International Judicial Practice on the Environment

International Judicial Practice on the Environment
Author: Christina Voigt
Publisher: Cambridge University Press
Total Pages: 505
Release: 2019-04-18
Genre: Law
ISBN: 1108497179

Evaluates the fundamental legitimacy of judicial practice in the growing number of environmental cases heard before international courts.

Science and Judicial Reasoning

Science and Judicial Reasoning
Author: Katalin Sulyok
Publisher: Cambridge University Press
Total Pages: 431
Release: 2020-10-29
Genre: Business & Economics
ISBN: 1108489664

This pioneering study on environmental case-law examines how courts engage with science and reviews legitimate styles of judicial reasoning.

The Changing Character of International Dispute Settlement

The Changing Character of International Dispute Settlement
Author: Russell Buchan
Publisher: Cambridge University Press
Total Pages: 591
Release: 2023-12-31
Genre: Law
ISBN: 1316513904

Offers insightful reflections on contemporary challenges to the authority, effectiveness, legitimacy, and coordination of the international dispute settlement system.

Environmental Dispute Resolution

Environmental Dispute Resolution
Author: Ann L. MacNaughton
Publisher: American Bar Association
Total Pages: 454
Release: 2002
Genre: Law
ISBN: 9781590310922

This anthology provides a treatment of environmental dispute resolution for the practitioner, along with practical guidance for those wishing to focus on particular aspects. It offers a toolkit of diagnostics, systems, strategies and methodologies proven effective in diverse substantive contexts.

The WTO Dispute Settlement System

The WTO Dispute Settlement System
Author: Kati Kulovesi
Publisher: Kluwer Law International B.V.
Total Pages: 322
Release: 2011-09-01
Genre: Law
ISBN: 9041142800

Tensions between economic interests and environmental protection have assumed crisis proportions in awareness at every level of society. In particular, the World Trade Organization has become entangled in controversies related to legitimacy, democracy, environmental protection, and fragmentation of international law, fuelling a contentious debate on the use (or abuse) of environmental norms at the WTO. To a greater degree than any comparable treatment, this book focuses on the role of the WTO dispute settlement system in addressing trade-environment conflicts. Highlighting the ways in which environmental issues challenge the legitimacy of WTO jurisprudence, it considers such relevant core issues as the following: challenges posed to the WTO by so-called "linkage" issues, such as environmental protection, labour, and investment; to what extent the WTO can apply rules of international law (e.g., environmental ones) that are not contained in the WTO agreements; and concerns over the Dispute Settlement System's lack of democratic accountability in matters of great public interest. The study analyses in detail the role of international environmental law in three key WTO cases, namely the Shrimp-Turtle, Hormones and Biotech disputes. This deeply informed and thoughtful book is of special importance for its proposals on how the WTO dispute settlement system can improve its legitimacy while respecting the limits of its mandate. It will be welcomed by international trade attorneys, environmental lawyers, concerned academics and students, and government officials in both trade and environmental policy.

Praktische Vernunft, Gesetzgebung und Rechtswissenschaft

Praktische Vernunft, Gesetzgebung und Rechtswissenschaft
Author: Waldemar Schreckenberger
Publisher: Franz Steiner Verlag
Total Pages: 230
Release: 1993
Genre: Law
ISBN: 9783515062572

Aus dem Inhalt: Praktische Vernunft und Gesetzgebung: Mit Beitragen von: M. Atienza, P. Gerard, H. Hayry, K. Wojcik, I. Ceterchi, A. Gerloch, N. Nenovski, S. Wronkowska u Praktische Vernunft und Rechtswissenschaft: Mit Beitragen von: M. Hartney, K. Opaek, W. Ott / F. Buob, K. Goodall, N. Intzessiloglou, M. Rodriguez Molinero, L. Morawski / A. Molter, R. Caracciolo, M. Roumeliotis, S. Urbina, K. Wikstrom u Praktische Vernunft, Mensch und Umwelt: Mit Beitragen von: M. Hayry, L. Lukaszuk, F. Ost, P. Swan, H. Visser't Hoof u Ethik der Kommunikationsmedien: Mit Beitragen von: B. Leiser, P. Schiwy. (Franz Steiner 1993)

Global Governance, Legitimacy and Legitimation

Global Governance, Legitimacy and Legitimation
Author: Magdalena Bexell
Publisher: Routledge
Total Pages: 144
Release: 2017-10-02
Genre: Political Science
ISBN: 1317566637

Rules set by global governance organizations affect communities across the world. Such organizations increasingly seek to obtain legitimacy in the eyes of groups beyond their member state elites. This book advances scholarly debate on the politics of legitimacy and legitimation in global governance. It brings together researchers from different subfields of International Relations in order to highlight trends and contradictions in the contemporary politics of legitimacy across areas of sustainable development, humanitarian relief, responsible investment, sustainable fisheries and labour standards. The chapters explore legitimation efforts by various forms of global governance bodies, such as intergovernmental organizations, public–private partnerships and fully private bodies. The book demonstrates that different governance forms beyond the nation state share deep legitimacy challenges and engage in continuous legitimation attempts. Questions on the audiences of such legitimation attempts are particularly pivotal in understanding the politics of legitimacy. Audiences are not predetermined but constituted through interaction between legitimation efforts and the reactions to those of targeted and other groups, mirroring broader global power relations. This book was published as a special issue of Globalizations.

Environmental Courts and Tribunals

Environmental Courts and Tribunals
Author: Ceri Warnock
Publisher: Bloomsbury Publishing
Total Pages: 221
Release: 2021-01-07
Genre: Law
ISBN: 1509940081

The global phenomenon of the establishment of specialist courts is one of the most important recent developments in environmental law. Although they are generally seen as a much needed innovation, they do pose challenges, particularly around questions of legitimacy. This important book tackles these questions directly, looking specifically at the courts in the common law world. It argues that to fully understand the nature of the adjudication of these courts, a bottom-up approach must be taken: ie the question before the court is determinative. Despite its theoretical focus, the book will also provide invaluable insights to practitioners engaging with these new courts for the first time. An innovative study on a seismic change in how environmental law is adjudicated.

Authority and Legitimacy of Environmental Post-Treaty Rules

Authority and Legitimacy of Environmental Post-Treaty Rules
Author: Tim Staal
Publisher: Bloomsbury Publishing
Total Pages: 329
Release: 2019-05-16
Genre: Law
ISBN: 1509925589

In the international law of the 21st century, more and more regulation comes in the form of post-treaty rules. Developed in environmental law, this trend increasingly spreads to areas ranging from tobacco regulation to arms trade. This book offers the first systematic examination of these decisions, resolutions and recommendations adopted by treaty bodies, to assess their effectiveness. The study shows that the authority of such rules is in question as, in practice, treaty parties retain almost complete discretion when it comes to their implementation. This conclusion gives rise to two key questions. To what extent does this ambiguous authority affect adherence to procedural principles like legal certainty, non-arbitrariness and the duty to state reasons? And can the legitimacy of the process and content of post-treaty rules fill the gaps in their authority? In assessing these questions, the study shines a light on this crucial but neglected area in international law scholarship and forms a starting point for improvements and reform.

In Search of Legitimacy

In Search of Legitimacy
Author: Ingolfur Blühdorn
Publisher: Verlag Barbara Budrich
Total Pages: 273
Release: 2009-07-22
Genre: Political Science
ISBN: 3847413872

In European societies social differentiation, value pluralism and international integration have brought about a condition of previously unknown complexity. Citizens’ expectations regarding political participation and the legitimization of government policy are rising, yet the capacities for social integration and political consensus formation may be in decline. This volume investigates how political actors and institutions in established European democracies are seeing to manage the condition of complexity and how this condition reconfigures the foundations of democratic politics. From the Contents: Legitimacy Crises, Efficiency Gaps, Democratic Deficits Efficiency versus Democracy: Conceptual Reconciliation of a Troubled Relationship? Citizens’ Expectations: Is what matters only what works? Re-engaging Citizens: Institutional Responses to Political Disengagement Informal Government Delegated Authority: Legitimizing Independent Regulatory Agencies Delegation to the EU The Open Method of Co-ordination (OMC) and The European Employment Strategy Committee Governance in EU Agricultural Policy Efficiency versus Legitimacy: The Governance of Technology Does citizen involvement improve the quality, legitimacy and implementability of environmental policy? The Allocation of Health Care The Post-democratic Turn: Complexity and the Reconfiguration of Democratic Politics