Science-based lawmaking : how to effectively integrate science in international environmental law / Dionysia-Theodora Avgerinopoulou.

Format:

Book

Author/Creator:

Avgerinopoulou, Dionysia-Theodora, 1975-

Language:

English

Subjects (All):

Environmental law, International.

Science and law.

Physical Description:

xx, 419 pages ; 25 cm

Place of Publication:

Cham, Switzerland : Springer Nature, [2019].

Summary:

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. -- Provided by publisher.

Contents:

Is contemporary international environmental law based on science?

Historical background : what are the lessons learnt from the past and what remains to be answered

Fragmentation of science, international environmental law, and international institutions

Causes of pathology

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.

The inherent limits of the science-based lawmaking model

Criticism against the delegation of lawmaking powers to experts based upon democratic conditions

Why would states obey rules issued by expert bodies?

Science expertise as a legitimacy basis for lawmaking and additional bases of legitimacy

A new modus operandi for the international institutions with environmental competence

Conclusion

Appendix. Main functions and features of expert bodies.

Notes:

Includes bibliographical references (pages 387-419).

ISBN:

9783030214166

3030214168

OCLC:

1099529827