An Inconvenient Deliberation

Author : Miriam Haritz
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041135219
Total Pages : 490 pages
Book Rating : 4.16/5 ( download)

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Download or read book An Inconvenient Deliberation written by Miriam Haritz and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This vitally important book asks: Can the precautionary principle make uncertainty judiciable in the context of liability for the consequences of climate change, and, if so, to what extent? Drawing on the full range of pertinent existing literature and case law, the author examines the precautionary principle both in terms of its content and application and in the context of liability law. She analyses the indirect means offered by existing legislation being used by environmental groups and affected individuals before the courts to challenge both companies and regulators as responsible agents of climate change damage"--Page 4 of cover.

Author : Miriam Haritz
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041142703
Total Pages : 488 pages
Book Rating : 4.02/5 ( download)

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Download or read book An Inconvenient Deliberation written by Miriam Haritz and published by Kluwer Law International B.V.. This book was released on 2011-05-27 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is increasing evidence to suggest that adaptation to the inevitable is as relevant to climate change policymaking as mitigation efforts. Both mitigation and adaptation, as well as the unavoidable damage occurring both now and that is predicted to occur, all involve costs at the expense of diverse climate change victims. The allocation of responsibilities—implicit in terms of the burden-sharing mechanisms that currently exist in public and private governance—demands recourse under liability law, especially as it has become clear that most companies will only start reducing emissions if verifiable costs of the economic consequences of climate change, including the likelihood of liability, outweigh the costs of taking precautionary measures. This vitally important book asks: Can the precautionary principle make uncertainty judiciable in the context of liability for the consequences of climate change, and, if so, to what extent? Drawing on the full range of pertinent existing literature and case law, the author examines the precautionary principle both in terms of its content and application and in the context of liability law. She analyses the indirect means offered by existing legislation being used by environmental groups and affected individuals before the courts to challenge both companies and regulators as responsible agents of climate change damage. In the process of responding to its fundamental question, the analysis explores such further questions as the following: What is the role of the precautionary principle in resolving uncertainty in scientific risk assessment when faced with inconclusive evidence, and how does it affect decision-making, particularly in the regulatory choices concerning climate change? To this end, what is the concrete content of the precautionary principle? How does liability law generally handle scientific uncertainty? What different types of liability exist, and how are they equipped to handle a climate change liability claim? What type of liability is best suited for precautionary measures or a lack thereof? Can the application of the precautionary principle make a difference to the outcomes of climate change liability claims? In order to draw conclusions concerning the legal uncertainties posed by climate change, the author draws examples from national legislations representative of the various legal systems, as well as from existing treaties. General rules and obligations relevant to climate change liability are examined, and a selection of actual legal cases from around the world concerning climate change, be it actual liability claims or litigation indirectly relevant to a claim, is also presented. As an overview of the different legal challenges created by climate change liability, this book is without peer. The practical meaning and impact of these findings for lawyers (whether corporate or activist), for regulators and policymakers, and for decision-makers in governmental bodies and private companies is immeasurable.

Author : Vebjørn Roald
Publisher : Eburon Uitgeverij B.V.
ISBN 13 : 9059725530
Total Pages : 138 pages
Book Rating : 4.39/5 ( download)

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Download or read book Deliberation, Rhetoric, and Emotion in the Discourse on Climate Change in the European Parliament written by Vebjørn Roald and published by Eburon Uitgeverij B.V.. This book was released on 2012 with total page 138 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : John Parkinson
Publisher : Oxford University Press on Demand
ISBN 13 : 019929111X
Total Pages : 220 pages
Book Rating : 4.13/5 ( download)

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Download or read book Deliberating in the Real World written by John Parkinson and published by Oxford University Press on Demand. This book was released on 2006-06-15 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Deliberative democracy has become the central reference point for democracy theorists over the last decade or so, influencing normative frameworks and the ways we conceptualize the workings of democratic societies. It has also been linked with a burst of experimentation with new procedures that involve citizens directly in deliberations about public policy.But there is a contradiction at the heart of deliberative democracy: it seems that it cannot deliver legitimate agreements. Deliberative decisions are said to be legitimate when all those subject to them take part in free and equal debate, but in complex societies that can never happen. Few people can deliberate together at any one time, certainly not in any strict sense, so how can the results of a deliberative event be legitimate for non-participants? And why would people with passionatelyheld views sit down and deliberate when there seems little advantage in them doing so?This book explores these problems in theory and practice, searching for a solution that does not merely dismiss a strict understanding of deliberative democratic criteria. It reconsiders the theory of legitimacy and deliberative democracy, but goes further by examining cases of deliberation on health policy in the United Kingdom to see what problems emerge in practice, and how real political actors deal with them. The result is a complete rethink of the institutional limits and possibilities ofdeliberative democracy, one which abandons the search for perfection in any one institution, and looks instead to the concept of a multifaceted deliberative system.

Author : Maija Setälä
Publisher : Routledge
ISBN 13 : 1135215065
Total Pages : 246 pages
Book Rating : 4.64/5 ( download)

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Download or read book Referendums and Representative Democracy written by Maija Setälä and published by Routledge. This book was released on 2009-09-10 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyses how the use of referendums affects the central functions and characteristics of representative democracy. It provides a balanced account of the interaction between referendums and representative institutions and actors, seeking to evaluate whether referendums supplement or undermine representative democracy. Considering both normative and empirical questions, the volume also examines the particular circumstances under which referendums strengthen or weaken representative democracy. Providing a variety of theoretical and methodological approaches used in the study of referendums, this book is divided into three sections: Referendums and the Models of Democracy, The Demand of Referendums: Party Ideologies and Strategies, and Referendum Campaigns and Voter Behaviour. It features case studies on Ireland, Israel, Canada, California, Italy, Liechtenstein, Switzerland, the Nordic Countries, the Netherlands, Spain and the EU Constitutional Treaty. In addition to system-level evaluations of referendums, studies on the ideological attitudes of political actors and strategic use of referendums, the volume also provides analyses of referendum campaigns and voters’ choices in referendums. Covering referendums on European integration, the volume also demonstrates how supra-national governance gives rise to the demand of referendums. This volume will be of interest to students and scholars of political science, political theory, comparative politics, and European studies.

Author : Paul Gunn
Publisher : Routledge
ISBN 13 : 135156983X
Total Pages : 224 pages
Book Rating : 4.35/5 ( download)

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Download or read book Democratic Deliberation in the Modern World written by Paul Gunn and published by Routledge. This book was released on 2017-07-05 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Would ordinary citizens benefit if public decisions were increasingly based on an inclusive and fair exchange of reasons rather than mere voting or choices in the market? Debates amongst deliberative democrats often proceed as though this process of public reasoning is precisely what the democratic ideals of freedom and equality require. Less attention has been paid to whether an inclusive and fair exchange of reasons is possible in any realistic modern setting, and what the effects would be of trying to move democratic institutions in a deliberative direction. To examine these effects, the contributors to this collection of essays bring together a number of analyses of the practical implications of expanding deliberative processes. Some consider the prevailing epistemic conditions in modern societies and their likely effects on deliberative reasoning. Others discuss the politics of these societies, and especially the likely effects of existing political divisions on democratic deliberation. Lastly, the question of what we might hope to see and what we might hope to avoid from political argument is addressed. Considered together, these three foci should equip readers to decide whether deliberative democracy is feasible and, if so, if it is desirable.This book was published as a special issue of Critical Review.

Author : Olivia Woolley
Publisher : Cambridge University Press
ISBN 13 : 131619499X
Total Pages : 273 pages
Book Rating : 4.97/5 ( download)

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Download or read book Ecological Governance written by Olivia Woolley and published by Cambridge University Press. This book was released on 2014-11-06 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ecological degradation has been an object of concern for the international community since the early 1970s, but legal approaches that have been employed to improve the protection of ecosystems have failed to halt this decline. Ecological Governance explores how the law should respond to this rapid global deterioration of ecosystems by examining the foundational scientific and ethical considerations for designing laws that are effective for ecological protection. Based on these analyses, it argues that developed states should prioritise the reduction of the ecological stresses for which they are responsible in decision-making on their future courses. The author also proposes structures for governance and associated legal frameworks that would enable the formulation and implementation of policies for ecological sustainability.

Author : Yukio Adachi
Publisher : Springer Nature
ISBN 13 : 9819947715
Total Pages : 364 pages
Book Rating : 4.13/5 ( download)

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Download or read book Governance for a Sustainable Future written by Yukio Adachi and published by Springer Nature. This book was released on 2023-09-23 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the expression “responsibility to future generations” is firmly established in public and political vocabulary, its operational meaning and practice are inadequately understood and yet to be systematically evaluated. Moreover, the term has not been successfully translated into viable ethical and theoretical concepts that can guide public policies and actions. How can the modes of governance and established policy priorities become compatible with the well-being of future generations? The primary objective of this book is to identify the conditions of and obstacles to governance for a sustainable future, or future-regarding governance. Governance concerns steering a society over extended periods of time, not responding to particular policy issues. The ideas and strategies proposed by contributors in this book to establish future-regarding governance are based on the theoretical and empirical analyses of the major long-term problems facing advanced democracies in general, and Japan in particular. Japan is an interesting case indeed. Relatively poor climate policy, rapidly decreasing birth rate, aging population, extensive public debt, prolonged economic recession, healthcare and pension systems that urgently require redesigning, hollowing-out of industries and subsequent loss of jobs, deteriorating infrastructures, increasing nuclear waste, and intensifying social polarization have caused a decline in people’s trust in the government and democratic processes. Currently, Japanese citizens are widely circulating their doubts about the social system’s sustainability. This book comprises two parts. In Part I, authors from various disciplinary backgrounds examine the idea of governance for a sustainable future from theoretical perspectives. This part discusses issues associated with future-regarding governance that are wicked in nature, such as the philosophical/ethical foundation on which to base the idea of governance for a sustainable future, major impediments to the development of future-regarding governance, and the modes of thinking and action required by leaders and citizens to realize such governance. Chapters in Part II largely focus on the state of long-term governance in Japan. This part uses empirical and in-depth analyses with cross-sectoral and cross-national policy perspectives to identify the state of future-regarding governance in various policy fields and major sectors or organizations mainly in Japan, while also examining strategies and measures to improve their performance. From this perspective, Western democracies and weak democratic regimes elsewhere will be provided with valuable lessons to avoid fatal policy mistakes, thereby improving future-oriented governance worldwide. By combining theoretical discussions on far-reaching issues and empirical analyses of Japanese cases, the book will shed a new light on governance for a sustainable future.

Author : Leslie-Anne Duvic-Paoli
Publisher :
ISBN 13 : 1108429416
Total Pages : 429 pages
Book Rating : 4.12/5 ( download)

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Download or read book The Prevention Principle in International Environmental Law written by Leslie-Anne Duvic-Paoli and published by . This book was released on 2018-05-31 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides a systematic and comprehensive study of the prevention principle in international environmental law.

Author : Barnali Choudhury
Publisher : Cambridge University Press
ISBN 13 : 1108421466
Total Pages : 387 pages
Book Rating : 4.61/5 ( download)

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Download or read book Corporate Duties to the Public written by Barnali Choudhury and published by Cambridge University Press. This book was released on 2019-01-10 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today's economic and social context demands that corporations - once seen only as private actors - owe duties to the public.