The development of an international substantive environmental right
on a global level has long been a contested issue. To a limited
extent environmental rights have developed in a fragmented way
through different legal regimes. This book examines the potential
for the development of a global environmental right that would
create legal duties for all types of decision-makers and provide
the bedrock for a new system of international environmental
governance. Taking a problem solving approach, the book seeks to
demonstrate how straightforward and logical changes to the existing
global legal architecture would address some of the fundamental
root causes of environmental degradation. It puts forward a draft
global environmental right that would integrate duties for both
state and non-state actors within reformed systems of environmental
governance and a rational framework for business and industry to
adhere to in order that those systems could be made operational. It
also examines the failures of the existing international climate
change regime and explains how the draft global environmental right
could remedy existing deficits. This innovative and
interdisciplinary book will be of great interest to policy-makers,
students and researchers in international environmental law,
climate change, environmental politics and global environmental
governance as well as those studying the WTO, international trade
law, human rights law, constitutional law and corporate law.
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