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.
Author(s): Dionysia-Theodora Avgerinopoulou
Publisher: Springer
Year: 2019
Language: English
Pages: 426
Tags: International Environmental Law, Science-Based Lawmarking
Front Matter ....Pages i-xx
Introduction: Is Contemporary International Environmental Law Based on Science? (Dionysia-Theodora Avgerinopoulou)....Pages 1-21
Historical Background: What Are the Lessons Learnt from the Past and What Remains To Be Answered (Dionysia-Theodora Avgerinopoulou)....Pages 23-71
Front Matter ....Pages 73-73
Fragmentation of Science, International Environmental Law, and International Institutions (Dionysia-Theodora Avgerinopoulou)....Pages 75-91
Causes of Pathology (Dionysia-Theodora Avgerinopoulou)....Pages 93-118
Front Matter ....Pages 119-119
Contemporary Lawmaking Processes and Progressive Lawmaking Processes That Bind the States Without Unanimous Vote (Dionysia-Theodora Avgerinopoulou)....Pages 121-131
Progressive Lawmaking Procedures in the Framework of International Institutions with Environmental Competence (Dionysia-Theodora Avgerinopoulou)....Pages 133-190
Normative Powers of Expert Bodies as Variables for Effective Environmental Governance (Dionysia-Theodora Avgerinopoulou)....Pages 191-268
Additional Theoretical Legal Bases for the Integration of Science in International Environmental Law Without Any Constitutional or Procedural Amendment (Dionysia-Theodora Avgerinopoulou)....Pages 269-280
Front Matter ....Pages 281-281
The Inherent Limits of the Science-Based Lawmaking Model (Dionysia-Theodora Avgerinopoulou)....Pages 283-297
Criticism Against the Delegation of Lawmaking Powers to Experts Based Upon Democratic Considerations (Dionysia-Theodora Avgerinopoulou)....Pages 299-320
Front Matter ....Pages 321-321
Why Would States Obey Rules Issued by Expert Bodies? (Dionysia-Theodora Avgerinopoulou)....Pages 323-332
Science Expertise as a Legitimacy Basis for Lawmaking and Additional Bases of Legitimacy (Dionysia-Theodora Avgerinopoulou)....Pages 333-351
A New Modus Operandi for the International Institutions with Environmental Competence (Dionysia-Theodora Avgerinopoulou)....Pages 353-377
Front Matter ....Pages 379-379
Conclusion (Dionysia-Theodora Avgerinopoulou)....Pages 381-383
Back Matter ....Pages 385-419
