Environmental justice and market mechanisms : key challenges for environmental law and policy
著者
書誌事項
Environmental justice and market mechanisms : key challenges for environmental law and policy
(International environmental law and policy series, v. 54)
Kluwer Law International, 1999
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注記
Includes index
内容説明・目次
内容説明
This volume examines the obstacles to achieving environmental justice in the context of neo-liberal economic systems founded upon deregulation, privatization and the use of market mechanisms as a policy tool. The book explores definitions and policy dimensions of environmental justice and market mechanisms. For some, environmental justice, social justice and ecological sustainability represent the new yardstick against which all concepts of environmental law and policy are to be measured. For others, the market economy, whether free or regulated, marks the starting-point for any strategy of environmental protection. The book investigates the link between these two approaches, measuring market-based tools of environmental law such as tradable permits and ecotaxes against the requirements of environmental justice. Based on papers delivered at a major international conference held in March 1998, at the University of Auckland, New Zealand, the book outlines the global context of the tensions between environmental justice and market-based instruments, focusing on the issue of international trade liberalization.
It reports on experiences in a range of countries and regions: the United States, the European Union, Central and Eastern Europe, South Africa, Australia and New Zealand. Despite the variety of approaches and experiences, all the countries have been trying to adjust their environmental policies to the challenges of deregulation on the one hand and environmental justice on the other. The book concludes with a call to transcend the dichotomy between regulation and the market, and suggests it might be more realistic to perceive environmental policy as a "new deal", a combined effort of the state and the market in which environmental justice provides the overall normative framework.
目次
- Introduction: New Challenges for Environmental Law and Policy
- K. Bosselmann, B.J. Richardson. Part 1: Concepts of Environmental Justice and Market Mechanisms. 2. Environmental Justice in the Postmodern World
- D. Shelton. 3. Justice and the Environment: Building Blocks for a Theory on Ecological Justice
- K. Bosselmann. 4. Environmental Justice as an Ethical, Economic and Legal Principle
- G. Rowe. 5. States Between Economic Deregulation and Environmental Responsibility
- E. Rehbinder. 6. Policy Choice for Sustainability: Marketization, Law and Institutions
- S. Dovers, W. Gullett. 7. Negotiating the Principles and Applications of Environmental Justice: Implications of Participation
- A. Wolf, I. Macduff. Part II: International Context: Trade Liberalization and Global Legal Order. 8. International Trade and the Common Concern of Humankind
- A. Kiss. 9. International Economic Agreements and Environmental Justice
- J. Kelsey. 10. The Use of Market Mechanisms in the Shrimp-Turtle Dispute: The WTO's Response
- M. Wynter. 11. An Ecological Approach to International Trade Law: Learning from Dolphins and Turtles
- P. Taylor. Part III: Comparative Perspectives: States Between Environmental Justice and the Market. A: New Zealand and Australia. 12. Changing Regulatory Spaces: The Privatization of New Zealand Environmental Law? B. Richardson. 13. Environmental Justice and the Water Market in Australia
- M. Bond, M. Comino. B: Europe. 14. Economic Instruments for Environmental Protection: Introduction to the European Experience
- M. Bothe. 15. Privatization and Environmental Regulation: A United Kingdom Perspective
- C. Redgwell. 16. Non-Regulatory Instruments and Public Access to Environmental Information
- J. Rowan-Robinson. C: United States. 17. Free Market Environmentalism and Fairness
- J. Hufmann. 18. Toxic Exposure and Race: Establishing a Case of Discrimination under American Legal Institutions
- T. Centner, W. Kriesel. D: Transitional Economies. 19. Reconciling Environmental Justice and Development in Transition Economies: The Central and Eastern European Reality
- A. Costi. 20. The Pursuit of Environmental Justice in South Africa
- M. Kidd. Conclusion. 21. Outlook: In Search of Future Environmental Law and Policy
- K. Bosselmann, B.J. Richardson.
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