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Consensus and Global Environmental GovernanceDeliberative Democracy in Nature's Regime$
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Walter F. Baber and Robert V. Bartlett

Print publication date: 2015

Print ISBN-13: 9780262028738

Published to MIT Press Scholarship Online: September 2015

DOI: 10.7551/mitpress/9780262028738.001.0001

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Legislation by Consensus

Legislation by Consensus

The Potential of International Law in Global Environmental Governance

(p.31) 3 Legislation by Consensus
Consensus and Global Environmental Governance

Walter F. Baber

Robert V. Bartlett

The MIT Press

Existing international law consists of a collection of agreements that represent the will and consent of nation-states with respect to the rules governing their relationships. Although international law does not include rules promulgated by a unified sovereign authority, its sources are not unique or distinctive--analogous sources contribute to the domestic law of all societies. But three elements of domestic legal systems are lacking in the existing international legal system: an autonomous capacity for growth, democratic legitimacy, and sufficient implementation mechanisms. Development of international environmental law through juristic democracy is a feasible response to the first two of these deficiencies. The democratic legitimacy provided by that continuing development would then support creation of more effective compliance mechanisms—although probably never ones with recourse to the kinds of coercion available domestically--that would lead to a greater general regard of international law as a fact as well as norm.

Keywords:   International law, Consensus, Collective will, Rules, Common law, Legitimacy, Compliance, Governance, Norms, Deliberative

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