Science-Based Lawmaking How to Effectively Integrate Science in International Environmental Law /
| Autor principal: | |
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| Autor Corporativo: | |
| Resumo: | XX, 419 p. 1 illus. text |
| Idioma: | inglês |
| Publicado em: |
Cham :
Springer International Publishing : Imprint: Springer,
2019.
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| Edição: | 1st ed. 2019. |
| Assuntos: | |
| Acesso em linha: | https://doi.org/10.1007/978-3-030-21417-3 |
| Formato: | Recurso Eletrônico Livro |
Sumário:
- Introduction: Is Contemporary International Environmental Law Based on Science?
- Historical Background: What Are the Lessons Learnt from the Past and What Remains To Be Answered
- Part I
- Pathology of International Environmental Law
- Fragmentation of Science, International Environmental Law, and International Institutions
- Causes of Pathology
- Part II
- Normative Powers of the International Institutions with Environmental Competence
- Contemporary Lawmaking Processes and Progressive Lawmaking Processes That Bind the States Without Unanimous Vote
- Progressive Lawmaking Procedures in the Framework of International Institutions with Environmental Competence
- Normative Powers of Expert Bodies as Variables for Effective Environmental Governance
- Additional Theoretical Legal Bases for the Integration of Science in International Environmental Law Without Any Constitutional or Procedural Amendment
- Part III
- Democratic Governance and Public Accountability as Limitations to the Science-Based Lawmaking Model
- The Inherent Limits of the Science-Based Lawmaking Model
- Criticism Against the Delegation of Lawmaking Powers to Experts Based Upon Democratic Considerations
- Part IV
- “To Unite the Political Power with the Wisdom. . .”: The Decision-Making Model That Accepts Expertise as a Basis of Legitimacy
- Why Would States Obey Rules Issued by Expert Bodies?
- Science Expertise as a Legitimacy Basis for Lawmakingand Additional Bases of Legitimacy
- A New Modus Operandi for the International Institutions with Environmental Competence
- Part V
- Towards a Comprehensive Science-Based Lawmaking Model
- Conclusion.