عنوان

Science-based lawmaking :

3030214176

3030214184

3030214192

9783030214173

9783030214180

9783030214197

3030214168

9783030214166

Science-based lawmaking :

[Book]

how to effectively integrate science in international environmental law /

Dionysi-Theodora Avgerinopoulou.

Cham :

Springer,

[2019]

1 online resource (426 pages)

4.4 Green Critiques on the Power Structure of Science

Includes bibliographical references.

Intro; Preface; Acknowledgments; Contents; Abbreviations; Chapter 1: Introduction: Is Contemporary International Environmental Law Based on Science?; 1.1 Arbitrary Adoption of Laws Before the Eyes of an Environmentalist; 1.2 Case Study: The Regulations of the International Seabed Authority; 1.3 Definitions of the Main Terms-of-Art; 1.3.1 Composition of and Role Distinction Between Political and Expert Bodies; 1.3.2 Experts as Natural and Social Scientists; 1.3.3 Science-Based Policy Making, Science-Based Decision-Making and Science-Based Lawmaking

1.3.3.1 The Relationship Between Decision-Making and Lawmaking1.4 First Attempt to Define Science-Based Lawmaking; Chapter 2: Historical Background: What Are the Lessons Learnt from the Past and What Remains To Be Answered; 2.1 From Platoś Philosopher-King to Enlightment, Noocracy, Expert Technocracy and Eco-technocracy; 2.2 Milestone Instruments Calling for Effective Integration of Science in International Environmental Law; 2.2.1 Early Bilateral and Multilateral Environmental Conventions; 2.2.2 Acknowledgment of the Importance of Science in Treaty-Making; 2.2.3 The Road to Stockholm

2.2.4 The 1972 Stockholm Conference on the Human Environment2.2.5 The 1992 UN Conference on Environment and Development; 2.2.6 The State of International Environmental Law at the 2002 UN World Conference on Sustainable Development; 2.2.6.1 ``Shall Be Based upon Scientific Findings;́́ 2.2.6.2 The Requirement for the Scientific Basis of the Conventions; 2.2.6.3 The Requirement for the Best Scientific Evidence Available; 2.2.7 Deployment of New Environmental Tools: Risk Assessments and Environmental Impact Assessments; 2.2.7.1 Environmental Impact Assessments

2.2.7.2 Unresolved Environmental Issues, Such As Overpopulation, Forest Protection, River Dead Zones and Thermohaline Circulat ... 2.2.7.3 New Approaches Are Necessary: The ``Cocktail Effect ́́and the Biology Approach; Part I: Pathology of International Environmental Law; Chapter 3: Fragmentation of Science, International Environmental Law, and International Institutions; 3.1 The Principle of Specialization in International Institutions; 3.2 The Need for an Ecosystems Approach and an Integrated Approach; 3.3 Integrated Approach and Institutional Cooperation

3.4 Delays in International Responses to New Environmental Problems Such as Climate Change3.5 Impotence to Design Large-Scale Scientific Models; 3.6 Efforts for the Promulgation of a Coherent Set of General Principles of International Environmental Law; 3.6.1 Montevideo Program; 3.6.2 The Case of the United Nations Forum on Forests; Chapter 4: Causes of Pathology; 4.1 Vagueness of the Provisions in International Environmental Law; 4.2 Legislative Inaction in the Face of Scientific Uncertainty; 4.2.1 Chaos Theory and Certainty; 4.3 Questioning Science

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The Book takes the approach of a critique of the prevailing international environmental law-making processes and their systemic shortcomings. It aims to partly redesign the current international environmental law-making system in order to promote further legislation and more effectively protect the natural environment and public health. Through case studies and doctrinal analyses, an array of initial questions guides the reader through a variety of factors influencing the development of International Environmental Law. After a historical analysis, commencing from the Platonic philosophy up to present, the Book holds that some of the most decisive factors that could create an optimized law-making framework include, among others: progressive voting processes, science-based secondary international environmental legislation, new procedural rules, that enhance the participation in the law-making process by both experts and the public and also review the implementation, compliance and validity of the science-base of the laws. The international community should develop new law-making procedures that include expert opinion. Current scientific uncertainties can be resolved either by policy choices or by referring to the so-called "sound science." In formulating a new framework for environmental lawmaking processes, it is essential to re-shape the rules of procedure, so that experts have greater participation in those, in order to improve the quality of International Environmental Law faster than the traditional processes that mainly embrace political priorities generated by the States. Science serves as one of the main tools that will create the next generation of International Environmental Law and help the world transition to a smart, inclusive, sustainable future.

Science-Based Lawmaking : How to Effectively Integrate Science in International Environmental Law.

9783030214166

Environmental law, International.

Science and law.

Environmental law, International.

Science and law.

LAW051000

LBBP

LBBP

Avgerinopoulou, Dionysia-Theodora.

20200823092013.0

pn

[Book]

Y