scholarly journals POLÍTICAS PÚBLICAS AMBIENTAIS: justiça global e política local

2020 ◽  
Vol 24 (1) ◽  
pp. 156
Author(s):  
Maria Paula da Rosa Ferreira ◽  
Rosane Beatris Mariano da Rocha Barcellos Terra ◽  
Guilherme Streit Carraro

Diante da magnitude dos desafios ambientais na sociedade moderna, depara-se com a imprescindibilidade de políticas públicas para o desenvolvimento ambiental, na perspectiva da justiça global e políticas locais, de modo que possa ser efetivado uma expansão e/ou alteração das percepções globais no que se refere às organizações sociais. Perante a mudança paradigmática mecanicista para ecológica, é mister a abertura a uma visão sistêmica, de forma que seja percebido o mundo como um todo integrado. Neste sentido, este artigo abordou a respeito das políticas públicas para o desenvolvimento ambiental, por meio de uma análise a partir do princípio da solidariedade intergeracional como uma questão de justiça social. Tratou, quanto à problemática ambiental de uma forma contextual de modo que possam ser avaliadas as relações e interações entre homem-natureza bem como a efetividade do Direito ambiental e a eficácia das políticas públicas nesta seara. Aplicou o método de abordagem dedutivo, método de procedimento monográfico e teoria de base com fundamento em Rawls. Conclui ser Imprescindível, portanto, a efetivação de políticas públicas atentas à nova visão ecológica emergente na sociedade moderna, de forma que demonstre que a responsabilidade intergeracional trata-se de um critério para o alcance da justiça social.Palavras-chave: Desenvolvimento ambiental. Justiça global. Política local. Políticas públicas.ENVIRONMENTAL PUBLIC POLICIES: global justice and local policyAbstractFaced the magnitude of environmental challenges in modern society, comes across the necessity of public polices for environmental development, from the perspective of global justice and local politics, so that could be made effectived an expansion and/or a change in overall perceptions about social organizations. Before the paradigmatic mechanic change for ecological, it is necessary to open to a systemic view, so that could be perceived the world as an integrated whole. In this sense, this article approached about the public policies for environmental development, by means of an analysis from the principle of intergenerational solidarity as a matter of social justice. Environmental issues were dealt with in a contextual way so that would be evaluated the relationship and interactions between man and nature as well as the effectiveness of environmental Law and the effectiveness of public policies in this area. Was applied the deductive method approach, the method monographic procedure and base theory based on Rawls. Essential, therefore, the implementation of public policiesattentive to the emerging new ecological vision in modern society, in order to demonstrate that intergenerational responsibility is a criterion for achieving social justice.Keywords: Environmental development. Global justice. Local policy. Public policies.

2014 ◽  
Vol 17 (2) ◽  
pp. 455
Author(s):  
Robson Ivan Stival ◽  
Belmiro Valverde Jobim Castor ◽  
Valdir Fernandes Fernandes

Este artigo situa-se no campo interdisciplinar e trata do instituto jurídico da responsabilidade solidária a partir das perspectivas do Direito Ambiental e das Políticas Públicas. Tem por objetivo destacar a importância da solidariedade, pelo viés jurídico, para as Políticas Públicas ambientais.A pesquisa é teórica, descritiva e exploratória, com análise de dados bibliográficos pelo método dedutivo. São estabelecidas relações entre as Políticas Públicas, os novos paradigmas apartir da questão ambiental e a responsabilidade solidária.Palavras-chave: Direito Ambiental; Políticas Públicas; Responsabilidade solidária.JOINT LIABILITY: an important tool for environmental public policiesAbstract: This article lies in interdisciplinary field and deals with the law institute of the liability from the perspectives of environmental law and public policies. Aims to highlight the importance of solidarity, by legal bias, for public environmental policies. The research is exploratory and descriptive, theoretical, with bibliographic data analysis by the deductive method. Relationships are established between public policies, new paradigms from the environmental issue and the joint and several liability.Keywords: Environmental Law, Public policies, Joint liability.


2018 ◽  
Vol 51 (5) ◽  
pp. 749-769 ◽  
Author(s):  
Ank Michels ◽  
Harmen Binnema

Although deliberative reforms have been proposed to strengthen democracy, little is known about their impact on politics, public policies, and society. This article develops a framework to systematically assess this impact, differentiating between direct and indirect forms of impact. We apply this framework to two cases of deliberative citizens’ summits in the Netherlands. Our analysis reveals that these summits have a limited direct impact on local politics and policy making, but a relatively strong indirect impact on the local community. The article also discusses some conditions that mediate the impact of the forum.


2005 ◽  
Vol 18 (4) ◽  
pp. 679-684
Author(s):  
ROLAND PIERIK ◽  
WOUTER WERNER

Along with the exploding attention to globalization, issues of global justice have become central elements in political philosophy. After decades in which debates were dominated by a state-centric paradigm, current debates in political philosophy also address issues of global inequality, global poverty, and the moral foundations of international law. As recent events have demonstrated, these issues also play an important role in the practice of international law. In fields such as peace and security, economic integration, environmental law, and human rights, international lawyers are constantly confronted with questions of global justice and international legitimacy. This special issue contains four papers which address an important element of this emerging debate on cosmopolitan global justice, with much relevance for international law: the principle of sovereign equality, global economic inequality, and environmental law.


elni Review ◽  
2017 ◽  
pp. 17-24
Author(s):  
Thomas Ormond

In recent years it has become fashionable again among politicians and publicists across Europe to practice ‘Brussels bashing’ and make the EU responsible for many ills of globalisation and modern society. This applies in particular to the field of environmental law. The European Union has been active in the field of environmental protection since the 1970s, i.e. since a time when there was no Union yet but a European Economic Community (EEC), a European Coal and Steel Community and a European Atomic Energy Community (Euratom). The EEC Treaty of 1957 did not know the term ‘environmental protection’ and for the next decades did not contain any explicit legislative competence for this subject matter. The main instrument of EU environmental policy is the directive. In the European context it means a framework law, as proposed by the EU Commission and adopted by the Council and the European Parliament, which the Member States have to transpose within certain deadlines into their national law, and specify and implement by their authorities into practice. The directive is binding as regards the objective (the result to be achieved) but leaves the choice of form and methods to the national authorities. It is estimated that 80% of current environmental law in Germany (as well as probably in other Member States) is determined by the European Union. The author of this article presents his thoughts on how the EU shapes Member State environmental law and policy, highlighting inter alia “innovation from Brussels” such as EIA, access to environmental information and climate protection, as well as the systematic and risk-based approach as hallmark of EU legislation.


2012 ◽  
Vol 50 (3) ◽  
pp. 397-420 ◽  
Author(s):  
Daniel E. Esser

ABSTRACTPolitical realities in the capital cities of impoverished countries emerging from violent conflict illustrate how local actors can be hindered in conducting political affairs independently from the interests and influence of national governments as well as international agencies. This experience problematises the argument that the main cause of political impasse in African cities governed by opposition parties is incomplete decentralisation, whereby a devolution of responsibilities is not matched by a downward reallocation of resources. Although resulting competition constrains local governments' opportunities to deliver basic services, we need to look beyond the national scale to uncover the drivers of institutional change and gauge the promise of donor-driven local political empowerment. Urban politics in Africa continues to be shaped by global aid discourses, which are translated into local policy frameworks through interest convergence between international and national actors. The case of Freetown, Sierra Leone provides an illustration of such macro-level alignment and resulting local frictions. At the same time, it also demonstrates how local politics have challenged the technocratic, apolitical reinvention of urban governance in the global South perpetuated by the international aid industry.


2006 ◽  
Vol 3 (3) ◽  
pp. 204-212 ◽  
Author(s):  
Frédéric Bourgoin

AbstractIn France the absence of a comprehensive soil protection system was in part compensated by public policies issued by the Ministry for Environment and environmental authorities. The effect of these policies was to establish pollution prevention and monitoring criteria as well as public registers for (potentially) polluted industrial sites. The industrial regime (Installations Classées pour la Protection de l'Environment, 'ICPE') has been a key instrument in the development of soil protection, not only in the context of prevention but also in terms of liability for soil contamination which, in the absence of specific legislation, has relied on other liability regimes. The last fifteen years has also seen a rash of often contradictory case law, in particular concerning the definitions of liable persons and remediation levels. However, these definitions, in particular concerning liable persons, appear to have been settled by recent case law.


2019 ◽  
Vol 3 (2) ◽  
pp. 245-256 ◽  
Author(s):  
M. A. Maslin

Abstract Understanding anthropogenic climate change is essential for anyone working in the life sciences. Firstly because climate change has already started to impact the Earth biosphere and human health and these changes need to be documented and acknowledged. Secondly, many of the solutions to climate change, both mitigation and adaptation, will be through the life sciences, everything from massive reforestation and sustainable agriculture to preventing the spread of disease and protecting individual human health. Anthropogenic climate change is, therefore, one of the defining challenges of the 21st century, along with poverty alleviation, environmental degradation and global security. Climate change is no longer just a scientific concern but encompasses economics, sociology, geopolitics, national and local politics, law and health to name a few. Hence, to understand climate change fully then not only does one have to review the science but also the politics and geopolitics, which have created the issue and can provide the solutions. Climate change ultimately makes us examine the whole basis of modern society and ultimately asks questions about humanity's relationship with the rest of the planet.


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