(Non)-developments in environmental justice in Scotland

2018 ◽  
Vol 20 (2) ◽  
pp. 69-73 ◽  
Author(s):  
Ben Christman
Keyword(s):  
Environmental Justice ◽  
Legal System ◽  
National Party ◽  
Scottish National Party ◽  
Structural Problems ◽  
Aarhus Convention ◽  
The Creation ◽  
Scottish Government

This comment discusses the implementation of a 2011 manifesto commitment by the Scottish National Party to publish an options paper on the creation of an environmental court in Scotland. It critiques the resulting 2016 ‘Developments in environmental justice in Scotland’ consultation and subsequent 2017 ‘analysis and response’ – which decided against creating an environmental court. In particular, it examines the consultation with regard to the access to environmental justice requirements of the Aarhus Convention. Despite repeated findings by the Aarhus Convention Compliance Committee and the Meeting of the Parties that the Scottish legal system is non-compliant with Articles 9(4) and 9(5), the consultation documents mention Scotland’s ‘ongoing compliance’ and dismiss the Compliance Committee as a non-judicial body. The comment argues that the Scottish Government failed to fulfil its manifesto commitment and gave little recognition to the structural problems in accessing environmental justice in Scotland.

Scottish government launches fresh independence push

2019 ◽  
Keyword(s):  
Intent To Stay ◽  
National Party ◽  
Single Issue ◽  
Content Type ◽  
Migrant Communities ◽  
Scottish National Party ◽  
Scottish Parliament ◽  
Scottish Government ◽  
Scottish Independence ◽  
European Family

Subject Scottish independence drive. Significance Scotland’s First Minister Nicola Sturgeon launched a fresh independence drive on April 28. Speaking at the spring conference of her Scottish National Party (SNP) in Edinburgh, she said it was “Scotland’s intent to stay part of the European family of nations”. The conference saw delegates back plans for an independent Scottish currency, the declaration of a climate emergency and the establishment of a non-party Citizens’ Assembly to generate debate about Scotland’s future. Impacts The SNP’s anti-Brexit stance and efforts to help EU citizens will bolster migrant communities’ support for both the party and independence. A major non-party, grassroots march in Glasgow on May 4 kicked off a new programme of demonstrations to raise independence support. The 20-year anniversary of the opening of the Scottish Parliament in July will drive further debate and reflection on Scotland’s future. Unionist parties will focus increasingly on the single issue of rejecting independence to galvanise their support.

The SNP and ‘Five Continuing Unions’

2020 ◽  
pp. 148-167
Author(s):  
David Torrance
Keyword(s):  
European Union ◽  
British Empire ◽  
Monetary Union ◽  
National Party ◽  
The European Union ◽  
National Authority ◽  
Scottish National Party ◽  
Head Of State ◽  
Scottish Government ◽  
The Uk

This chapter flips the book’s analysis and looks at the ‘unionism’ of the Scottish National Party, which after 1942 supported the secession of Scotland from the UK. A speech made by Alex Salmond in 2013 is used as a means of examining different strands of the party’s unionism following its formation in 1934. First was the SNP’s attachment to some form of supra-national authority, initially the British Empire and later the European Union; second was defence co-operation via NATO; third was a form of monetary union as advocated by the Scottish Government during the 2012-14 referendum campaign; fourth was a long-standing SNP commitment to the 1603 Union of the Crowns, or retention of the Queen as head of state in an independent Scotland; and fifth was what Alex Salmond called a ‘social union’ between the ‘peoples of these islands’.

The Environment and the Law — Does Our Legal System Deliver Access to Justice? A Review

2005 ◽  
Vol 6 (4) ◽  
pp. 240-265
Author(s):  
Carol Hatton ◽  
Pamela Castle ◽  
Martyn Day
Keyword(s):  
Environmental Justice ◽  
Criminal Law ◽  
Legal System ◽  
Access To Justice ◽  
Aarhus Convention ◽  
The Law

The Environmental Justice Project has sought to clarify the extent to which the UK's civil and criminal law systems achieve review procedures which are real and affordable and thus satisfy the requirements of the Aarhus Convention. This article describes the findings of the project together with its conclusions and recommendations.

scholarly journals Commonwealth Games and Their Impact on Scotland’s Future in or outside the United Kingdom

2013 ◽  
Vol 15 (1) ◽  
pp. 75-85 ◽  
Author(s):  
Katarzyna Ochman
Keyword(s):  
United Kingdom ◽  
Olympic Games ◽  
National Party ◽  
Scottish National Party ◽  
The United Kingdom ◽  
Scottish Government ◽  
Sport Events ◽  
Commonwealth Games

It is more than probable that the Commonwealth Games in 2014 will be used by the Scottish government as a tool in the battle for independence. For the Scottish National Party (SNP), sport events constitute another opportunity to underline Scottish autonomy. During the last Olympic Games, SNP ministers refused to use the name “Team GB” in their message to the Scottish athletes. Nurturing Scottish pride during the Games has already begun, with the official mascot—the Clyde Thistle, which is Scotland’s national flower and emblem. The mascot of the Commonwealth Games has never waved the patriotic flag as it does now.

Devolution and Entrenched Household Poverty: Is Scotland Less Mobile?

2009 ◽  
Vol 8 (3) ◽  
pp. 367-377 ◽  
Author(s):  
Carlo Morelli ◽  
Paul Seaman
Keyword(s):  
United Kingdom ◽  
The Other ◽  
National Party ◽  
Total Income ◽  
Scottish National Party ◽  
The United Kingdom ◽  
Household Poverty ◽  
Scottish Government ◽  
The Uk

The Scottish National Party led Scottish Government has identified household poverty as a key focus for its anti-poverty strategy. The government's ‘Solidarity Target’ seeks to both increase wealth and increase the share of total income gained by the bottom three deciles. The ability to demonstrate the advantages of policy divergence within Scotland, relative to the other parts of the United Kingdom, is central to the government's aim of gaining support for increased powers for the devolved government. This paper seeks to provide evidence on one aspect of the government's anti-poverty strategy: the degree to which Scotland differs from the rest of the UK over levels of entrenched poverty. The paper demonstrates that not only does Scotland have greater entrenched poverty but that the changes in mobility since the 1990s have impacted on Scotland to a lesser degree than the rest of the UK.

(Dis)solving the Chronological Paradox in Customary International Law: A Hartian Approach

2008 ◽  
Vol 21 (1) ◽  
pp. 129-148 ◽  
Author(s):  
David Lefkowitz
Keyword(s):  
International Law ◽  
Legal System ◽  
Resolution Function ◽  
Customary International Law ◽  
International Legal System ◽  
The Creation ◽  
The Law ◽  
Normative Standard

As traditionally conceived, the creation of a new rule of customary international law requires that states believe the law to already require the conduct specified in the rule. Distinguishing the process whereby a customary rule comes to exist from the process whereby that customary rule becomes law dissolves this chronological paradox. Creation of a customary rule requires only that states come to believe that there exists a normative standard to which they ought to adhere, not that this standard is law. What makes the customary rule law is adherence by officials in the international legal system to a rule of recognition that treats custom as a source of valid law. Confusion over this distinction arises because in the international legal system the same agents whose beliefs give rise to a customary rule are the legal officials whose adherence to the rule of recognition leads them to deem that rule legally valid. The proposed solution to the chronological paradox employs H.L.A. Hart’s analysis of the concepts of law and a legal system, and in particular, the idea of a rule of recognition. Yet Hart famously denies the existence of a rule of recognition for international law. Hart’s denial rests on a failure to distinguish between the ontological and authoritative resolution functions of a rule of recognition, however. Once such a distinction is drawn, it can be argued that customary international law rests on a rule of recognition that serves the ontological function of making customary norms legal, though not the authoritative resolution function of settling disputes over the alleged legality of particular norms.

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