Author: Stephen J. Turner
Publisher: Routledge (2013)
208 Pages [Hardcover]
Review: By ThinktoSustain.com
The development of an international substantive environmental right on a global level has long been a contested issue. To a limited extent environmental rights have developed in a fragmented way through different legal regimes. This book examines the potential for the development of a global environmental right that would create legal duties for all types of decision-makers and provide the bedrock for a new system of international environmental governance.
Taking a problem-solving approach, the book seeks to demonstrate how straightforward and logical changes to the existing global legal architecture would address some of the fundamental root causes of environmental degradation. It puts forward a draft global environmental right that would integrate duties for both state and non-state actors within reformed systems of environmental governance and a rational framework for business and industry to adhere to in order that those systems could be made operational. It also examines the failures of the existing international climate change regime and explains how the draft global environmental right could remedy existing deficits.
This innovative and interdisciplinary book will be of great interest to policy-makers, students and researchers in international environmental law, climate change, environmental politics and global environmental governance as well as those studying the WTO, international trade law, human rights law, constitutional law and corporate law.
“Environmental degradation is creating the worst global crisis that mankind could ever imagine. Despite tell-tale signs of an impending crisis, aggressive industry lobbying and lack of political will have rendered current legal and market mechanisms ineffective.
There is an emergent need to look at this problem from a different perspective in order to find better alternatives.
This book brings out new dimensions and deliberates on a global environmental right in an attempt to connect the missing links and reform the present system of international environmental governance.
The author’s approach is innovative and thought-provoking. The book has the potential to offer insights into a new way of thinking about the global environmental crisis.”
About the Author:
Stephen J. Turner is a Senior Lecturer at Kingston University, U.K., where he leads the LLM course in Environmental Law and Sustainability. He also teaches Company Law.
Table of Contents:
2. The State of Degradation of the Planet’s Environment, the Impact upon Human Rights and the Current Status of the Development of Environmental Rights
3. The Global Legal Architecture and its effect on International Environmental Governance
4. A Global Environmental Right – Draft with Commentary
5. The Application of a Global Environmental Right to Climate Change