A proposal for a philosophical foundation and a realistic deliberative mechanism for creating a transnational common law for the environment. In Global Democracy and Sustainable Jurisprudence, Walter Baber and Robert Bartlett explore the necessary characteristics of a meaningful global jurisprudence, a jurisprudence that would underpin international environmental law. Arguing that theories of political deliberation offer useful insights into the current “democratic deficit” in international law, and using this insight as a way to approach the problem of global environmental protection, they offer both a theoretical foundation and a realistic deliberative mechanism for creating effective transnational common law for the environment. Their argument links elements not typically associated: abstract democratic theory and a practical form of deliberative democracy; the legitimacy-imparting value of deliberative democracy and the possibility of legislating through adjudication; common law jurisprudence and the development of transnational environmental law; and conceptual thinking that draws on Deweyan pragmatism, Rawlsian contractarianism, Habermasian critical theory, and the full liberalism of Bohman, Gutmann, and Thompson. Baber and Bartlett offer a democratic method for creating, interpreting, and implementing international environmental norms that involves citizens and bypasses states—an innovation that can be replicated and deployed across a range of policy areas. Transnational environmental consensus would develop through a novel model of juristic democracy that would generate legitimate international environmental law based on processes of hypothetical rule making by citizen juries. This method would translate global environmental norms into international law—law that, unlike all current international law, would be recognized as both fact and norm because of its inherent democratic legitimacy.

An examination of the potential and limitations of deliberative consensus as a way to achieve effective international environmental governance. In this book, Walter Baber and Robert Bartlett explore the practical and conceptual implications of a new approach to international environmental governance. Their proposed approach, juristic democracy, emphasizes the role of the citizen rather than the nation-state as the source of legitimacy in international environmental law; it is rooted in local knowledge and grounded in democratic deliberation and consensus. The aim is to construct a global jurisprudence based on collective will formation. Building on concepts presented in their previous book, the award-winning Global Democracy and Sustainable Jurisprudence, Baber and Bartlett examine in detail the challenges that consensus poses for a system of juristic democracy. Baber and Bartlett analyze the implications of deliberative consensus for rule-bounded behavior, for the accomplishment of basic governance tasks, and for diversity in a politically divided and culturally plural world. They assess social science findings about the potential of small-group citizen panels to contribute to rationalized consensus, drawing on the extensive research conducted on the use of juries in courts of law. Finally, they analyze the place of juristic democracy in a future “consensually federal” system for earth system governance.

This book makes the case for a New Environmentalism, and using a systems change approach, takes the reader through ideas for reorienting the economy. It addresses the laws and policies needed to support the emergence of a new economy across a variety of major areas – from energy to food, across common pool resources, and shifting investments to capitalize locally-connected and mission-driven businesses. The authors take the approach that the challenges are much broader than setting parameters around pollution, and go to the heart of the dominant global political economy. It explores the values needed to transform our current economic system into a new economy supportive of ecological integrity, social justice, and vibrant democracy.

George Shepherd provides a popular democratic theory and strategy for democratic transition in the world. He demonstrates how popular democratic ideas have created universal human rights uprisings and popular movements, and he shows how real opposition is building to elite rule. Building on the old liberal and new associative rights of the democratic tradition of the Western world from Harold Laski and Jacques Maritain in Europe to the moral realism of Martin Luther King Jr., John Rawls, and David Brower in America, Professor Shepherd proposes numerous reforms in the economic and political systems that can occur through popular politics and participatory economics. Of considerable interest to activists, concerned citizens, and scholars involved in the debates over democracy and current economic-political policies.

Intellectual quest for World Order is as old as the history of mankind. Saints and sages, religious visionaries and philosophers from all great civilizations have left their valuable contributions on the peaceful sands of time. However much of this wealth has been obliterated by other events of history wherein power, might and grandeur were used as the instruments of exploitation by a section of human beings . Time has come to research on the past, and on its basis to analyze the present and visualize a future for a just world order. In World Constitutionalism, over two dozen scholars, academicians, administrators, and leaders of civil society have come together to pen their innovative ideas. It is an attempt to carry their vision over national barriers through the realms of Human Rights, Environmental Law, Feminist Justice, Global Democracy and so on . In the fast evolving twenty first century, World Constitutionalism is already exploding on the global scene in all fields of life, as human race finds enlightenment through information and networking revolution, technology development, and conscious spiritual awakening taking place from East to West. World Constitutionalism endeavours to foster scientific study of world governance as a multi disciplinary subject with an added flavour of law to give it special sanctity in the minds of the Peoples of the World. The book is an addition to the growing movement for World Unity that presently reechoes round the globe.

First Published in 2001. Routledge is an imprint of Taylor & Francis, an informa company.

Greening International Jurisprudence: Environmental NGOs before International Courts, Tribunals, and Compliance Committees examines how international judicial and quasi-judicial bodies enforce international environmental law, with particular consideration to the role of environmental NGOs. The analytical structure of the study is based on four aspects of discussion and research: the enforcement deficit in environmental law; global environmental governance and sustainable development; the proliferation of international judicial and quasi-judicial bodies; and deliberation and democratic global governance. Author Cathrin Zengerling analyses the institutional structure, as well as the environmental case law from a total of fourteen international courts, arbitral tribunals, and compliance committees with special focus on accessibility, comprehensiveness, and transparency. Underlying this analysis is the fundamental question of whether the respective body appropriately contributes to the realization of democratic governance for sustainable development. After presenting her core findings, the author provides concrete recommendations for future best practices and discusses the need for a new World Environment Court. Researchers, practitioners, and students of international environmental law will find an important, thought-provoking and timely new text in Greening International Jurisprudence: Environmental NGOs before International Courts, Tribunals, and Compliance Committees.