Climate Justice [electronic resource] : A Voice for the Future /
Thorp, T.author.
In this ground-breaking work, Teresa Thorp tackles the causes and effects of climate injustice by methodically mapping out an approach by which to reach a negotiated consensus with legal force to protect present and future generations. Using the law and policy of climate change as a vehicle for illustrating how to shape our future, she comprehensively overturns the widely held contemporary view of climate justice as inconstant charitable acts, relative systemic notions and static concepts isolated from the common good and a congruent rule of law. Responding to the adverse impacts of climate change (heat waves, extended drought, severe flooding and desertification), which represent an urgent and potentially irreversible threat to human societies and the planet, requires a new and cohesive way of thinking about global policy and the law. The mission of guaranteeing and realising human dignity, human security and human rights is multi-fold. Looking through the lens of kaleidoscopic normativity, an extensible language anchored in common juridical elements should facilitate how norms enter the socio-legal frame and interact within it. Users need to be able to display and interpret the congruent legal norm in order to obey and apply it. Galvanising this process by constitutionalising first principles and consequential norms is vital for attaining fraternity between nations and among all people. Climate Justice – A Voice for the Future is an essential read for scholars, practitioners and all those genuinely interested in reaching consensus on a post-2015 global climate accord, a unified development agenda and a cohesive pact for disaster-risk reduction.
Description based upon print version of record.
Cover; Contents; List of Tables; Preface; List of Abbreviations; Introduction; I.1 The rationale for advancing action on climate change; I.2 The United Nations Framework Convention on Climate Change; I.3 Towards a legal outcome applicable to all; I.4 Human dignity, human security and universal human rights; I.5 Towards constitutional governance of the global commons; I.6 Normative legitimacy and fulfilment; I.7 Systematic governance failure; I.8 Governing complex systems; I.9 Normative consensus beyond the State; I.10 Kaleidoscopic normativity
I.11 Towards a new process/approach/theory/doctrine of global justiceI.12 Ring-fencing the perimeters; Part I: Unifying the Parameters of Climate Justice; 1 Scope of the Work; 1.1 Main purpose; 1.2 A fiduciary theory of governing the global commons; 1.3 Constitutionalism of international climate law; 1.4 Background to the inquiry; 1.5 Points at issue; 2 Optimising Dynamic Normative Systems; 2.1 Introduction; 2.2 Secondary research - Literature and legal doctrine; 2.3 Traits and characteristics of "jus gentium" principles; 2.4 Fundamental principles of general international law
2.5 Universal environmental principles2.6 Regional environmental principles; 2.7 Principles engaging non-State actors; 2.8 The normative system of internationalclimate law; 2.9 Conclusion; 3 What's Gone Wrong?; 3.1 Introduction; 3.2 Systemic or systematic failure?; 3.3 Indecision and absence of robust theory; 3.4 No architecture to launch a process for 2015; 3.5 Research instruments; 3.6 Constitutional theory; 3.7 Systematics, universal laws and the law of special regimes; 3.8 Prognosis; 3.9 Conclusion; Part II: Launching a Process Applicable to All; 4 The Elements; 4.1 Introduction
4.2 Preliminaries: An overview of the elements4.3 Legal science and analytical construction; 4.4 Legal hermeneutics and the science of the interpretative schema; 4.5 Linguistic interpretation, nomenclature and terminology; 4.6 Controversies and special topics; 4.7 Conclusion; 5 First Principles; 5.1 Introduction; 5.2 The analytical proceeding to discover first-order principles; 5.3 Elements applicable to international climate law; 5.4 "First" principles of international climate law; 5.5 Initial schema: The legal principles of international climate law; 5.6 Controversies and special topics
5.7 Conclusion6 Auxiliary Principles; 6.1 Introduction; 6.2 The analytical proceeding to derive second-order principles; 6.3 A guide on how to use the elements; 6.4 On using systematics to anchor legal principles; 6.5 Auxiliary principles of international climate law; 6.6 Conclusion; 6.7 An initial schema: Lex specialis principles of international climate law; Part III: Reflections on the Constitutionalism of International Law; 7 General Observations and Conclusions; 7.1 Summary findings; 7.2 Suggestions and recommendations; 7.3 Concluding remarks; Notes; Selected Bibliography; Index
Includes bibliographical references and index.
In this ground-breaking work, Teresa Thorp tackles the causes and effects of climate injustice by methodically mapping out an approach by which to reach a negotiated consensus with legal force to protect present and future generations. Using the law and policy of climate change as a vehicle for illustrating how to shape our future, she comprehensively overturns the widely held contemporary view of climate justice as inconstant charitable acts, relative systemic notions and static concepts isolated from the common good and a congruent rule of law. Responding to the adverse impacts of climate change (heat waves, extended drought, severe flooding and desertification), which represent an urgent and potentially irreversible threat to human societies and the planet, requires a new and cohesive way of thinking about global policy and the law. The mission of guaranteeing and realising human dignity, human security and human rights is multi-fold. Looking through the lens of kaleidoscopic normativity, an extensible language anchored in common juridical elements should facilitate how norms enter the socio-legal frame and interact within it. Users need to be able to display and interpret the congruent legal norm in order to obey and apply it. Galvanising this process by constitutionalising first principles and consequential norms is vital for attaining fraternity between nations and among all people. Climate Justice – A Voice for the Future is an essential read for scholars, practitioners and all those genuinely interested in reaching consensus on a post-2015 global climate accord, a unified development agenda and a cohesive pact for disaster-risk reduction.
Economic development.
Environmental sciences—Philosophy.
Environmental policy.
Environmental economics.
Environmental law.
Political science.
Development Studies.
Environmental Philosophy.
Environmental Politics.
Environmental Economics.
Environmental Law/Policy/Ecojustice.
Political Science.