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Zusatztext This book provides a ground-breaking contribution to the literature and lays the foundation for future valuable work in this area of law. Informationen zum Autor Emily Barritt is a Lecturer at King’s College London. Vorwort This book provides a new interpretative theoretical tool for understanding the Aarhus Convention, examining its ambitious potential through the lens of three foundational purposes – environmental rights, democracy and stewardship. Zusammenfassung This important new monograph offers an innovative new analysis of the Aarhus Convention. Environmental law is dense with monolithic concepts, from environmental democracy to intergenerational justice, from sustainable development to stewardship. Each concept generates its own mythology about what environmental law should aspire to. Sometimes these ideas become so big that we lose hold of their meaning and therefore what we allude to when we describe environmental law in such terms. No more so is this true than in relation to the Aarhus Convention – an ambitious instrument of environmental law that promotes public participation and access to justice in relation to the environment. Since its inception it has been revered in glowing terms, and praised variously for its contribution to citizenship, environmental responsibility and democratic legitimacy. But how are we to know whether these descriptions are mere puffs or genuine statements about the Convention’s character? This book digs deep into the foundations of the Aarhus Convention, examining its ambitious potential through the lens of three foundational purposes – environmental rights, democracy and stewardship. In so doing, it contributes to our understanding both of the Convention and our understanding of three important purposes that inhabit environmental law, unravelling and reassembling them to build meaning into our broad-brush descriptions. Inhaltsverzeichnis 1. The Philosophical Scope of the Aarhus Convention I. Introduction II. Constructing the Convention A. The Three Pillars B. Unveiling the Foundations III. Understanding the Aarhus Convention A. Methodological Approach B. Containing Complexity and Contestability IV. Conclusion 2. The Three Purposes I. Introduction II. A Purpose-Driven Approach III. The Ambition of Environmental Democracy IV. The Ambiguity of Environmental Rights V. The Air of Environmental Stewardship VI. Conclusion 3. Environmental Democracy I. Introduction II. The Narrative of Democracy A. Scrambling through the Thicket B. Boundary Markers of Democracy III. The Complexities of Environmental Decision-Making IV. The Dimensions of Environmental Democracy A. The Normative Dimensions of Environmental Democracy B. The Structural Arrangements of Environmental Democracy V. Conclusion 4. Environmental Rights I. Introduction II. Rights Territory A. The Character of Rights B. The Special Character of Human Rights C. Conclusions III. Environmental Ground A. Environmental Rights as Substantive Human Rights i. Historical Foundations ii. Moral Framing iii. Legal Development iv. Conclusions B. Procedural Environmental Rights C. Rights of Future Generations IV. Conclusion 5. Environmental Stewardship I. Introduction II. Environmental Stewardship, An Artist’s Impression III. Elements of Stewardship A. Object of the Stewardship Duty B. Beneficiaries of the Stewardship Duty C. Holder of the Stewardship Duty D. Nature of the Duty: Relationships and Values i. Custodial Stewardship ii. Managerial Stewardship iii. Proprietorial Stewardship iv. Spiritual Stewardship IV. Conclusion 6. Interpretive Possibilities I. Introduction II. The Purposive Approach III. Environmental Democracy in the Context of the Aarhus Convention A. The Environmental Democracy Purpose of the Aarhus Convention B. Interpretive Consequences of the Environmental Democracy Purpose C. Conclusions IV. Environmental Righ...
