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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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Environmental Justice and the Globalization of Obligation and Normative Consensus

Environmental Justice and the Globalization of Obligation and Normative Consensus

(p.83) 5 Environmental Justice and the Globalization of Obligation and Normative Consensus
Consensus and Global Environmental Governance

Walter F. Baber

Robert V. Bartlett

The MIT Press

Exploring the challenges posed by environmental justice for globalized environmental law necessitates a better understanding of obligation—the parties to an obligation, the sources of obligation, whether an obligation is procedural or substantive, and the limits of obligation. When institutions and processes are largely extralegal, the normative relationship between the institutions of law and civil society is complex, and achieving environmental justice becomes an exercise in the management of complexity. For transnational common law precepts of environmental governance to become effectual, they must emerge from jurisgenerative politics—a process by which people engage in iterative acts of acquiring and interpreting guiding norms, showing themselves to be both authors and subjects of the law. A fully developed jurisgenerative process will require and experimental program to determine where a normative consensus on environmental problems exists and where the lack of consensus indicates the need for more carefully focused debate.

Keywords:   Environmental justice, Law, Obligation, Common law, Jurisgenerative, Consensus, Norms, Civil society

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