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1 - Introduction: dimensions of justice in environmental law

Published online by Cambridge University Press:  28 June 2009

Jonas Ebbesson
Affiliation:
Stockholms Universitet
Phoebe Okowa
Affiliation:
Queen Mary University of London
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Summary

Outline

Environmental laws and policies are predominantly goal-oriented. Standards, principles and procedures for the protection of the environment are often instrumental to achieve, say, the conservation of fragile ecosystems and endangered species, the preservation of fresh water and other natural resources, the restoration of contaminated soils as well as the stratospheric ozone layer, and the protection of human health. This goal-oriented feature is evident in national as well as international law. It is apparent also when legal approaches to managing environmental problems are compared with economic or market-based instruments, such as emission trading, environmental taxes and voluntary agreements and codes of conduct. National statutes and international treaties, standards, instruments and procedures are assessed with these underlying objectives in mind, and mainly analysed in terms of effectiveness and achievability of the set objectives. Even sustainable development, as an overarching societal objective with obvious environmental connotations, reflects this goal-oriented conception of environmental law and policy.

Yet, environmental law also involves priorities, conflicts and clashes of interests – and concerns for justice and fairness. In fact, any drafting, negotiation, adoption, application and enforcement of environmental laws – indeed comprehending environmental law in general – induces justice considerations: i.e. concerns for the distributive and corrective effects of laws and decisions pertaining to health, the environment and natural resources, as well as concerns for the opportunities of those potentially affected to participate in such law-making and decision-making in the first place.

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Publisher: Cambridge University Press
Print publication year: 2009

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References

Anand, R., 2004. International Environmental Justice: A North–South Dimension. Aldershot: Ashgate.Google Scholar
Bosselmann, K., 2006. ‘Ecological Justice and Law’, in Richardson, B. J. and Wood, S. (eds.), Environmental Law for Sustainability. Oxford and Portland, OR: Hart Publishers, 129.Google Scholar
Bosselmann, K., and Richardson, B. J. (eds.), 1998. Environmental Justice and Market Mechanisms: Key Challenges for Environmental Law and Policy. The Hague, London and New York: Kluwer Law International.
Brown Weiss, E., 1989. In Fairness to Future Generations: International Law, Patrimony and Intergenerational Equity. Dobbs Ferry, NY: Transnational Publishers.Google Scholar
Bullard, R. D., 1998–9. ‘Levelling the Playing Field through Environmental Justice’, 23 Vermont Law Review453.Google Scholar
Caney, S., 2005. ‘Cosmopolitan Justice, Responsibility and Global Climate Change’, 18 Leiden Journal of International Law747.CrossRefGoogle Scholar
Cooper, D. E., and Palmer, J. A. (eds.), 1995. Just Environments: Intergenerational, International and Interspecies Issues. London and New York: Routledge.
Cullet, Ph., 2003. Differential Treatment in International Environmental Law. Aldershot: Ashgate.Google Scholar
Ebbesson, J., 1997. ‘The Notion of Public Participation in International Environmental Law’, 8 Yearbook of International Environmental Law51.CrossRefGoogle Scholar
Lazarus, R. J., 2000. ‘“Environmental Racism! That's What It Is”’, University of Illinois Law Review255.Google Scholar
Nozick, R., 1974. Anarchy, State and Utopia. New York: Basic Book Publishers.Google Scholar
Nussbaum, M., 2006. Frontiers of Justice: Disability, Nationality, Species Membership. Cambridge, MA: Harvard University Press.Google Scholar
Rawls, J., 1972. A Theory of Justice. Oxford: Oxford University Press.Google Scholar
Sen, A., 1999. Development as Freedom. New York: Anchor Books.Google Scholar
Shrader-Frechette, K., 2002. Environmental Justice: Creating Equality, Reclaiming Democracy. New York: Oxford University Press.CrossRefGoogle Scholar

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