Aarhus Convention: Environmental Rights, Democracy and Stewardship

The Foundations of the Aarhus Convention: Environmental Rights, Democracy and Stewardship

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509915279
  • 出版时间 October 2020
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Paperback Edition ISBN: 9781509945405
JP¥21,150.00
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  • 描述 
  • 大纲 
  • 详细

    This important new monograph offers an innovative new analysis of the Convention. Environmental law is dense with monolithic concepts, from environmental democracy to intergenerational justice, from sustainable development to stewardship. Each concept generating its own mythology about what environmental law should aspire to. Sometimes these ideas become so big that we lose hold of their meaning and therefore what we allude to when we describe environmental law in such terms. No more so is this true than in relation to the Aarhus Convention, an ambitious instrument of environmental law that promotes public participation and access to justice in relation to the environment.

    Since its inception it has been revered in glowing terms, praised variously for its contribution to citizenship, environmental responsibility and democratic legitimacy. But how are we to know whether these descriptions are mere puffs or genuine statements about the Convention's character. This book digs deep into the foundations of the Aarhus Convention, illuminating its ambitious potential through the lens of three foundational purposes - environmental rights, democracy and stewardship. In so doing, it both contributes to our understanding of the Convention and our understanding of three important purposes that inhabit environmental law, unravelling and reassembling them to build meaning into our broad-brush descriptions.

  • 1. The Philosophical Scope of the Aarhus Convention
    I. Introduction
    II. Constructing the Convention
    A. The Three Pillars
    B. Unveiling the Foundations
    III. Understanding the Aarhus Convention
    A. Methodological Approach
    B. Containing Complexity and Contestability
    IV. Conclusion
    2. The Three Purposes
    I. Introduction
    II. A Purpose-Driven Approach
    III. The Ambition of Environmental Democracy
    IV. The Ambiguity of Environmental Rights
    V. The Air of Environmental Stewardship
    VI. Conclusion
    3. Environmental Democracy
    I. Introduction
    II. The Narrative of Democracy
    A. Scrambling through the Thicket
    B. Boundary Markers of Democracy
    III. The Complexities of Environmental Decision-Making
    IV. The Dimensions of Environmental Democracy
    A. The Normative Dimensions of Environmental Democracy
    B. The Structural Arrangements of Environmental Democracy
    V. Conclusion
    4. Environmental Rights
    I. Introduction
    II. Rights Territory
    A. The Character of Rights
    B. The Special Character of Human Rights
    C. Conclusions
    III. Environmental Ground
    A. Environmental Rights as Substantive Human Rights
    i. Historical Foundations
    ii. Moral Framing
    iii. Legal Development
    iv. Conclusions
    B. Procedural Environmental Rights
    C. Rights of Future Generations
    IV. Conclusion
    5. Environmental Stewardship
    I. Introduction
    II. Environmental Stewardship, An Artist's Impression
    III. Elements of Stewardship
    A. Object of the Stewardship Duty
    B. Beneficiaries of the Stewardship Duty
    C. Holder of the Stewardship Duty
    D. Nature of the Duty: Relationships and Values
    i. Custodial Stewardship
    ii. Managerial Stewardship
    iii. Proprietorial Stewardship
    iv. Spiritual Stewardship
    IV. Conclusion
    6. Interpretive Possibilities
    I. Introduction
    II. The Purposive Approach
    III. Environmental Democracy in the Context of the Aarhus Convention
    A. The Environmental Democracy Purpose of the Aarhus Convention
    B. Interpretive Consequences of the Environmental Democracy Purpose
    C. Conclusions
    IV. Environmental Rights in the Context of the Aarhus Convention
    A. The Environmental Rights Purpose of the Convention
    i. Solution I: The Moral Right
    ii. Solution II: The Emerging Legal Right
    B. Interpretive Consequences of the Rights Purpose
    C. Conclusions
    V. Environmental Stewardship in the Context of the Aarhus Convention
    A. The Environmental Stewardship Purpose of the Aarhus Convention
    B. Interpretive Consequences of the Stewardship Purpose
    C. Conclusions
    VI. Conclusionn
    7. Conclusion
    I. Introduction
    II. Negative Capability
    III. An Affair to Remember

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