The global environment and the public interest

Environmental and Planning Law Journal

Volumn 13, Issue 4, 1996, Pages 269-287

  Anton, Donald K ^a  

^a UNIVERSITY OF MELBOURNE   (Australia)

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EID: 84871553065     PISSN: 0813300X     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (196)

1. Hon Tom McMillan, 1986. Mr McMillan, then Canada's Minister of Environment, made this intervention in May 1986 at a UN World Commission on Environment and Development (WCED) public hearing in Ottawa. Reprinted in part in WCED, Our Common Future (Aust ed, 1990), p 307.
2. See above, Section 2(a), for a discussion of the implications of the term "international community".
3. See, eg, United Nations Framework Convention on Climate Change, Preamble, UN Doc A/AC 237/18 (Part II)/Add 1, Annex I, reprinted in (1992) 31 Int'l L Materials 849; (1992)
4. Yb Int'l Env L 684
5. Convention on Biological Diversity, Preamble, reprinted in (1992) 31 Int'l L Materials 818; (1992)
6. Yb Int'l Env L 664; 1995 Draft Covenant on Environment and Development, Art 3 (IUCN/WCU Commission on Environmental Law, with Int'l Council of Env L)
7. 1991 Beijing Ministerial Declaration on Environment and Development, UN Doc A/CONF 151 /PC/85, Annex (13 Aug 1991), reprinted in (1991) 2 Yb Int'l Env L disk doc 5
8. Professor Schacter notes the same phenomena of agreement in the abstract and disagreement over the specifics of policy implementation in connection with other goals of the international community such as peace, security, national independence, economic well-being, self-determination and human dignity. O Schachter, International Law in Theory and Practice (1991), p 27.
9. For an excellent analysis and critique of the entire UNCED process see P Chatterjee and M Finger, The Earth Brokers: Power, and World Development (1994).
10. See also Symposium, "UN Conference on Environment and Development" (1992) 1 Rev Eur Comm & Int'l Env L 237-369
11. D Robinson, "Contaminated land at the Newcastle lead smelter and the role of community groups in integrated contaminated land management" in G C Rowe and S Seidler (eds), Contaminated Sites in Australia (Allen & Unwin, Sydney, 1993), pp 87-92.
12. L Henkin, International Law: Politics and Values (1995), pp 93-94.
13. See also A Najam, "An Environmental Negotiation Strategy for the South" (1995) 7 Int'l Env Aff 249,249-59
14. A Agarwal, "The North-South Environment Debate: Off to the Next Round" (1992) Down to Earth (15 July) 33-36.
15. United Nations Framework Convention on Climate Change, UN Doc A/AC 237/18 (Part II)/Add 1, Annex I, reprinted in (1992) 31 Int'l L Materials 849
16. For a background account of the negotiations, see I M Mintzer and J A Leonard, Negotiating Climate Change: The Inside Story of the Rio Convention (1994).
17. The 1990 report of the Intergovernmental Panel on Climate Change, relied on by the Climate Change Convention negotiators, concluded that carbon-dioxide emissions probably needed to be reduced by 60 per cent in order to merely stabilise then current levels in the atmosphere. See Intergovernmental Panel on Climate Change, Policy Makers Summary of the Scientific Assessment of Climate Change: Report Preparedfor IPCC by Working Groups I and II (June, 1990).
18. The US is responsible for the production of 23 per cent of the world's carbon-dioxide emissions-the most prevalent and significant greenhouse gas.
19. See P Sands, "The United Nations Framework Convention on Climate Change" (1991) 1 Rev Eur Comm & Int'l Env L 270,271
20. D Bodansky, "Managing Climate Change" (1992)
21. Yb Int'l Env L 60, 65.
22. Money, "US Position Remains Barrier for Accord on Climate Change Issues" (25 Sept 1991) 14 Int'l Envt'I Rep (BNA) 502.
23. See D Bodansky, "Managing Climate Change" (1992) 3 Yb Int'l Env L 60,65.
24. In addition to the whaling example provided in the text other examples of disagreements over regime specific arrangements include, climate change (see, eg, R Gelbspan, "The Heat is On" (Dec 1995) 291 Harper's Magazine 31 (No 1747)
25. P Kinrade, "After Berlin" (June 1995) 23 Habitat Australia
26. (both articles outline disagreements encountered at the first meeting of the Conference of Parties for the Climate Change Convention in 1995 in Berlin, similar to those wrestled with by the PrepCom for UNCED); deforestation (see, eg, H M Schally, "Forests: Toward an International Legal Regime?" (1993) 4 Yb Int'l Env L 30
27. Symposium, "Forests" (1995) 4 Rev Eur Comm & Int'l Env L 225-73) (examining, among other things, differences impeding the negotion of a global forest convention); and, hazardous substances (see, eg, Greenpeace, Toxic Trade Update5, no2(1992)and Toxic Trade Update 6 nos 1-3 (1993) (discussing the dispute surrounding the proposal by the Executive Director of UNEP, Mostafa Tolba, to completely prohibit the export of hazardous wastes from OECD to non-OECD under the 1989 Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, UN Doc UNEP/IG 80-3, reprinted in (1989) 28 Int'l Leg Materials 649).
28. See D Caron, "The International Whaling Commission and the North Atlantic Marine Mammal Commission: The Institutional Risks of Coercion in Consensual Structures" (1995) 89 Am J Int'l L 154
29. S Andresen, "Science and Politics in the International Management of Whales" (1989) 13 Marine Policy 99. Unsurprisingly, six developing states that receive aid from Japan abstained from the decision.
30. See P Brown, "Sanctuary Dooms Japanese Whaling", The Guardian Weekly, week ending 5 June 1994, p 1, col 1 (vol 150, no 23)
31. "Whale Sanctuary Threatens Japan's Industry", Int'l Herald Trib, 28-29 May 1994, p 2, col 1.
32. But see, D Helvarg, "Under Attack" (Oct 17,1994) In These Times 15
33. M Knox, "Meet the Anti-Greens" (Oct 1991) 55 The Progressive 2 \ (No 10)
34. J Franklin, "First They Kill Your Dog; Rise in Assaults Against Environmentalists" (Fall 1992) Muckracker: Center for Investigative Journalism 1
35. C Berlet, "Hunting the Green Menace" (July/Aug 1991) The Humanist
36. See also B Burton, "Bombs and Bloody Noses: Dirty Tricks and Violent Harassment", paper presented at the 1995 Defending the Environment Conference, 21 May 1995, Adelaide (copy on file with the author).
37. Of course, agreement on the normative specifics of action necessary to address international environmental problems is only one difficulty presented by planetary preservation. Even when states can agree on binding rules to protect the environment, the problems of state responsibility and enforcement present themselves sometimes as even greater problems. See generally, F Francioni & T Scovazzi (eds), International Responsibility for Environmental Harm (1991).
38. See H A McDougall, "Social Movements, Law and Implementation" (1989) 75 Cornell L Rev 83.
39. A similar line of analysis has been set out by Abdullahi Anna'im in connection with universal human rights. See A Anna'im, "What Do We Mean By Universal?" (1994) 23 Index on Censorship 120 (Sept/Oct).
40. See P Sands, "Environment, Community and International Law" (1989) 30 Harv Int'l LJ 393,394.
41. See M Koskenniemi, "Breach ofTreaty or Non-Compliance? Reflections on the Enforcement of the Montreal Protocol" (1992) 3 Yb Int'l Env L 123,126-27.
42. Report of the United Nations Conference on the Human Environment, UN Doc A/CONF 48/14/Rev 1, p 5.
43. D Robinson, "Contaminated land at the Newcastle lead smelter and the role of community groups in integrated contaminated land management" in G C Rowe and S Seidler (eds), Contaminated Sites in Australia (Allen & Unwin, Sydney, 1993), pp 87-92.
44. Joseph Ouma, Dean, School of Environmental Studies, Moi University. 1986 Intervention at a WCED public hearing in Nairobi, reprinted in part in WCED, Our Common Future (Aust ed, 1990), p 307.
45. See below, nn 77-91 and accompanying text for a discussion of "New Stream" critiques of the essentially liberal concept of "public interest" in the integration of representative government with the calculus of utilitarianism.
46. See J Bentham, in J Burns & H L A Hart (eds), An Introduction to Principles of Morals and Legislation (1970), P 3.
47. See L Henkin, "International Law: Politics, Values, Functions" (1989-IV) 216 Receuil des Cours 9,21-44.
48. H Kelsen, Principles of International Law (2nd ed, 1952), p 3.
49. See, eg, C Parry, "The Function of Law in the International Community", in M Sørensen (ed), Manual of Public International Law (1968), pp 1,14-26
50. B Broms, States, in International Law: Achievements and Prospects, M Bedjaoui (ed) (1992), pp 41-45.
51. If there is one thing that has been learned in the past century, it is that we all share a common global environmental destiny: "The Earth is one [even though] the world is not", WCED, Our Common Future (Aust ed, 1990), p 71.
52. On the asserted antagonistic competitiveness between cultures that, since the end of the Cold War, may be once again manifest, see S P Huntington, "The Clash of Civilizations?", Foreign Affairs (Summer 1993) 22.
53. H J Morgenthau, Politics Among Nations: The Struggle for Power and Peace (3rd ed, 1961), p 511.
54. K Goldman, The Logic of Internationalism: Coercion and Accommodation (1994), p 20.
55. See R Falk, Explorations at the Edge of Time: The Prospects for World Order (1992), pp 153-54.
56. See, eg, Manner, "The Object Theory of the Individual in International Law" (1952) 46 Am J Int'l L 428.
57. Henkin, International Law: Politics and Values (1995) (emphasis in original, footnotes omitted), p 17.
58. Benedict Anderson writes that "all communities larger than primordial villages of face-to-face contact (and perhaps even these) are imagined". B Anderson, Imagined Communities: Reflections on the Origin and Spread of Nationalities (1983), p 15.
59. See C Grossman and D D Bradlow, "Are We Being Propelled Towards a People-Centered Transnational Legal Order?" (1993) 9 Am UJ Int'l L&Pol'y 1, 14-16.
60. See Commission on Global Governance (CGG), Our Global Neighbourhood (1995), pp 32-37. The CGG estimates that the number of NGOs worldwide increased from 176 in 1907 to nearly 29,000 by 1993. p 32. Significantly, more than 1,400 NGOs were accredited to UNCED, and tens of thousands more participated in the parallel Global Forum. In all, there were over 30,000 participants from 176 states, including 103 heads of state or government in attendance.
61. P H Sand, "UNCED and the Development of International Environmental Law" (1992) 3 Yb Int'l Env L 3. A year later at the World Conference on Human Rights in Vienna, more than 1,500 NGOs were represented.
62. P H Sand, "UNCED and the Development of International Environmental Law" (1992) 3 Yb Int'l Env L 3. A year later at the World Conference on Human Rights in Vienna, more than 1,500 NGOs were represented.
63. See T Princen and M Finger (with contributions by J P Manno and M L Clark), "Environmental NGOs in World Politics: Linking the Local and the Global" (1994)
64. Symposium, "The Green Movement Worldwide" (1992, Supp 2) 14 Research in Social Movements, Conflicts and Change 1-246.
65. T Princen, M Finger and J Manno, "Nongovernmental Organizations in World Environmental Politics" (1995) 7 Int'l Env Aff 42,47.
66. See D Anton, Knowledge and Information as Power in the International Defence of the Environment: The Environmental Law Alliance Worldwide (E-LAW), in Defending the Environment: Public Interest Environmental Law Conference Papers (Australian Centre for Environmental Law, 1994).
67. O R Young, G J Demko and K Ramakrishna, Global Environmental Change and International Governance (1991) (summary pamphlet of recommendations of June 1991 Conference held at Dartmouth College, Hanover, NH, USA-copy on file with author), p 13.
68. D Kennedy, A "New World Order: Yesterday, Today, and Tomorrow" (1994) 4 Tran'l L & Contemp Probs 329,332.
69. D Kennedy, A "New World Order: Yesterday, Today, and Tomorrow" (1994) 4 Tran'l L & Contemp Probs 329,332.
70. The title for this section is derived from Christopher Stone's "The Global Warming Crisis, if there is One, and the Law" (1990) 5 Am UJ Int'l L & Pol'y 497.
71. E Bodenheimer, "Prolegomena to a Theory of the Public Interest", in C J Friedrich (ed), NOMOS V: The Public Interest (1962), p 205.
72. Indeed, to some all the concept "public interest" represents is a rationalisation and justification for policy-caused pain. See S K Bailey, "The Public Interest: Some Operational Dilemmas", in C J Friedrich (ed), NOMOS V: The Public Interest (1962), pp 96, 97.
73. See, eg, R E Flathman, The Public Interest: An Essay Concerning the Normative Discourse of Politics (1966), p 5, n 2.
74. E S Griffith, "The Ethical Foundations of the Public Interest", in C J Friedrich (ed), NOMOS V: The Public Interest (1966), pp 14-15. (citation to Kennan not given in original).
75. See above, Section 2(a) for a discussion of the changing nature of international society.
76. See, eg, A-M Slaughter, "International Law in a World of Liberal States" (1995) 6 European Journal of International Law 503, 508.
77. R Mullerson, International Law, Rights and Politics: Developments in Eastern Europe and the CIS (1994), p 8.
78. R Mullerson, International Law, Rights and Politics: Developments in Eastern Europe and the CIS (1994), p 8.
79. Of course, a degraded and unhealthy environment undoubtedly has adverse effects on individuals and their welfare and raises human rights implications. A treatment of the nascent right to an environment of healthy quality, however, is beyond the scope of this article. See generally, the preliminary and final reports of the Sub-Commission on Prevention of Discrimination and Protection of Minorities on Human Rights and the Environment, prepared by Special Rapporteur, Mrs Fatma Ksentini, UN Doc E/CN4/Sub2/ 1991/8 (2 Aug 1991) and UN Doc E/CN4/Sub2/1994/9 (6 July 1994).
80. See, eg, "Ecological Security in an Interdependent World", in R A Falk, R C Johansen & S S Kim (eds), The Constitutional Foundations of World Peace (1993), p 101, (updated and expanded from "Ecological Security and the Need to Reconceptualize Sovereignty" (1989) 24 Alternatives 349)
81. S V Vinogradov, "International Environmental Security: The Concept and its Implementation", in A Carty & G Danilenko (eds), Perestroika and International Law: Current Anglo-Soviet Approaches to International Law (1990), p 196
82. J T Matthews, "Redefining Security" (1989) 68 For Aff 163
83. I Mintzer, "Broadening the Global Security Debate: Regional and Global Dialogues on Environmental Issues" (1989) 39 Proc Pugwash Conf on Sci & World Aff420. For diplomatic views
84. E Shevardnadze, "Ecology and Politics" (Nov 1990) Int'l Aff (Moscow) 3.
85. R E Flathman, The Public Interest: An Essay Concerning the Normative Discourse of Politics (1966), p 82.
86. W Friedman, "The Changing Content of Public Interest", in C J Friedrich (ed), NOMOS V: The Public Interest (1962) (emphasis added), pp 80, 85, citing W Friedman, Law in a Changing Society (1959), p 301 et seq. See below nn 77-91 and accompanying text for "New Stream" critiques of Friedman's view of public interest as coherent even within municipal society.
87. W Friedman, "The Changing Content of Public Interest", in C J Friedrich (ed), NOMOS V: The Public Interest (1962) (emphasis added), pp 80, 85, citing W Friedman, Law in a Changing Society (1959), p 301 et seq. See below nn 77-91 and accompanying text for "New Stream" critiques of Friedman's view of public interest as coherent even within municipal society.
88. W Friedman, "The Changing Content of Public Interest", in C J Friedrich (ed), NOMOS V: The Public Interest (1962) (emphasis added), pp 80, 85, citing W Friedman, Law in a Changing Society (1959), p 301 et seq. See below nn 77-91 and accompanying text for "New Stream" critiques of Friedman's view of public interest as coherent even within municipal society.
89. See J D Montgomery, "The Public Interest in the Ideologies of National Development", in C J Friederich (ed), NOMOS V: The Public Interest (1962), p 218.
90. J Bentham, "An Introduction to Principles of Morals and Legislation" (J Bums & H L A Hart (eds), 1970) (original 1788), p 3.
91. See R E Flathman, The Public Interest: An Essay Concerning the Normative Discourse of Politics (1966), p 15.
92. Of course, "New Stream" scholars and other critics of liberalism would buy none of this argument. This utilitarian calculus would be seen as vacuous, self-contradictory and anachronistic. See N Purvis, "Critical Legal Studies in Public International Law" (1991) 32 Harvard International Law Journal 113. See also below nn 77-91 and accompanying text.
93. See most recently the reaffirmation of the universal nature of human rights in the Vienna Declaration and Programme of Action, Sec I, para 5, adopted by states at the 1993 Second World Conference on Human Rights, UN Doc A/CONF 157/ 23, reprinted in (1993)32 Int'l Legal Materials 1661
94. (1993) 14 Hum Rt LJ 352.
95. See M R Anderson, "Public Interest Perspectives on the Bhopal Case: Tort, Crime or Violation of Human Rights?", in D Robinson & J Dunkley (eds), Public Interest Perspectives in Environmental Law (1995), p 154.
96. R E Flathman, The Public Interest: An Essay Concerning the Normative Discourse of Politics (1966), pp 40-42.
97. R E Flathman, The Public Interest: An Essay Concerning the Normative Discourse of Politics (1966), pp 40-42.
98. P Allott, "Mare Nostrum: A New International Law of the Sea" (1992) 86 Am J Int'I L 764, 775.
99. P Allott, "Mare Nostrum: A New International Law of the Sea" (1992) 86 Am J Int'I L 764, 775.
100. "New Stream" thinkers and other critics would argue that liberal societies suffer from the same problems as Rawls' hierarchical societies because a liberal society supports hidden forms of domination and oppression of historically disadvantaged groups in the guise of legitimate representation. See below nn 77-91 and accompanying text.
101. J Rawls, "The Law of Peoples" (1993) 20 Critical Inquiry 36, 58. In "The Law of Peoples", Rawls attempts to extend his influential theory of justice to "a political conception of right and justice that applies to the principles and norms of international law and practice".
102. J Rawls, "The Law of Peoples" (1993) 20 Critical Inquiry 36, 58. In "The Law of Peoples", Rawls attempts to extend his influential theory of justice to "a political conception of right and justice that applies to the principles and norms of international law and practice".
103. F. Tesón, "Some Observations on John Rawls's The Law of Peoples" (1994) 88 Proc Am Soc'y Int'l L 18. For Hoffman and Tesón, Rawls is not liberal enough.
104. Allot, "Mare Nostrum: A New International Law of the Sea" (1992) 86 Am J Int'l L 764 at 111.
105. See A Gare, Postmodernism and the Environmental Crisis (1995), pp 139-63.
106. See T Franck, "The Emerging Right to Democratic Governance" (1992) 86 Am J Int'l L 46.
107. E Root, "The Effect of Democracy on International Law" (1917) International Conciliation 5, 8.
108. A term coined by Mari Matsuda in "Public Response to Racist Speech: Considering The Victim's Story" (1989) 87 Mich L Rev 2320, 2323. Richard Delgado and Jean Stefancic use the term to refer to three relatively recent forms of legal theorising: (1) Feminist jurisprudence; (2) Critical Legal Studies (els); and (3) Critical Race Theory (crs).
109. R Delgado and J Stefancic, "Outsider Jurisprudence and the Electronic Revolution: Will Technology Help or Hinder the Cause of Law" (1991) 52 Ohio St LJ 847. For a fuller explanation
110. see R Delgado, "On Telling Stories in School: A Reply to Farber and Sherry" (1993) 46 Vand L Rev 665, 668-73. Of course, any summary description of these theoretical critiques, like the one offered here, can be no more than a greatly oversimplified representation.
111. Of course, the exposure of non-neutrality can be found in the earlier writings of the Legal Realists' critique of legal formalism and what Jerome Frank called "illusive factors" and "rule scepticism".
112. Dewey, "Logical Method and the Law" (1924) 10 Cornell LQ 17
113. See, eg, P Williams, The Alchemy of Race and Rights: Diary of a Law Professor (1991), pp 12-13.
114. See, eg, S Okin, Justice, Gender and the Family (1989), pp 26-27,38,114-15,132
115. H. Charlesworth, "What are 'Women's International Human Rights'"?, in R Cook (ed), Human Rights of Women: National and International Perspectives (1995), pp 68-74
116. M Thomton, "The Cartography of Public and Private", in M Thornton (ed), Public and Private: Feminist Legal Debates (1995), ch 1
117. J Mertus, "State Discriminatory Family Law and Customary Abuses", in J Peters & A Wolper (eds), Women s Rights-Human Rights: International Feminist Perspectives (1995), ch 16
118. K Klare, "The Public/Private Distinction in Labor Law" (1982) 130 U Penn L Rev 1358-61.
119. See, eg, P Williams, "Alchemical Notes: Reconstructing Ideals from Deconstructed Rights" (1987) Harv CR-CL L Rev 401
120. R Delgado, "Legal Storytelling: Storytelling for Oppositionists and Others: A Plea for Narrative" (1989) 87 Mich L Rev 2411
121. T Ross, "The Richmond Narratives" (1989) 68 Tex L Rev 381
122. M Russell, "Race and The Dominant Gaze: Narratives of Law and Inequality in Popular Film" (1991) 15 Legal Studies Forum 243.
123. Developed by Derrick Bell, interest-convergence is used to demonstrate that white elites will encourage or tolerate advances for racial minorities only when they also promote white self-interest. See, D Bell, "The Civil Rights Chronicles: The Chronicle of the DeVine Gift" (1985) 99 Harv L Rev 4. At an international level, Mary Dudziak has shown how interest convergence led to desegregation in the United States because of the Cold War.
124. M L Dudziak, "Desegregation as a Cold War Imperative" (1988) 41 Stan L Rev 61.
125. For an excellent collection of the now more than 300 leading law review articles and more than a dozen books covering Critical Race Theory (CRT), see the compilation that grew out of the fifth annual CRT workshop, held at Mills College, Oakland, California, in June 1993. R Delgado (ed), Critical Race Theory: The Cutting Edge (1995).
126. Based on the work of Continental social and political philosophers, including the deconstructionists, Critical Legal Studies (els) writings reject the view that legal doctrine can predetermine the outcome of the vast majority of cases. According to many els scholars, legal reasoning simply consists of the manipulation of abstract categories, with no particular manipulation or result of manipulation being demonstrably correct. See, eg, R Unger, The Critical Legal Studies Movement (1986), p 11
127. D Kairyes, The Politics of Law: A Progressive Critique (1982), p 17. For an insightful application of theories of els to international law, see M Koskenniemi, From Apology to Utopia: The Structure of International Legal Argument (1989).
128. Contradiction is used in els discourse to reject the idea that legal doctrine "contains a single, coherent, and justifiable view of human relations; rather els authors see doctrine as reflecting two or even more different and often competing views, no one of which is either coherent or pervasive enough to be called dominant". D Trubek, "Where The Action Is: Critical Legal Studies and Empiricism" (1984) 36 Stan L Rev 575, 578. By making this contradiction explicit, els scholars attempt to thwart the unrecognised ability of legal doctrine to serve the tacit purpose of maintaining privilege.
129. Critical Legal Studies adherents have argued that the law serves the interests of the powerful by the process of legitimation. Through legitimation, rights discourse and rule of law rhetoric encourage people to believe that the existing legal/social order is just (or at least better than any alternative), despite the apparent inequitable results the system compels. See, eg, Russell, "The Critical Legal Studies Challenge to Contemporary Mainstream Legal Philosophy" (1986) 18 Ottawa L Rev 1, 20-22.
130. The legitimating tendencies of the legal system are seen by els proponents as contributing to the erroneous belief that all are benefiting from the legal system-a false consciousness. A false consciousness in this sense is a failure to see the exploitative aspects of the legal system. See, eg, Heller, "Structuralism and Critique" (1984) Stan L Rev 127,132.
131. Douzinas, Warrington and McVeigh, eg, highlight the latest "'imperial' formulation" by Ronald Dworkin. C Douzinas, R Warrington and S McVeigh, Postmodern Jurisprudence: The Law of Text in the Text of Law (1991), p 27.
132. Douzinas, Warrington and McVeigh, eg, highlight the latest "'imperial' formulation" by Ronald Dworkin. C Douzinas, R Warrington and S McVeigh, Postmodern Jurisprudence: The Law of Text in the Text of Law (1991), p 27.
133. The apparent cordial relationship between critical international relation theorists and "New Stream" lawyers has also had an influence in the development of the new critical international legal theories. These overlapping concerns have been increasingly addressed by both political scientists and lawyers. See, eg, J George, Discourses of Global Politics: A Critical (Re)Introduction to International Relations (1994)
134. A-M Slaughter Burley, "International Law and International Relations Theory: A Dual Agenda" (1993), 87 Am J Int'l L 205.
135. KW Abbott, "Modem International Relations Theory: A Prospectus for International Lawyers" (1989) 14 Yale J Int'l L 335.
136. As Gerry Simpson observes, "[I]iberalism is the chosen target of many New Stream scholars (according to them it is vacuous, self-contradictory and anachronistic)". G Simpson, "Review Essay: Is International Law Fair?" (1996) 17 Mich J Int'l L (forthcoming).
137. Julio Barbosa, 1990, President of the Brazilian Council of Rubber Tappers, at the first public hearing in history to debate proposed forest clearing in the Amazon (Rio Blanco, Acre, 11 May 1990), quoted in Juan de Onis, The Green Cathedral: Sustainable Development of the Amazon (1992), p 203.
138. For a review of the flourishing environmental action in Brazil, see N B Worcman, "Brazil's Thriving Environmental Movement" (1990) 93 Technology Review 42 (No 7, October).
139. As amended by federal Law No 8.078/1990.
140. For details, see E Fernandes, "Collective Interests in Brazilian Environmental Law", in D Robinson & J Dunkley (eds), Public Interest Perspectives in Environmental Law (1995), p 118
141. E Fernandes, "Law, Politics and Environmental Protection in Brazil" (1992) 4 Journal of Environmental Law 41.
142. E Fernandes, "Law, Politics and Environmental Protection in Brazil" (1992) 4 Journal of Environmental Law 41.
143. Mr Barbosa himself, however, like many environmental activists, would likely see his action as being in the global public interest. For further illustrations, see P Ekins, A New World Order: Grassroots Movements for Global Change (1992), pp 139-165.
144. See, eg, N Myers, Gaia: An Atlas of Planet Management (1984).
145. For a case study dealing specifically with the intertwined international and municipal environmental and legal issues of deforestation of the Amazon in Brazil, see M S Giamo, "Deforestation in Brazil: Domestic Political Tragedy-Global Ecological Disaster" (1988) 18 Environmental Law 537.
146. See above, n 59 and accompanying text.
147. See below, Section 4, for a discussion of international activities.
148. See B E Aigbokhan, "Peaceful, People-Centered, and Ecologically Sensitive Development: A Mechanism for Promoting a New World Order", in J Brecher, J Childs & J Cutler (eds). Global Visions: Beyond the New World Order, pp 31, 34.
149. See H A McDougall, "Social Movements, Law and Implementation: A Clinical Dimension for the New Legal Process" (1989) 75 Cornell L Rev 83.
150. See H A McDougall, "Social Movements, Law and Implementation: A Clinical Dimension for the New Legal Process" (1989) 75 Cornell L Rev 83.
151. See P Bimie, "International Environmental Law: Its Adequacy for Present and Future Needs", in A Hurrell & B Kingsbury (eds), The International Politics of the Environment: Actors, Interests and Institutions (1992), pp 51-84.
152. See H K Jacobson and E B Weiss, "Strengthening Compliance with International Environmental Accords: Preliminary Observations from a Collaborative Project" (1995) 1 Global Governance 119, 140
153. R B Mitchell and A Chayes, "Improving Compliance with the Climate Change Treaty", in H Lee (ed), Shaping National Responses to Climate Change: A Post-Rio Guide (1995), pp 130-33
154. K Sachariew, "Promoting Compliance with International Environmental Standards: Reflections on Monitoring and Reporting Mechanisms" (1991) 2 Yb Int'l Env L 31,48-50.
155. T Princen, M Finger and J Manno, "Nongovernmental Organizations in World Environmental Politics" (1995) 7 Int'l Env Aff 42, 51.
156. The international protection of the environment, of course, involves much more than law but international environmental law is an important factor. See N Stephen, "International Protection of the Environment" (1990) 61 Austrl For Aff & Trade Monthly Record 521 (No 8, August).
157. See H K Jacobson and E B Weiss, "Strengthening Compliance with International Environmental Accords: Preliminary Observations from a Collaborative Project" (1995) 1 Global Governance 119, 140
158. See, eg, the discussion of how the language of environmental protection was co-opted into the promotion of economic development at UNCED in, M Pallemaerts, "International Law from Stockholm to Rio: Back to the Future?" (1992) 1 Rev Eur Comm & Int'l Env L 254, 263-64
159. See above, nn 77-91 and accompanying text.
160. See, eg, V Shiva, "The Greening of the Global Reach", in J Brecher, J B Childs & J Cutler (eds), Glòbal Visions: Beyond the New World Order (1993), p 53
161. P Chatterjee and M Finger, The Earth Brokers: Power, Politics and World Development (1994).
162. A E Gare, Postmodernism and the Environmental Crisis (1995).
163. T M Franck, "Fairness in the International Legal and Institutional System" (1993-III) 240 Recueil des Cours 1498.
164. See the review essay by G Simpson, for an insightful critique of Franck's system of fairness (forthcoming in Michigan Journal of International Law).
165. This section is a revised version of a paper presented at the Defending the Environment Conference in Adelaide, 7 May 1994. See D Anton, Knowledge and Information as Power in the International Defence of the Environment: The Environmental Law Alliance Worldwide (E-LAW), in Defending the Environment: Public Interest Environmental Law Conference Papers (Australian Centre for Environmental Law, 1994).
166. Francis Bacon, Religious Meditations (Of Heresies), reprinted in The Oxford Dictionary of Quotations 28:11 (1980). Translated roughly as: Knowledge itself is power.
167. Report of the United Nations Conference on Environment and Development, UN Doc A/CONF 151/26/Rev 1 (Vol 1), p5.
168. See N Stefanik, "Sustainable Dialogue/Sustainable Development", in J Brecher, J B Childs & J Cutler (eds), Global Visions: Beyond the New World Order (1993), p 263.
169. See, eg, J L Dunoff, "From Green to Global: Toward the Transformation of International Environmental Law" (1995) 19 Harv Env L Rev 241, 295-300
170. D Robinson, "Public Interest Environmental Law-Commentary and Analysis", in D Robinson & J Dunkley (eds), Public Interest Perspectives in Environmental Law (1995), pp 323-26.
171. For those interested, the US office of E-LAW has developed a "homepage" that can be accessed through the following URL: http://www.igc.org/elaw.
172. E-LAW members share both the good times of environmental victories, as well as bad times with each other. For instance, when one E-LAW colleague needed expensive critical surgery in another country but lacked the money, E-LAW friends helped raise the necessary funds. When Samuel Ogbede was jailed in Nigeria, see above n *, p 269, E-LAW comrades set about raising his bail.
173. See, eg, P Ekins, A New World Order: Grassroots Movements for Global Change (1992), pp 139-65.
174. See V Shiva, "People's Ecology: The Chipko Movement", in S H Mendlovitz & RBJ Walker (eds), Towards A Just World Peace: Perspectives From Social Movements (1987), p 253
175. R Lamb, "Saving the Arms of Lord Vishnu", in UNEP Feature 33 (September 1981).
176. See C Mendes, Fight for the Forest: Chico Mendes in His Own Words (1989).
177. P Ekins, A New World Order: Grassroots Movements for Global Change (1992), pp 144-45.
178. See W McLamey, "Gandoca/Manzanilla Wildlife Refuge, Costa Rica" (No 63, June 1988) Biological Conservation Newsletter.
179. S Breyman, "Knowledge as Power: Ecology Movements and Global Environmental Problems", in R D Lipschutz & K Conca (eds), The State and Social Power in Global Environmental Politics (1993), p 124-57 at 128.
180. See E-LAW Update: A Quarterly Report for the US Office of the Environmental Law Alliance Worldwide (Summer 1993) (copy on file with author).
181. SLAPP suits are civil lawsuits brought against individuals or nongovernmental organisations for speaking out on issues that are of public interest, including environmental issues. See Pring, "SLAPPS: Strategic Lawsuits Against Public Participation" (1989) 7 Pace Environmental Law Review 3, and the comment by Stephen Keim (1996) 13 EPLJ 209.
182. For good accounts of the developing field of environmental justice see P S Wenz, Environmental Justice (1988)
183. R O Brooks, "A New Agenda for Modem Environmental Law" (1991) 6 J Env L& Lit 1.
184. For further details see E-LAW Update: A Quarterly Report for the US Office of the Environmental Law Alliance Worldwide (Winter 1996), p 2.
185. See E-LA W Update: A Quarterly Report from the US Office of the Environmental Law Alliance Worldwide (Winter 1995).
186. See E-LA W Update: A Quarterly Report from the US Office of the Environmental Law Alliance Worldwide (Winter 1995).
187. See E-LA W Update: A Quarterly Report from the US Office of the Environmental Law Alliance Worldwide (Winter 1995).
188. E-LAW Update: A Quarterly Report from the US Office of the Environmental Law Alliance Worldwide (Summer 1994).
189. E-LAW Update: A Quarterly Report from the US Office of the Environmental Law Alliance Worldwide (Summer 1995).
190. See E-LA W Update: A Quarterly Reportfrom the US Office of the Environmental Law Alliance Worldwide (Spring 1995).
191. See E-LA W Update: A Quarterly Reportfrom the US Office of the Environmental Law Alliance Worldwide (Spring 1995).
192. E-LAW Update: A Quarterly Report from the US Office of the Environmental Law Alliance Worldwide (Winter 1996).
193. E-LAW Update: A Quarterly Report from the US Office of the Environmental Law Alliance Worldwide (Winter 1996).
194. P Hassan, Toward an International Covenant on The Environment and Development, 87 ASIL Proc (1993) 513, 520-22.
195. See E-LAW Update: A Quarterly Newsletter from the US Office of the Environmental Law Alliance Worldwide (Spring 1994).
196. See University of Melbourne Faculty of Law, LLB Course and Subject Guide 1996, p 51.