Suchergebnisse

Toward an international environmental jurisprudence : problems and prospects -- Political realism : how realist, how realistic? -- "Dewey defeats Truman" : pragmatism versus pluralism in deliberative democracy -- International environmental jurisprudence : conceptual elements and options -- International environmental law and jurisprudence : institutionalizing rule-governed behavior -- Adjudication among peoples : a deliberative democratic approach -- Juristic democracy and international law : diversity, disadvantage, and deliberation -- Nature's regime : think locally, act globally -- Democracy and the environment : fruitful symbiosis or uneasy truce?

Environmental rights are a category of human rights necessarily central to both democracy and effective earth system governance (any environmental-ecological-sustainable democracy). For any democracy to remain democratic, some aspects must be beyond democracy and must not be allowed to be subjected to any ordinary democratic collective choice processes shy of consensus. Real, established rights constitute a necessary boundary of legitimate everyday democratic practice. We analyze how human rights are made democratically and, in particular, how they can be made with respect to matters environmental, especially matters that have import beyond the confines of the modern nation state

The advent of impact assessment as a tool of policy is the latest chapter in our understanding of the relationship between science and politics. As such, it presents at least two challenges to democratic politics. Given its emphasis on appropriate procedural character of conteniporary democratic systems. And by raising the value of technical and scientific information in environmental disputes, impact assessment poses a challenge to existing concepts of popular sovereignty, based as they are on interest and preference rather than knowledge. These challenges, however, do not rep‐ resent irreconcilable differences. Although there may be an inherent ten‐ sion between impact assessment and democratic politics, there are also areas of affinity between the two. And we are destined to accept and adapt to this tension because, in fact, understanding is one of our principal defenses against tyranny.