Part I Context, Ch.7 Scholarship

2021 ◽  
Author(s):  
French and Duncan ◽  
Collins Lynda
Keyword(s):  
Environmental Law ◽  
Theory And Practice ◽  
International Environmental Law ◽  
General Theme ◽  
Key Players ◽  
The Relationship

This chapter investigates the role of international environmental law scholarship in shaping the sub-discipline, explores its limitations, and reflects on the relationship between scholarship and praxis. It begins by defining the context, content, and key players in international environmental law scholarship. The chapter then looks at major challenges in the area, including fragmentation, reactivity, under-represented voices and issues, and inter-disciplinarity. Finally, it elaborates the important dialectic between theory and practice in international environmental law, touching in particular on the role of international environmental law scholars in litigation, advocacy, and consultancy. The general theme of the chapter is that international environmental law scholarship is a rich, maturing, and increasingly diverse body of work, and yet it lacks coherency in some important respects.

Part III Conceptual Pillars, Ch.16 Harm Prevention

2021 ◽  
Author(s):  
Brunnée Jutta
Keyword(s):  
Environmental Law ◽  
Environmental Harm ◽  
Due Diligence ◽  
International Environmental Law ◽  
Significant Harm ◽  
Actual Harm ◽  
The Face ◽  
Harm Prevention ◽  
The Relationship

This chapter addresses how international environmental law originates from and revolves around the harm prevention rule. It focuses on three points of contention, each related to the role of due diligence in harm prevention, and each highlighted by recent judicial engagements with the harm prevention rule. First, it is generally accepted that a state's obligation to prevent environmental harm is not absolute, but requires due diligence in the face of risk of significant harm. However, it is unclear whether a failure to act diligently to avert harm on its own—absent actual harm—can amount to a breach of the harm prevention rule. Second, the relationship between the procedural and substantive dimensions of the harm prevention rule remains ambiguous. Third, there is some uncertainty as to where the line runs between the harm prevention obligation and the precautionary principle, given the focus of both notions on risk. These inter-related conceptual questions affect the harm prevention rule's function as a reference point for international environmental law.

scholarly journals The right to a safe environment and the Chevron case: a new piece of the puzzle on the relationship between the environment and foreign investments

2019 ◽  
Vol 1 (2) ◽  
pp. 4
Author(s):  
Giulia D’Agnone
Keyword(s):  
Environmental Law ◽  
Environmental Policies ◽  
Environmental Issue ◽  
International Environmental Law ◽  
Foreign Investments ◽  
Safe Environment ◽  
The Right ◽  
The Relationship

This work aim to analyze the relationship between the foreign investiments and the Environmental Law. For it, it is questioned about the role of the International Environmental Law, having in account that the Treaties of Investiment, both bilateral and multilateral, have only recently started to embrace the environmental issue, generally in its preambles. In that sense, it is examined the factors that contribute to this situation, as far as the role of the States in the execution of environmental policies affected by clauses contained in such treaties and of the Tribunals of Investments to whom disputes are directed.

Locating Nature: Making and Unmaking International Law

2014 ◽  
Vol 27 (3) ◽  
pp. 573-593 ◽  
Author(s):  
USHA NATARAJAN ◽  
KISHAN KHODAY
Keyword(s):  
Human Rights ◽  
International Law ◽  
Environmental Degradation ◽  
Environmental Law ◽  
Environmental Issues ◽  
Environmental Harm ◽  
International Environmental Law ◽  
Wealth Generation ◽  
The Relationship

AbstractThis article explores the relationship between international law and the natural environment. We contend that international environmental law and general international law are structured in ways that systemically reinforce ecological harm. Through exploring the cultural milieu from which international environmental law emerged, we argue it produced an impoverished understanding of nature that is incapable of responding adequately to ecological crises. We maintain that environmental issues should not be confined to a disciplinary specialization because humanity's relationship with nature has been central to making international law. Foundational concepts such as sovereignty, development, property, economy, human rights, and so on, have evolved through understanding nature in ways that are unsuited to perceiving or observing ecological limits. International law primarily sees nature as a resource for wealth generation to enable societies to continually develop, and environmental degradation is treated as an economic externality to be managed by special regimes. Through tracing the co-evolution of these assumptions about nature alongside seminal disciplinary concepts, it becomes evident that such understandings are central to shaping international law and that the discipline helps universalize and normalize them. By comprehending more broadly the relationship between nature and international law, it is possible to see beyond law's potential to correct environmental harm and identify the disciplinary role in driving ecological degradation. Venturing beyond the purview of international environmental lawyers, this article considers the role of all international lawyers in augmenting and mitigating ecological crises. It concludes that disciplinary solutions to environmental problems require radical departures from existing disciplinary tenets, necessitating new formulations that encapsulate rich and diverse understandings of nature.

Protecting Natural Resources

2018 ◽  
Author(s):  
Jérémie Gilbert
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Natural Resources ◽  
Environmental Law ◽  
Legal Framework ◽  
Human Rights Law ◽  
International Environmental Law ◽  
Conservation Of Natural Resources ◽  
The Relationship ◽  
Do So

This chapter focuses on the connection between the international legal framework governing the conservation of natural resources and human rights law. The objective is to examine the potential synergies between international environmental law and human rights when it comes to the protection of natural resources. To do so, it concentrates on three main areas of potential convergence. It first focuses on the pollution of natural resources and analyses how human rights law offers a potential platform to seek remedies for the victims of pollution. It next concentrates on the conservation of natural resources, particularly on the interconnection between protected areas, biodiversity, and human rights law. Finally, it examines the relationship between climate change and human rights law, focusing on the role that human rights law can play in the development of the current climate change adaptation and mitigation frameworks.

The Failure of Functional Theologies of Ministry and the Promise of a Relational Alternative

Ecclesiology ◽  
2005 ◽  
Vol 1 (3) ◽  
pp. 27-43
Author(s):  
Graham Buxton
Keyword(s):  
Pastoral Theology ◽  
Pastoral Ministry ◽  
Theory And Practice ◽  
Theological Method ◽  
Systematic Theology ◽  
The Social ◽  
Practical Ministry ◽  
Pastoral Theory ◽  
The Relationship

AbstractThe author critiques inductive approaches to pastoral theology that rely on the empirical methodology of the social and human sciences, and presents an alternative Christocentric praxis model of pastoral ministry. The result is an attempt to integrate pastoral theory and practice that shifts the perspective away from functionally-determined theologies of ministry to a relationally oriented and hermeneutically coherent model of orthopraxis in which theory and practice interact in a way that is intended to both deepen faith and transform lives. Some of the key themes that inform the discussion are the importance of theological method, the role of the community as the context for care, the relationship between practical ministry and systematic theology, and the notion of praxis in articulating the nature and scope of practical theology today.

Paternity leave: stepchild of family-friendly policies. Moderating the role of traditional masculinity ideology

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Bhawana Maheshwari ◽  
Jatin Pandey ◽  
Aditya Billore
Keyword(s):  
Organizational Support ◽  
Positive Impact ◽  
Theory And Practice ◽  
Content Type ◽  
Masculinity Ideology ◽  
Moderated Mediation Model ◽  
Paternity Leave ◽  
Traditional Masculinity ◽  
The Relationship

PurposeThe purpose of this study is to demonstrate the importance and influence of paternity leave on individual level organizational outcomes. Drawing on signaling theory, the study examines the relationship between paid paternity leave entitlement (PPLE) and organizational attractiveness (OA) through a mediating path of anticipated organizational support (AOS). Furthermore, the study proposes that this mediated relationship would be conditional on traditional masculinity ideology (TMI) such that the relationship would be stronger for individuals who score low on TMI.Design/methodology/approachThe study analyzed a moderated mediation model using the data from a survey experiment. Data were collected from 264 professionals enrolled in an executive education course and will soon be looking for employment.FindingsThe findings supported the mediating role of AOS between PPLE and OA. As predicted, the positive impact of PPLE on AOS and OA is stronger for individuals scoring low on TMI.Originality/valueThis study takes a multidisciplinary approach to understand the underlying mechanisms that impact decisions related to employers. It is one of the few studies that study paternity leave in the Indian context and makes important contributions to theory and practice.

scholarly journals Investigating Organizational Commitment as the Outcome of Job Satisfaction: A Study of Banking Sector of Pakistan

2012 ◽  
Vol 2 (4) ◽  
pp. 146 ◽  
Author(s):  
Maryam Saeed Hashmi ◽  
Dr. Imran Haider Naqvi
Keyword(s):  
Job Satisfaction ◽  
Organizational Commitment ◽  
Banking Sector ◽  
Theory And Practice ◽  
Descriptive Statistics ◽  
Sample Characteristics ◽  
Intrinsic Job Satisfaction ◽  
The Relationship ◽  
Positive Effect

This study aims to elaborate the role of job satisfaction in committing employees with organization. This study tested the effect of both components of job satisfaction (intrinsic and extrinsic) of on organizational commitment in banking sector of Pakistan. Data was gathered from employees working in banks of Pakistan. The study has uses descriptive statistics (mean and standard deviation) to identify sample characteristics and inferential statistics (multiple linear regression) to find out the relationship between variables. Results showed the significant and positive effect of both components of job satisfaction on organizational commitment. This study is a contribution to theory and practice with an increased understanding on importance of job satisfaction in committing the employees with the organization.   Keywords: Intrinsic Job Satisfaction, Extrinsic Job Satisfaction, Organizational Commitment  

scholarly journals A legal paradigm shift towards climate justice in the Anthropocene

2020 ◽  
Vol 11 (1) ◽  
pp. 44-68
Author(s):  
Sam Adelman ◽  
Keyword(s):  
Paradigm Shift ◽  
Legal Theory ◽  
Environmental Law ◽  
Climate Justice ◽  
Potential Contribution ◽  
International Environmental Law ◽  
Main Driver ◽  
Business As Usual ◽  
Ecological Catastrophe

Business as usual is widely acknowledged as the main driver of ecological collapse and climate breakdown, but less attention is paid to the role of law as usual as an impediment to climate justice. This article analyses how domestic and international environmental law facilitate injustices against living entities and nature. It calls for a paradigm shift in legal theory, practice and teaching to reflect the scale and urgency of the unfolding ecological catastrophe. Section 2 outlines the links between climatic harms and climate injustices. This is followed by discussions of unsustainable law and economic development in sections 3 and 4. Section 5 examines the potential contribution of new materialist legal theory in bringing about a legal paradigm shift that reflects the jurisgenerative role of nature in promoting climate justice.

Does strategic planning determine innovation in organizations? A study of Indian SME sector

2017 ◽  
Vol 43 (3) ◽  
pp. 493-513 ◽  
Author(s):  
Safal Batra ◽  
Sunil Sharma ◽  
Mukund R Dixit ◽  
Neharika Vohra
Keyword(s):  
Strategic Planning ◽  
New Product Development ◽  
Manufacturing Sector ◽  
Organizational Factors ◽  
Theory And Practice ◽  
Senior Executives ◽  
Medium Businesses ◽  
Creativity And Innovation ◽  
The Relationship

While some researchers argue that strategic planning assists new product development and can be viewed as a framework for innovation, others believe that it restricts creativity and innovation. Despite a literary appreciation that strategic planning is linked to innovation, the nature of this relationship remains ambiguous. In this study, we argue that this relationship is context dependent and contingent on other organizational factors. Data for this study were collected by administering standardized survey questionnaires to entrepreneurs or other senior executives of small and medium businesses in India. Quantitative analysis of data obtained from 162 small- and medium-sized enterprises (SMEs) in the manufacturing sector reveals a positive relationship between strategic planning and innovation. This study also establishes a significant positive moderating role of commitment to learning on the relationship between strategic planning and innovation. Implications for theory and practice are discussed.

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