scholarly journals Toward Improved Environmental Decisions

Author(s):  
Loren Habegger ◽  
Margaret MacDonell
2019 ◽  
Vol 7 (3-4) ◽  
pp. 151-157
Author(s):  
Judit Lienert ◽  
Igor Linkov

2020 ◽  
Vol 11 (3) ◽  
pp. 74-102
Author(s):  
Anna Berti Suman ◽  
◽  
Sven Schade ◽  
Yasuhito Abe ◽  
◽  
...  

In this article, we investigate how citizens use data they gather as a rhetorical resource for demanding environmental policy interventions and advancing environmental justice claims. While producing citizen-generated data (CGD) can be regarded as a form of ‘social protest’, citizens and interested institutional actors still have to ‘justify’ the role of lay people in producing data on environmental issues. Such actors adopt a variety of arguments to persuade public authorities to recognize CGD as a legitimate resource for policy making and regulation. So far, scant attention has been devoted to inspecting the different legitimization strategies adopted to push for institutional use of CGD. In order to fill this knowledge gap, we examine which distinctive strategies are adopted by interested actors: existing legitimization arguments are clustered, and strategies are outlined, based on a literature review and exemplary cases. We explore the conceivable effects of these strategies on targeted policy uses. Two threads emerge from the research, entailing two complementary arguments: namely that listening to CGD is a governmental obligation and that including CGD is ultimately beneficial for making environmental decisions. We conclude that the most used strategies include showing the scientific strength and contributory potential of CGD, whereas environmental rights and democracy-based strategies are still rare. We discuss why we consider this result to be problematic and outline a future research agenda.


2019 ◽  
Vol 32 (2) ◽  
pp. 221-252
Author(s):  
Stefan Theil

Abstract The idea of landmark cases is ubiquitous in legal scholarship and adjudication. Both scholars who rely on ‘landmark’ cases and those who avoid the label often focus too much attention on a small sample of individual cases when researching legal doctrine. This risks missing important cases and pieces of the doctrinal picture. The article proposes an updated methodology that returns ‘to the basics’ of doctrinal scholarship, but with an empirical twist enabled through modern database technology. The approach is exemplified through the case study of López Ostra v Spain, a well-known environmental human rights decision under the European Convention on Human Rights. Based on a comprehensive data set of all environmental decisions, the article argues that the ‘landmark’ status of López Ostra is less empirically and doctrinally clear than conventionally accepted in legal scholarship.


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