With the ratification of Multilateral Environmental Agreements the countries of the international community or of intentional communities—be they political, economic, financial, securitarian or strategic—endow these instruments of international cooperation with significant autonomy. From the 3550 dates of ratification of these MEAs recorded from 1979 to mid-September 2014, we produce a graph whose vertices are the 48 MEAs and whose links are induced by the succession of ratifications in time. On this basis we propose a diagnosis on the (...) international acceptance of this type of legal instruments and their vulnerability in a global context that builds on the change in the balance of powers as a result of globalization, the break of the bipolar and then unipolar system, and the rise of new powers. Thus, it appears that a global environmental order has been promoted and implemented with some success in the 90s mainly by liberal Western countries who were then able to lead other countries less likely to bind to the fulfillment of environmental obligations. However, the expansion of this global environmental order now seems frozen, due to the current crisis of multilateralism. The rise of many countries, particularly in the South, whose environmental, political and economic weight grew, confronted with the “stable community” formed in the past 35 years suggests that there is a real power shift in the international arena and consequently, multilateralism needs to reflect this new reality. In other terms, the global environmental order is being slowly reformed. As a consequence, the treaties formed clusters in the past but they did not follow the same pattern since the twenty-first century began. (shrink)

Environmental problems were not among the core issues for the United Nations at its creation in 1945. In the 1970s, however, they created a crescendo of public concern as the threats posed by toxic chemicals, large-scale destruction of natural ecosystems, and the loss of species became visible and were obviously linked to human activity. Pollution, it was clear, did not stop at national borders and solutions required common effort. As part of the special issue on “The United Nations at (...) Seventy-Five: Looking Back to Look Forward,” this essay explores how, as the only institution equipped to identify global problems and generate collective action toward their resolution, the UN became the platform for creating multilateral environmental agreements, convening global conferences, and mobilizing national and international effort through a progressively larger number of institutions at the national and international level to guide decisions and influence behavior. We have moved the environmental needle in terms of information, institutions, and awareness. Yet, many environmental problems persist, some are getting worse, and new challenges and, indeed, crises are emerging. (shrink)

A treaty to regulate the global antimicrobial commons can be appropriately framed around the model provided by multilateral environmental agreements. At the same time, it is not clear that a comprehensive treaty is the only possible entry point and other options, such as an agreement on technology transfer or funding may be apt starting points. Any legal instrument adopted to regulate the global antimicrobial commons needs to reflect the global South-North dichotomy and integrate the principle of common (...) but differentiated responsibilities and respective capabilities. Further, it would need to go beyond environmental instruments that have been structured around the sovereign interests of negotiating states even when dealing with issues of global concern, such as climate change. The proposed legal instrument would also need to be based not just on the precautionary principle as a marker of the necessity to address the negative environmental and health impacts, but also be based on the interests of patients and integrate concerns raised in terms of the human right to health. (shrink)

This article examines stakeholder involvement and influence as part of voluntary environmental agreements between regulatory agencies and companies. Ten pilot projects that were part of the U.S. Environmental Protection Agency’s Project XL were examined to evaluate process goals and outcome goals. The ten case studies encompass a range of businesses, locations, and ideas for regulatory “reinvention” projects, and they span a spectrum of stakeholder participation processes and outcomes. Although results point to numerous problems in implementation, they also (...) indicate that in several cases, stake holder groups significantly affected the final project agreement and enforceable permit. The evidence suggests that companies can work collaboratively and constructively with residents of local communities, members of national environmental organizations and other interest groups, and government regulatory officials to craft voluntary environmental agreements that are cooperative and environmentally beneficial. (shrink)

Jordan agreed to extensive liberalization undertakings under the General Agreement on Trade in Services (“GATS”) that would open some sectors that were previously closed or restricted to foreign suppliers and investors. It undertook horizontal commitments in cross-border movement of individuals and commercial presence covering all types of services.

This essay examines the controversy over the attempt to establish rules governing global capital flows in the Multilateral Agreement on Investment (MAI), which became a target of “antiglobalization” activism. Making sense of the activists' concerns about the MAI requires understanding how the emergence of transnational standards in contemporary globalization constitutes an exercise in power. I develop the concept of “network power” to explain the way in which the rise of a single coordinating standard for global activity can be experienced (...) as coercive, as it eclipses alternative standards and abrogates the genuinely free choice among different conventions. Using a network‐power analysis, I reinterpret the controversy over the MAI as a concern about the processes by which neoliberal globalization is being brought about. (shrink)

Written from the point of view of a campaigner against economic globalisation, this paper looks at the recent Multilateral Agreement on Investment (MAI) and the campaign against it which eventually led to its demise. It looks at the nature of the diverse coalition of interests opposed to the MAI, and in particular their use of e‐mail and the Internet, and argues that the success of this campaign has lessons beyond the immediate victory over the forces promoting the MAI. It (...) is argued that the emergence of anti‐globalisation action also contains the seeds of new grassroots forms of ethical social organisation, based in specific but interconnected localities, a cosmopolitan interlocalism, and that this in itself remains a key feature in the short‐ and long‐term success of such action. (shrink)

Past research suggests that although citizens are generally favorable to pro-environmental policies, their negative economic impact can be a relevant source of concern. In two studies, we investigated the agreement with messages highlighting the positive vs. negative economic impact of a pro-environmental policy, as a function of the framing of the policy itself in terms of local relevance and environmental impact. In Study 1, participants were citizens of different Italian regions. Results showed that reference to the local (...) relevance of the proposed policy increased the tendency to agree with loss-framed messages on the economic impact of the policy. In Study 2, participants were a sample of actual lakeside residents from the Garda Lake area in Italy. Results showed that reading messages promoting the policy through stressing the negative consequences of not implementing it increased the tendency to agree with a subsequent loss-framed message on the economic impact of the policy. This effect was more evident among participants with stronger place identity. Discussion focuses on the relevance of framing and matching effects in devising persuasive messages on the environmental and economic impact of pro-environmental policies. (shrink)

Environmental pragmatism is a new strategy in environmental thought. It argues that theoretical debates are hindering the ability of the environmental movement to forge agreement on basic policy imperatives. This new direction in environmental thought moves beyond theory, advocating a serious inquiry into the merits of moral pluralism. Environmental pragmatism, as a coherent philosophical position, connects the methodology of classical American pragmatic thought to the explanation, solution and discussion of real issues. This concise, well-focused collection (...) is the first comprehensive presentation of environmental pragmatism as a new philosophical approach to environmental thought and policy. (shrink)

Environmental pollution and climate change have been considered the main environmental challenges affecting the world’s ecosystem, including that of South Africa. They cause poverty, land degradation, and health hazards. One of the leading causes and contributing factors of environmental pollution and climate change is carbon emissions into the atmosphere. As a way to curb these emissions, Carbon tax policy has been introduced in various countries, including South Africa. In 2019, a Carbon tax was introduced to assist South (...) Africa in delivering on the commitments made in the Paris Agreement in 2015. If the policy is effectively applied, it will raise revenues while reducing carbon dioxide emissions. Before and after introducing the Carbon tax policy in South Africa, there has been debate and discussion on its impact on the environment, economy, and society. Based on the debate and discussion, it has been observed that more attention is paid to the economic implications and benefits of the tax on South Africa than the ethical implications. Thus, this paper aims to contribute to the ongoing debate and discussion by ethically evaluating the Carbon tax policy in South Africa. (shrink)

Most environmental philosophers have had little use for 'conventional' philosophical and political thought. This is unfortunate, because these traditions can greatly contribute to environmental ethics and policy discussions. One mainstream concept of potential value for environmental philosophy is the notion of the public interest. Yet even though the public interest is widely acknowledged to be a powerful ethical standard in public affairs and public policy, there has been little agreement on its descriptive meaning. A particularly intriguing account (...) of the concept in the literature, however, may be found in the work of the American pragmatist John Dewey. Dewey argued that the public interest was to be continuously constructed through the process of free, cooperative inquiry into the shared good of the democratic community. This Deweyan model of the public interest has much to offer environmental philosophers who are interested in making connections between normative arguments and environmental policy discourse, and it holds great promise for enhancing environmental philosophy's role and impact in public life. (shrink)

This article attempts to find grounds for agreement and tolerance among environmentalists, as well as all persons of good will who are reasonable and scientifically informed. It beguis by taking stock of where we are today in ethics in general, and then hi environmental ethics in particular. What are the major theories, their central ideas, and problems? Is there a way forward? Explained and defended throughout is the thesis that moral pluralism is the best way forward.

The author of the article describes globalization processes as inevitable historic and objective phenomena, the driving force of society’s development and progress. It is emphasized that these processes result in harmful effects of global character on the environment and society. In the opinion of the author, one of the most important negative effects of globalization is the increase in environmental pollution which in turn results in the change of climate, extreme ecological situations, and threats to the natural environment and (...) human health. The author argues that one of the main legal instruments for limiting and neutralizing the harmful effect of pollution on the environment and society is the integrated system of environmental legal regulation. The author considers the safeguarding of the environmental objects and resources (climate atmosphere, soil and subsoil, water, air, biologic diversity, etc.) as the object of the legal regulation of the integrated environmental protection. What is more, the author of the article analyzes certain problematic aspects related to climate change and integrated prevention and control of climate pollution which are regulated under the new integrated institute of environmental protection under the environmental protection law. The author compares the provisions of international agreements, the European Union and Lithuanian legislation regarding these relations and concludes that Lithuania has not fully met its international obligations in this field. (shrink)

The timing of the Japanese Government's acceptance of the United Nations multilateral treaties governing several environmental concerns indicates Japan's priorities: biodiversity, global warming, and depletion of the ozone layer. Banning transboundary movement of hazardous wastes is the least prioritized, as indicated by Japan's failure to accept the Ban Amendment to the Basel Convention. The Japanese Environment Agency's policy statements and budget allocations between 1985 and 2000, as well as other official statements and programs, likewise indicate the same priorities. (...) Moreover, of the three priorities, global warming is the top. (shrink)

The urgent need to address climate change poses a range of complex moral and practical concerns, not least because rising to the challenge will require cooperation among countries that differ greatly in their wealth, the extent of their contributions to the problem, and their vulnerability to environmental and economic shocks. This thesis by publication in the field of climate ethics aims to characterise a range of national responsibilities associated with acting on climate change (Part I), and to identify proposals (...) for fulfilling those responsibilities through fair and feasible institutional arrangements (Part II). I aim not only to address substantive gaps in scholarly understanding of those responsibilities, but also to strengthen the ability of climate ethics to engage meaningfully with climate policy. Chapter 2 addresses the question of whether wealthy countries owe a “climate debt” to poor countries. It finds that even if climate debt (suitably interpreted) may provide a coherent and morally plausible concept, its political value as a discursive frame that can provide a basis for cooperation is limited. Chapter 3 investigates the role that equity may play in negotiations on a long-term climate change agreement. It argues that developed and developing countries may reach a “principled bargain” if both converge on a way of differentiating their responsibilities that places less emphasis on a rigid dichotomy between the two groups and more emphasis on objective criteria relating to their contribution to the problem and capacity to address it. Chapter 4 explores a question largely overlooked in climate ethics, namely whether wealthy countries owe compensation to those who are adversely affected by the climate policies which they enact. I find that enacting countries have responsibilities to compensate both domestic and foreign citizens who would suffer disproportionate losses from the effects of policies. Chapter 5 assesses whether wealthy countries may legitimately adopt unilateral (or “fragmented”) rather than multilaterally coordinated approaches to raising climate finance for developing countries. It finds that coordinated target-setting, effort sharing and oversight arrangements are essential, but that a mix of unilateral and coordinated approaches to raising funds will be necessary for securing legitimacy. In Chapter 6, through addressing the broader question of what should count as official aid, I consider whether wealthy countries may draw on aid budgets to support developing countries’ efforts to address climate change. I find that the current definition of official aid should be retained but supplemented by specified exclusions from eligibility in order to preserve the aid regime’s integrity. Nevertheless, some climate finance may justifiably be counted as aid provided that concerns relating to the diversion of aid funding are addressed. In addressing these research questions, the thesis seeks not only to make original theoretical contributions to climate ethics but also to strengthen broader scholarly understanding of the ways in which ethics and international public policy may inform one another, particularly by highlighting the role of framing considerations (Chapter 2), feasibility considerations (Chapter 3), and the ways in which principles of fairness and legitimacy map onto institutional functions (Chapters 4, 5 and 6). (shrink)

Environmental pragmatists have presented environmental pragmatism as a new philosophical position, arguing that theoretical debates in environmental philosophy are hindering the ability of the environmental movement to forge agreement on basic policy imperatives. Hence, they aim to lead environmental philosophers away from such theoretical debates, and toward more practical—and pragmatically motivated—ones. However, a position with such an aim is not a proper philosophical position at all, given that philosophy (among other things) is an effort to (...) get clear on the problems that puzzle us. (shrink)

We propose a new game to strategically justify the constrained equal awards rule in claims problems. Our game is “procedurally fair” and “multilateral”. In addition, even if claimants cannot reach an agreement in any period, they can renegotiate in the next period. We show that, for each claims problem, the awards vector chosen by the constrained equal awards rule achieved at period 1 is the unique subgame perfect equilibrium outcome of the game.

In our increasingly interactive and interdependent world, we are confronted almost daily with issues in international law: think, for instance, of the recent Pinochet and Öcalan cases, the crises in Iraq, Kosovo and East Timor, or the banana and hormone disputes in the WTO. Add to this continual reports about the activities of international organizations, from the UN to the European Union, and it becomes clear that international law is the order of the day. Whoever follows these international developments, as (...) I do, and whoever is committed to the construction of a solid legal order for the international community, finds himself constantly torn between hope and despair. Signs of hope in recent years include the approval of a statute for the International Criminal Court in Rome on July 17, 1998; the Pinochet decisions of the House of Lords of November 1998 and March 1999; and the coming into force of the Ottawa agreement on anti-personnel mines in March of 1999. Yet who could witness the course of events during the NATO bombing campaign in Yugoslavia, and the long period of UN inaction against the violence that broke out in East Timor following the referendum, without feeling some sense of desperation? The mood of the present day, however, should not prevent us from taking a long-term perspective. What kind of international legal order are we moving towards on the threshold of the twenty-first century? Building up a solid international legal order is probably one of the greatest challenges facing humanity at present. Our national legal systems are strongly developed and during the last fifty years, Western Europe has succeeded in constructing an EU legal order which has made possible a peaceful society, welfare and the integration of peoples in Europe. But where do we stand on the world level? Is international law not all too slowly limping behind globalization? And yet, the century we are looking back on has been the century in which international law and the law of international organizations flourished: in the framework of the League of Nations, and then the UN, we have succeeded in codifying, consolidating and developing international law in numerous multilateral treaties ranging from human rights and maritime law to international labour, trade and environmental norms. Never before had the world witnessed such an extensive network of international organizations . Never before did states make such intensive use of treaties for arranging their mutual concerns: more than 30,000 are registered at the UN. (shrink)

In our increasingly interactive and interdependent world, we are confronted almost daily with issues in international law: think, for instance, of the recent Pinochet and Öcalan cases, the crises in Iraq, Kosovo and East Timor, or the banana and hormone disputes in the WTO. Add to this continual reports about the activities of international organizations, from the UN to the European Union, and it becomes clear that international law is the order of the day. Whoever follows these international developments, as (...) I do, and whoever is committed to the construction of a solid legal order for the international community, finds himself constantly torn between hope and despair. Signs of hope in recent years include the approval of a statute for the International Criminal Court in Rome on July 17, 1998; the Pinochet decisions of the House of Lords of November 1998 and March 1999; and the coming into force of the Ottawa agreement on anti-personnel mines in March of 1999. Yet who could witness the course of events during the NATO bombing campaign in Yugoslavia, and the long period of UN inaction against the violence that broke out in East Timor following the referendum, without feeling some sense of desperation? The mood of the present day, however, should not prevent us from taking a long-term perspective. What kind of international legal order are we moving towards on the threshold of the twenty-first century? Building up a solid international legal order is probably one of the greatest challenges facing humanity at present. Our national legal systems are strongly developed and during the last fifty years, Western Europe has succeeded in constructing an EU legal order which has made possible a peaceful society, welfare and the integration of peoples in Europe. But where do we stand on the world level? Is international law not all too slowly limping behind globalization? And yet, the century we are looking back on has been the century in which international law and the law of international organizations flourished: in the framework of the League of Nations, and then the UN, we have succeeded in codifying, consolidating and developing international law in numerous multilateral treaties ranging from human rights and maritime law to international labour, trade and environmental norms. Never before had the world witnessed such an extensive network of international organizations . Never before did states make such intensive use of treaties for arranging their mutual concerns: more than 30,000 are registered at the UN. (shrink)

In June 2017, President Trump announced that the US intends to withdraw from the Paris Agreement. The decision was widely viewed as an abrogation of US leadership in confronting a changing climate. I’m not interested here in the decision to withdraw from Paris per se. Instead, I’m interested in Paris as a useful contrast for the administration’s attitude towards a different international environmental agreement: the Montreal Protocol.

The anti-counterfeiting trade agreement was originally meant to harmonise and enforce intellectual property rights provisions in existing trade agreements within a wider group of countries. This was commendable in itself, so ACTA’s failure was all the more disappointing. In this article, I wish to contribute to the post-ACTA debate by proposing a specific analysis of the ethical reasons why ACTA failed, and what we can learn from them. I argue that five kinds of objections—namely, secret negotiations, lack of consultation, (...) vagueness of formulation, negotiations outside any international body, and the creation of a new governing body outside already existing forums—had only indirect ethical implications. This takes nothing away from their seriousness but it does make them less compelling, because agreements should be evaluated, ethically, for what they are, rather than for the alleged reasons why they are being proposed. I then argue that ACTA would have caused three ethical problems: an excessive and misplaced kind of responsibility, a radical decrease in freedom of expression, and a severe reduction in information privacy. I conclude by indicating three lessons that can help us in shaping a potential ACTA 2.0. First, we should acknowledge the increasingly vital importance of the framework of implicit expectations, attitudes, and practices that can facilitate and promote morally good decisions and actions. ACTA failed to perceive that it would have undermined the very framework that it was supposed to foster, namely one promoting some of the best and most successful aspects of our information society. Second, we should realise that, in advanced information societies, any regulation affecting how people deal with information is now bound to influence the whole ‘onlife’ habitat within which they live. So enforcing IPR becomes an environmental problem. Third, since legal documents, such as ACTA, emerge from within the infosphere that they affect, we should apply to the process itself, which one day may lead to a post-ACTA treaty, the very framework and ethical values that we would like to see promoted by it. (shrink)

Current conceptualizations of environmental responsibility follow a human-centered approach wherein the natural environment is seen as instrumental to human ends. Environmental responsibility, in this context, emerges primarily as the preservation and sustenance of nature in a manner that would limit waste, enhance the aesthetic and spiritual value of nature, and confer psychological and economic rewards upon individuals and businesses that follow a sustainable course of interaction with nature. In contrast, this paper advances an ecocentric approach to sustainable living (...) that ensures the dialectic between human systems and natural and technical systems by explicitly recognizing nature as central to survival and progress. Environmental responsibility within this approach is viewed to be multilateral and institutional rather than merely as moral responsibility of business or of governments. (shrink)

This Second Edition of A New Environmental Ethics: The Next Millennium for Life on Earth offers clear, powerful, and often moving thoughts from Holmes Rolston III, one of the first and most respected philosophers to write on the environment and often called the "father of environmental ethics." Rolston surveys the full spectrum of approaches in the field of environmental ethics and offers critical assessments of contemporary academic accounts. He draws on a lifetime of research and experience to (...) suggest an outlook, and even hope, for the future. This forward-looking analysis, focused on the new millennium, will be a necessary complement to any balanced textbook or anthology in environmental ethics. The First Edition guaranteed "to put you in your place." Beyond that, the Second Edition, asks whether you want to live a "de-natured life on a de-natured planet." Key Updates in the Second Edition - Covers the worsening environmental situation due to actions of the Trump administration, including withdrawal from the Paris accord and from the U.N. Framework Convention on Climate Change - Includes information on legislation in key U.S. states aimed to ameliorate the damage done at the Federal level - Increases coverage of group knowledge, group agreement and disagreement, and group action in collective environmental ethics, as distinguished from individual knowledge and action - Examines the deleterious effects of online consumer behavior - Explains how a loss of solidarity among a nation's citizens and even a larger solidary among humanity leads to environmental degradation - Offers new analysis of the effects of epistemic bubbles, echo chambers, and fake news on the behavior of voters and consumers - Provides an extended critique of the Anthropocene Epoch, and the prospect of geo-engineering Earth to become a synthetic environment. (shrink)

The negotiations of the intergovernmental group known as the ‘IGWG’, undertaken by the Member States of the WHO, were the result of a deadlock in the World Health Assembly held in 2006 where the Member States of the WHO were unable to reach an agreement on what to do with the 60 recommendations in the report on ‘Public Health, Innovation and Intellectual Property Rights submitted to the Assembly in the same year by a group of experts designated by the Director (...) General of the WHO. The result of these negotiations was the ‘Global strategy and plan of action on public health, innovation and intellectual property’ which was approved by the World Health Assembly in 2008. The intention of the Global Strategy and Plan of Action (GSPOA) which was produced by the IGWG was to substantially reform the pharmaceuticals' research and development system in view of the findings that this system, whose purpose is to produce medicines for diseases which affect the greater part of the world population which lives in developing countries, had failed. The intellectual property rights imposed by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the recent trade agreements could become one of the main obstacles to access to medicines. The GSPOA makes a critical analysis of this reality, and opens the door to searching for new solutions to this problem. (shrink)

The origins of both economic and philosophical value theory are examined and shown to be closely related. The status of neo-classical value theory is that it is internally flawed in any attempt to describe the real world. Cost-benefit analysis as it applies to the valuation of environmental agents relies upon the claim that this neo-classical theory has a particular status in optimal welfare maximisation and, therefore, suffers the same problems of internal consistency. Economic valuation of the environment is not (...) a scientific process derived from external law but a social process relying upon social agreement. Alternatives to economic valuation are considered and may possess a more plausible social base. However, all environmental valuation is at odds with beliefs based upon the existence of objective and intrinsic values. (shrink)

This chapter contains section titled: Introduction The Foundations of the Discussion The Conflict as We Understand it: Globalizers and Their Opponents Ten Commandments for Multinational Business International Agreements Case 6: Shell Oil in Nigeria Notes.

Modern ecological risks associated with the anthropological crisis of nature, leading to the paradoxes of the ecological state of humanity, are analyzed. It is substantiated that the unlimited use of natural resources causes a misbalance between human actions and the riches of nature. The question of the necessity of exploring the man-nature relation in the context of humanistic revolution is raised; it allows us to perceive the relation to nature as caring which includes such existential elements as agreement, tolerance, respect, (...) and care. We are discussing an alternative view of the relationship between man and nature in anthropologies of exploitation and violence. It is necessary to realize the value of nature precisely in its ontological intentionality and not because it is valuable solely in terms of utilitarianism and pragmatism. It is determined that over-technological human activity has led to catastrophic changes in large natural areas, destruction of natural water resources, and global warming, which threatens the biosphere and may lead to fundamental changes in the state of nature. The assumption is made that it is impossible to exclude the situation on the existence of the threat of catastrophe between man and nature; at that, the human search for the options of communication and preservation of nature and man, and their anthropological characteristics becomes expedient. (shrink)

First, the thorny problem of locating the Midwest is treated. Second, the ancient Stoics’ understanding of nature is proposed as a fertile field of ecological wisdom. The significance of nature in Stoicism is explained. Stoic philosophers (big-S Stoics) are distinguished from stoical non-philosophers (small-s stoics). Nature’s lessons for living a good Stoic life are drawn. Are such lessons too theoretical to provide practical guidance? This worry is addressed by examining the examples of Cincinnatus and Cato the Elder—ancient Romans lauded for (...) their virtues who worked the land. They exhibited the virtues of civic responsibility, justice, self-sufficiency, parsimony, perseverance, equanimity, modesty, and respect for limits—an agrarian virtue dear to Wendell Berry. Agrarianism views rural society as superior to urban society and the independent farmer as superior to the paid worker. Reflection on the virtues of stoical Roman agrarians suggests that features of Roman Stoic agrarianism resonate with a contemporary instantiation of Stoicism in the Midwest. The main thesis is that Midwest Stoic agrarianism (MSA), guided by an array of earthy virtues, promotes agricultural practices that harmonize with nature and support living in agreement with nature, while rejecting agricultural practices contrary to nature and propelled by vice. MSA endorses, e.g., locally sourced, sustainably grown crops instead of CAFOs. MSA tackles the ecological and sociopolitical pressures confronting Midwest farmers in the Anthropocene and can fortify environmental virtue ethics beyond this region. (shrink)

Among the options of government for reducing negative environmental externalities from agriculture is the institution of a polluter statutory liability. An environmental duty of care imposes a statutory liability on agents who interact with the environment to avoid causing environmental harm. This paper documents environmental duty of care provisions governing landholders in Queensland, Australia, with specific reference to the 2007 Queensland State Rural Leasehold Land Strategy. The paper reports on a positive response by a group of (...) leaseholders within the Northern Gulf Region in Queensland who developed a prototype environmental code of practice for grazing—a land use not previously covered by such an institution in Australia. The paper concludes that (1) a statutory environmental duty of care and specific forms of leasehold tenure are elements of an effective strategy for implementing an agricultural environmental ethics in north Australia’s rangelands and (2) a grazing industry code of practice is a practical and important tool for the grazing industry to safeguard its social licence to operate. (shrink)

Environmental issues are among the most critical scientific and social problems of today. The human environment is an environment of inequality and crisis, and a platform for debate on the fairness of social order. The crisis is the result of human behaviour, which reflects the failure of development and unjust distribution of consequences. The gap between rich and poor on a global scale is evident in the disproportionate climate change impacts on countries and their ability to cope. In this (...) respect, the economic and political inequalities between First and Third World countries are fortified by ecological ones. The development of international environmental mechanisms such as the Kyoto Agreement is instrumental in this kind of change. The pursuit of tackling and controlling climate change has its unforeseen consequences, whereas in specific communities the existent inequalities are emphasised in new forms. If mechanisms developed for the environment, such as the market of carbon emissions and the carbon balance, lead to environmental injustice and disproportionately affects vulnerable groups, it raises the question of their purpose. On the path of Rawl’s idea on the fairness of social institutions, such system demonstrates itself as contradictory and unjust. (shrink)

George Marcus’s methodology for multi-sited ethnography is widely discussed and applied in anthropology and the strategy of ‘following the conflict’ has been a fruitful approach to studying controversies and conflicts. Drawing on my shifting methodology in the initial stages of a digital ethnography project on vaccination-related online community forums, I explore ‘the war’ on vaccines using a broadened strategy that includes following agreements and silences within the controversy. By examining the debate in conjunction with medical anthropology research, I discuss (...) how both vaccine-cautious and vaccine-confident forum members challenge conventional debate divisions, such as scientific–unscientific, evidential–anecdotal and genetic–environmental, while still adhering to medico-scientific discourses as zones of agreement. Whereas an agreement-oriented methodology contributes to research on liminal zones and reconfigured forms of bio-citizenship and literacy, the strategy of ‘following silences’ highlights the limits to liminality in a debate underpinned by adultism that silences the views of young people. (shrink)

This paper examines the nexus between climate change and trade governance from a normative perspective. Only little research attention has been paid to assessing the interactions between empirical and normative approaches to climate change in the context of potential trade measures. To this end, the paper focuses on currently discussed border carbon adjustment measures. The paper assesses these trade measures from a normative perspective: it explores whether they are compatible or in conflict with development ethics on the one hand and (...) with climate ethics on the other. The paper finds that border adjustment measures are both a potential threat to development, as well as to a workable climate agreement. It argues that they are therefore both in conflict with development as well as climate ethics concerns. From a development ethics perspective, border adjustment measures are objectionable for two reasons. First, they hurt developing countries and above all the ones that are vulnerable in terms of relying only on few export goods. Second, border adjustment measures restrict market access for developing countries and thereby undermine the potential of trade to foster development. From a climate ethics perspective, border adjustment measures are objectionable for three reasons. First, border adjustment measures amount to unilaterally changing whatever global burden-sharing deal has been agreed to—thereby undermining procedural justice. Second, border adjustment measures disregard the consumption-dimension: it might be questioned whether it is fair to focus exclusively on making producers pay for emissions rather than also holding those responsible that import and consume the goods that incorporate these emissions. Third, even if border adjustment measures and countries with low emissions are exempted from border adjustment measures, they still burden countries that bear no historic responsibility for current high levels of greenhouse gases in the atmosphere, thereby undermining distributive justice by being in conflict with the polluter pays principle. (shrink)

Environmental governance has emerged as a recent perspective to explain the link between corporate governance mechanisms and environmental performance such as pollution reduction. We extend current models by incorporating the crucial role of the underlying institutional logics in terms of an a priori focus on either shareholder rights or stakeholder inclusion, which, in turn, can be traced back to the legal origin of a specific country. Using data on a sample of common and civil law countries, we find (...) support for our predictions that a shareholder-focused common law legal origin is associated with significantly higher emissions of CO2, and also that international environmental agreements like the Kyoto protocol seem to have a more pronounced effect in shareholder-centric economies than thus far assumed. (shrink)

The United States' pursuit of increasingly TRIPS-Plus levels of intellectual property protection for medicines in bilateral and regional trade agreements is well recognized. Less so, however, are U.S. efforts through these agreements to influence and constrain the pharmaceutical coverage programs of its trading partners. Although arguably unsuccessful in the Australia- U.S. Free Trade Agreement (AUSFTA), the U.S. nevertheless succeeded in its bilateral FTA with South Korea (KORUS) in establishing prescriptive provisions pertaining to the operation of coverage and reimbursement (...) programs for medicines and medical devices, which have the potential to adversely impact future access in that country. More recently, draft texts leaked from the current Trans Pacific Partnership Agreement (TPPA) negotiations show that U.S. objectives include not only AUSFTA-Plus and KORUS-Plus IP provisions but also ambitious inroads into the domestic health programs of its TPPA partners. This highlights the apparent conflict between trade goals — pursued through multilateral legal instruments to promote economic “health”— and public health objectives, such as the development of treatments for neglected diseases, the pursuit of efficiency and equity in priority setting, and the procurement of medicines at prices that reflect their therapeutic value and facilitate affordable access. (shrink)

This chapter explores the ethical dimensions of diplomatic efforts to form a global agreement on climate change. It offers a brief historical background on the core multilateral climate negotiation body, the United Nations Framework Convention on Climate Change, and highlights some contentious moral elements of these negotiations. In particular, it explores the complex ways in which the principle of “common but differentiated responsibilities” has driven debates on how burdens for mitigation, adaptation, and finance should be distributed between developed and (...) developing countries. It then considers the transformation in these climate negotiations since 2009, including the move toward a bottom-up architecture as part from the Copenhagen Accord to the Paris Agreement. Finally, it assesses the current state of climate diplomacy in relation to broader diplomatic priorities, arguing that climate diplomacy must be elevated alongside other top-tier foreign policy issues today in order to eventually achieve some level of climate stability. (shrink)

It is natural to assume that we would not be willing to compromise the environment if the conveniences and luxuries thereby gained did not have a substantial positive impact on our happiness. But there is room for skepticism and, in particular, for the thesis that we are compromising the environment to no avail in that our conveniences and luxuries are not having a significant impact on our happiness, making the costs incurred for them a waste. One way of defending the (...) no-avail thesis fits neatly with what I will call the exalted view , according to which the key to human happiness lies in the mental (or spiritual) realm rather than in the material realm. After considering this familiar approach to defending the no-avail thesis, I sketch out a very different approach—one that will, I hope, appeal to those who have doubts about the familiar line of defense. The alternative and novel approach builds on a strand of empirical research on (self-reports concerning) happiness that suggests that we are, in a way, quite shallow, and that our happiness depends on whether we are keeping up with the Joneses. I call this view concerning happiness the worldly view . My reasoning suggests that even if the current rift between exalted pictures of human nature and happiness, on the one hand, and worldly pictures of human nature and happiness, on the other, cannot be repaired, it need not hinder agreement on the plausibility of the no-avail thesis; rather, with the rift come two different routes to the same thesis. I conclude that we should take the no-avail thesis very seriously, and that evidence that we are shallow materialists need not be bad news for the environment(alist). (shrink)

Professionals in environmental fields engage with complex problems that involve stakeholders with different values, different forms of knowledge, and contentious decisions. There is increasing recognition of the need to train graduate students in interdisciplinary environmental science programs in these issues, which we refer to as “social ethics.” A literature review revealed topics and skills that should be included in such training, as well as potential challenges and barriers. From this review, we developed an online survey, which we administered (...) to faculty from 81 United States colleges and universities offering IESPs. Respondents overwhelmingly agreed that IESPs should address values in applying science to policy and management decisions. They also agreed that programs should engage students with issues related to norms of scientific practice. Agreement was slightly less strong that IESPs should train students in skills related to managing value conflicts among different stakeholders. The primary challenges to incorporating social ethics into the curriculum were related to the lack of materials and expertise for delivery, though challenges such as ethics being marginalized in relation to environmental science content were also prominent. Challenges related to students’ interest in ethics were considered less problematic. Respondents believed that social ethics are most effectively delivered when incorporated into existing courses, and they preferred case studies or problem-based learning for delivery. Student competence is generally not assessed, and respondents recognized a need for both curricular materials and assessment tools. (shrink)

Employing the case of theredwood Headwaters forest in rural NorthernCalifornia, this paper investigates the extentto which an anti-corporate progressive alliancebetween labor and the environmental movement ispossible in contemporary global capitalism.Progressive alliances between labor and theenvironmental movement have been historicallydifficult. This has been particularly the casein the timber industry, where companies havebeen able to mobilize workers againstenvironmentalists' designs. The caseillustrates the events that led to the purchaseof the Headwaters Forest by the state ofCalifornia and the Federal Government fromPacific Lumber. This (...) is a subsidiary of Maxxam,a corporation with interests in a variety ofeconomic sectors. The objective was to haltMaxxam's rampant deforestation of old growthredwood. Though conflict between labor andenvironmentalists existed, the casedemonstrates that the labor and theenvironmental movement were united againstMaxxam. They, however, were not completelysuccessful in their struggle as Maxxam greatlybenefited from the state-sponsored landpurchase. Maxxam gained economically, was ableto shape the ideological framework throughwhich the purchasing agreement was achieved,and extended its hegemony over the state. Thisoutcome cast doubts on the possibility thatcurrent forms of environmental protection couldtranscend commodified and reductionistpostures. Simultaneously, the existence of acommon anti-corporate consciousness among largesegments of labor and the environmentalmovement makes the environment a contestedterrain and allows for some optimism about thefuture of the struggle for ecologically soundsocial arrangements. (shrink)

Long run success in watershed management requires understanding of how economic stratification and social values affect water quality protection. Feedback effects on water quality are produced by three aspects of economic well-being: income levels, quality of life and inequality, including the effects of gender based inequality. In the US emphasis on individualistic values leads to reliance on local and private policy solutions to social problems. Analysis of the context of New York City's internationally famous watershed agreement with communities 120 miles (...) distant provides a case study of these relationships. The nature of economic stratification in these upstate communities and the insufficient response of social policies were an impediment to achieving New York City's water quality goals. As a consequence the City's watershed agreement contains direct economic aid to Watershed communities. The Agreement does not address all stratification issues. Some call for solutions beyond the local level and an approach that benefits from the European emphasis on community. It is in the interest of watershed managers to broaden the scope of their concerns to understand and support state and national programs which address problems created by economic stratification. The expansion of the European Union increases the relevance of these lessons for Europe. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Critical Issues in Future Environmental EthicsHolmes Rolston III (bio)1. Sustainable development vs. sustainable biosphere. The question is whether to prioritize development within environmental constraints, or whether to prioritize a sustainable biosphere and work out a suitable economy within that priority. Sustainable development, likely to remain the favored model, is also likely to prove an umbrella concept that requires little but superficial agreement, bringing a constant illusion of (...) [End Page 139] consensus and glossing over deeper problems with a rhetorically engaging word. Everybody co-opts the idea and justifies their desired developments. Sustainability will prove to be a "metafix" that will unite everybody including industrialists, subsistence farmers, fair-wage social workers, riverkeepers, wildlife lovers, economists, and politicians—all of whom wish to have their cake and eat it too.2. In tension with this, a "sustainable biosphere" model demands a baseline quality of environment, with the economy worked out "within" such quality of life in a quality environment (clean air, water, stable soils, attractive residential landscapes, forests, mountains, rivers, rural lands, parks, wildlands, wildlife, renewable resources). Development is desired, but even more, society must learn to live within the carrying capacity of its landscapes. The fundamental flaw in "sustainable development" is that it sees the Earth as a resource only.3. Global warming. Global warming is a threat of the greatest magnitude, involving an unprecedented convergence of complexities, natural and technological uncertainties, global and local interactions, and difficult scientific, ethical, political, and social choices. There are cross-cultural issues, intergenerational issues, distributional issues, concerns about merit, justice, benevolence, and about voluntary and involuntary risk. There is a long lag time from decades to hundreds of years. Surely but gradually, local "goods" cumulate into global "bads". There are opportunities for denial, procrastination, self-deception, hypocrisy, free-riding, cheating, and corruption. Individual and national self-interests are at odds with collective global interests. This is the "tragedy of the commons" now taken at the pitch.4. Biodiversity. Charismatic megafauna is likely to disappear, except in pockets. Conservation plans will increasingly need to incorporate local communities and governments in developing nations which are too unstable (if not corrupt) to insure long-range conservation. Fauna and flora generally are likely to become increasingly depauperate, due to development, pollution, ignorance, and disinterest outside of native-range industrial, medical, and agricultural resource benefits. The planet is likely to become less diverse, warmer, increasingly trashy, and weedy.5. Escalating populations, escalating consumption, maldistribution. [End Page 140] These are three main global problems (drivingfor instance, global warming and depauperate fauna and flora). Global capitalism has no intrinsic capacities to solve these problems. A major problem is that products and capital move freely across national boundaries, but labor cannot, resulting in exploitation of cheaper labor. In addition to the human misfortunes produced by this system, such exploited peoples will progressively degrade their environments. As a result, both rich and poor will jeopardize both sustainability and conservation.6. The "enough" problem. Humans have long been driven by desires to increase security and wealth. Humans have Pleistocene appetites for salt, sugar, fat, sex, and to maximize our short-term security for self and kin, and perhaps tribe. Without such concerns, people did not make it through winter. So humans always want more in order to make us more secure—more pay, bigger houses, better health, more preferences satisfied, more comfort, economic and national security. For all of human history, we have been pushing back limits.7. Especially in the West, we have lived with a deep-seated belief that life will get better, that one should hope for abundance, and work toward obtaining it. In the West we have built this into our concept of human rights—a right to self-development, to self-realization. But such an egalitarian ethic scales everybody up and drives an unsustainable world.8. Humans are not well equipped to deal with the sorts of global level problems we now face. The classical institutions—family, village, tribe, nation, agriculture, industry, law, and medicine—have shorter horizons. Humans have no evolutionary ability to deal with long-range problems on world scales. Many biologists think we are incapable of doing this at the ranges now demanded. A... (shrink)

To what extent is any individual morally obligated to live environmentally sustainably? In answering this, I reject views I see as constituting two extremes. On one, it depends entirely on whether there exists a collective agreement; and if no such agreement exists, no one is obligated to reduce her/his consumption or pollution unilaterally. On the other, the lack of a collective agreement is morally irrelevant, and regardless of what others are doing, each person is obligated to limit her/his pollution and (...) consumption to a level that would be sustainable if everyone were to act in this way. I argue that the truth is somewhere between these, but that a very precise specification of the extent of one's responsibility is impossible. Roughly, what can be said is that each individual ought constantly to strive to do more than she/he does currently and to push her/himself into new, uncomfortable territory, though no one is obligated to martyr her/himself for an environmental cause. (shrink)

France’s agreements on the joint management of migration flows figure centrally within studies of bilateral migration agreements. With their origins in friendship and navigation treaties of the late 19th century, the AJMs are successors to the postcolonial, circular mobility conventions of the 1960s, and are uniquely positioned for periodizing the evolution of bilaterally negotiated labor mobilities. Nonetheless, due to the European Union’s reluctance to embrace mass regularization and the EU Member States’ legislative powers over labor markets, they have (...) time and again scotched France’s ambition to leverage preferential labor market entries in exchange for more cooperation over irregular migration. Through documents and statistical data analysis, this Article studies the case of Senegal’s negotiation of additional pathways to France for its lower-skilled workers. At the center is France’s administrative court of appeals, which has confirmed the broad margin of discretion over Art. 42 in the AJM between France and Senegal. This jurisprudence has decoupled the automatic linkage between a job listed under duress in France under the Annex to the AJM and the entitlement to exceptional admission. We argue that France’s courts have removed a privilege of Senegalese workers, which has re-politicized France’s migration diplomacy with Senegal. At the same time, retention of the prefectorial discretionary power has levelled the playing field among West and North African countries that have concluded similar bilateral agreements with France. This Article adds to the research on bilateral migration agreements by proposing a multilevel legal analysis, which studies AJMs in the context of France’s common law, EU labor and return directives, and the multilateral of WTO/gats liberalization. (shrink)

This paper explores how to deliberate about food choices from a Stoic perspective informed by the value of environmental sustainability. This perspective is reconstructed from both ancient and contemporary sources of Stoic philosophy. An account of what the Stoic goal of “living in agreement with Nature” would amount to in dietary practice is presented. Given ecological facts about food production, an argument is made that Stoic virtue made manifest as wisdom, justice, courage, and temperance compel Stoic practitioners to select (...) locally sourced, low resource input, plant-based foods whenever circumstances allow. (shrink)

Large mining projects can generate highly inequitable outcomes, with affected communities bearing the burden of social and environmental costs while economic benefits accrue largely to domestic and foreign metropolitan centres. This raises important ethical and social justice issues, as does the finite nature of mineral resources, which can mean that current generations enjoy the benefits of mining while future generations bear the costs of environmental and social impacts that can continue long after mining ends. During recent decades two (...) broad approaches, voluntary industry initiatives and government regulation, have been employed in attempts to achieve a more equitable distribution of mining’s positive and negative effects. Both have serious drawbacks. Industry initiatives are ultimately voluntary and may be abandoned in tough economic times; they can be highly variable across companies and projects; and they suffer from serious compliance issues. Public regulation can be inflexible, is subject to industry capture, and in many major mineral producing nations a ‘retreat from regulation’ is reducing its relevance. This article considers whether, and under what conditions, a third and emergent instrument, community development agreements, can help overcome the shortcomings associated with industry initiatives and public regulation. It argues that CDAs have considerable potential in this regard, but that communities can encounter significant practical challenges in their negotiation and implementation. In addition, disparities in negotiation power between communities and project developers can result in inequitable agreements, indicating a continued need for government involvement to create a more level ‘negotiation terrain’. (shrink)

Efforts to promote corporate social and environmental accountability (SEA) should be informed by an understanding of stakeholders’ attitudes toward enhanced accountability standards. However, little is known about current attitudes on this subject, or the determinants of these attitudes. To address this issue, this study examines the relationship between personal values and support for social and environmental accountability for a sample of experienced MBA students. Exploratory factor analysis of the items comprising our measure of support for SEA revealed two (...) distinct factors: (1) endorsement of the general proposition that corporations and executives should be held accountable for the social and environmental impacts of their actions; and (2) agreement that the government should adopt and enforce formal SEA standards. Our findings indicate that the universalism value type is positively associated with general support for SEA, but not with support for government enforcement of accountability standards. In addition, we found that gender has a significant impact on support for government enforcement of SEA standards. (shrink)

Professionals in environmental fields engage with complex problems that involve stakeholders with different values, different forms of knowledge, and contentious decisions. There is increasing recognition of the need to train graduate students in interdisciplinary environmental science programs in these issues, which we refer to as “social ethics.” A literature review revealed topics and skills that should be included in such training, as well as potential challenges and barriers. From this review, we developed an online survey, which we administered (...) to faculty from 81 United States colleges and universities offering IESPs. Respondents overwhelmingly agreed that IESPs should address values in applying science to policy and management decisions. They also agreed that programs should engage students with issues related to norms of scientific practice. Agreement was slightly less strong that IESPs should train students in skills related to managing value conflicts among different stakeholders. The primary challenges to incorporating social ethics into the curriculum were related to the lack of materials and expertise for delivery, though challenges such as ethics being marginalized in relation to environmental science content were also prominent. Challenges related to students’ interest in ethics were considered less problematic. Respondents believed that social ethics are most effectively delivered when incorporated into existing courses, and they preferred case studies or problem-based learning for delivery. Student competence is generally not assessed, and respondents recognized a need for both curricular materials and assessment tools. (shrink)

This article examines public involvement in the six-year administrative review of an application by Waukesha, Wisconsin, to draw water from Lake Michigan to replace its radium-contaminated local water supply. The article shows that public positions on the proposal inverted the typical relationship between partisanship and environmental attitudes, prompting both supporters and opponents to ignore scientific evidence and the central matter of water safety. In successive rounds of state and regional administrative review, these political stances induced administrators to engage in (...) increasingly legalistic forms of assessment. Although Waukesha’s application was approved in 2016, such administrative dynamics may limit the ability of the recently enacted Great Lakes Compact to address current and prospective water safety problems in the region. The case typifies an emerging pattern in water governance in the United States: contentious administrative politics drive cooperative agreements to resemble adversarial proceedings, limiting their ability to adapt to new environmental problems. (shrink)