Overview
- Offers an interesting historical perspective of the issue of decision and law-making in International Environmental Law
- Presents a comparison of the law-making process of the majority of the international institutions with environmental relevance
- Offers a new law-making model for the international environmental issues that comprises of best practices in lawmaking
- Presents both scientific and legal information on main, current environmental issues, so that both scientists and lawyers that read the book may gain a complete picture
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Table of contents (14 chapters)
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Front Matter
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Pathology of International Environmental Law
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Front Matter
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Normative Powers of the International Institutions with Environmental Competence
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Front Matter
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Democratic Governance and Public Accountability as Limitations to the Science-Based Lawmaking Model
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Front Matter
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“To Unite the Political Power with the Wisdom…”: The Decision-Making Model That Accepts Expertise as a Basis of Legitimacy
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Front Matter
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Towards a Comprehensive Science-Based Lawmaking Model
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Front Matter
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Keywords
About this book
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.
Authors and Affiliations
Bibliographic Information
Book Title: Science-Based Lawmaking
Book Subtitle: How to Effectively Integrate Science in International Environmental Law
Authors: Dionysia-Theodora Avgerinopoulou
DOI: https://doi.org/10.1007/978-3-030-21417-3
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: Springer Nature Switzerland AG 2019
Hardcover ISBN: 978-3-030-21416-6Published: 11 September 2019
Softcover ISBN: 978-3-030-21419-7Published: 11 September 2020
eBook ISBN: 978-3-030-21417-3Published: 31 August 2019
Edition Number: 1
Number of Pages: XX, 419
Number of Illustrations: 1 b/w illustrations
Topics: International Environmental Law, Environmental Law/Policy/Ecojustice, Environmental Science and Engineering, Sources and Subjects of International Law, International Organizations, Water Policy/Water Governance/Water Management, Philosophy of Law