Monday, November 12, 2012

Pedersen: An International Environmental Court and International Legalism

Ole W. Pedersen (Newcastle Univ. - Law) has published An International Environmental Court and International Legalism (Journal of Environmental Law, Vol. 24, no. 3, pp. 547-558, Nov. 2012). Here's the abstract:
This essay offers an assessment of the most recent attempt lead by the International Court for the Environment (ICE) Coalition to garner support for an international environmental court. The essay argues that the concept of legalism, as developed by Judith Shklar and more recently advanced by Eric Posner, offers us a conceptual background against which to view this campaign. In doing so, the essay argues that a narrow focus on legal solutions, which emphasise legal responsibility and blameworthiness, is likely to prove insufficient. Despite this, it is argued that the ICE Coalition’s contribution to the debate on how to best address collective action problems harming the environment may in the long run assist us in developing viable solutions.