The role of the judiciary in promoting sustainable development: The experience of asia and the Pacific
| Abstract | Sustainable development is increasingly promulgated in international and national legal contexts, but there is a long way to go in terms of implementation. The role of the judiciary is thus of the greatest importance. The judiciary, particularly at a national level, is faced with the task of explicating the law of sustainable development, case by case. Incrementally a body of environmental jurisprudence is emerging. In performing this task, national judiciaries will be assisted by the exchange of judicial decisions, information and experience between jurisdictions. In this way, national judiciaries may benefit from each other's knowledge, experience and expertise. The purpose of this article is to contribute to this information-sharing goal. It outlines, in brief, the role of the judiciary and explicates the history and concept of sustainable development. It then focuses on four key elements or principles of sustainable development: the precautionary principle, inter- and intragenerational equity, the conservation of biological diversity and ecological integrity, and the internalisation of environmental costs. For each of the elements or principles, the history and concept are explained and decisions of national judiciaries in the Asia-Pacific Region are provided. In addition, the concept of the public trust is addressed in a similar fashion. | |||||||||
| Keywords | No keywords specified (fix it) | |||||||||
| Categories | No categories specified (fix it) | |||||||||
| Options |
|
|||||||||
Download options| PhilPapers Archive |
Upload a copy of this paper Check publisher's policy on self-archival Papers currently archived: 5,701 |
| External links |
  Try with proxy. |
| Through your library | Only published papers are available at libraries |
Similar books and articlesRobin Attfield (2007). Sustainable Development Revisited. The Proceedings of the Twenty-First World Congress of Philosophy 3:185-189.
Jacob Park (2007). China's Rapid Industrialization and its Sustainability Discontents. International Corporate Responsibility Series 3:365-375.
A. H. T. Fergus & J. I. A. Rowney (2005). Sustainable Development: Lost Meaning and Opportunity? Journal of Business Ethics 60 (1):17 - 27.
Lenore Newman, Chris Ling & Ann Dale (2008). Does Place Matter? Sustainable Community Development in Three Canadian Communities. Ethics, Place and Environment 11 (3):267-281.
Ann Dale, Chris Ling & Lenore Newman (2008). Does Place Matter? Sustainable Community Development in Three Canadian Communities. Ethics, Place and Environment 11 (3):267 – 281.
W. Mckinney (2000). Of Sustainability and Precaution The Logical, Epistemological, and Moral Problems of the Precautionary Principle and Their Implications for Sustainable Development. Ethics and the Environment 5 (1):77-87.
Joseph R. Herkert (1998). Sustainable Development, Engineering and Multinational Corporations: Ethical and Public Policy Implications. Science and Engineering Ethics 4 (3):333-346.
Joanna Becker (2007). How Frameworks Can Help Operationalize Sustainable Development Indicators. World Futures 63 (2):137 – 150.
M. Haque (2000). Environmental Discourse and Sustainable Development Linkages and Limitations. Ethics and the Environment 5 (1):3-21.
Analytics
Monthly downloads |
Added to index2009-01-28Total downloads6 ( #145,673 of 549,122 )Recent downloads (6 months)1 ( #63,361 of 549,122 )How can I increase my downloads? |
My notes
Discussion
