Science-Based Lawmaking: How to Effectively Integrate Science in International Environmental Law - Softcover
Synopsis
Introduction: Is Contemporary International Environmental Law Based on Science?.- Historical Background: What Are the Lessons Learnt from the Past and What Remains To Be Answered.- Part I.- Pathology of International Environmental Law.- Fragmentation of Science, International Environmental Law, and International Institutions.- Causes of Pathology.- Part II.- Normative Powers of the International Institutions with Environmental Competence.- 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.- Part III.- Democratic Governance and Public Accountability as Limitations to the Science-Based Lawmaking Model.- The Inherent Limits of the Science-Based Lawmaking Model.- Criticism Against the Delegation of Lawmaking Powers to Experts Based Upon Democratic Considerations.- Part IV.- "To Unite the Political Power with the Wisdom. . .": The Decision-Making Model That Accepts Expertise as a Basis of Legitimacy.- 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.- Part V.- Towards a Comprehensive Science-Based Lawmaking Model.- Conclusion.
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