David Schlosberg
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780199256419
- eISBN:
- 9780191600203
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199256411.003.0006
- Subject:
- Political Science, Environmental Politics
An exploration is made of how the environmental justice movement in the United States has taken on some of the communicative and participatory demands and practices of critical pluralism. The ...
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An exploration is made of how the environmental justice movement in the United States has taken on some of the communicative and participatory demands and practices of critical pluralism. The movement has been critical of the communicative methods of the mainstream – the top-down organizational structure and its one-way nature of communication, and the lack of attention to issues of public participation in policy-making – and issues of communication have been a central focus in the development and demands of environmental justice. Accepting the diversity and the situated experiences of individuals and cultures has fostered the use of, and demand for, a variety of innovative communicative processes. Internally, the movement has attempted to employ more open discursive processes, paying particular attention to communication within and across diverse groups. Externally, the movement has made demands with regard to issues of communication and more discursive and participatory policy-making on government agencies, particularly the US Environmental Protection Agency (EPA).Less
An exploration is made of how the environmental justice movement in the United States has taken on some of the communicative and participatory demands and practices of critical pluralism. The movement has been critical of the communicative methods of the mainstream – the top-down organizational structure and its one-way nature of communication, and the lack of attention to issues of public participation in policy-making – and issues of communication have been a central focus in the development and demands of environmental justice. Accepting the diversity and the situated experiences of individuals and cultures has fostered the use of, and demand for, a variety of innovative communicative processes. Internally, the movement has attempted to employ more open discursive processes, paying particular attention to communication within and across diverse groups. Externally, the movement has made demands with regard to issues of communication and more discursive and participatory policy-making on government agencies, particularly the US Environmental Protection Agency (EPA).
Luc Bodiguel and Michael Cardwell
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199542482
- eISBN:
- 9780191594342
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199542482.003.0002
- Subject:
- Law, Environmental and Energy Law
There has been a high level of public engagement in the regulation of GMOs and this chapter seeks to explore this engagement, whether conducted through formal or informal channels. In the case of ...
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There has been a high level of public engagement in the regulation of GMOs and this chapter seeks to explore this engagement, whether conducted through formal or informal channels. In the case of formal channels, it examines the opportunities for public participation under measures enacted at international, European Union, and national levels, addressing, inter alia, the detailed provisions of the Cartagena Protocol and Aarhus Convention. In the case of informal channels, attention is directed to consumer preferences and public protest, and a salient feature identified is the reluctance of United Kingdom juries to convict anti-GM activists, as compared with the willingness of (non-jury) courts in France to convict Faucheurs Volontaires.Less
There has been a high level of public engagement in the regulation of GMOs and this chapter seeks to explore this engagement, whether conducted through formal or informal channels. In the case of formal channels, it examines the opportunities for public participation under measures enacted at international, European Union, and national levels, addressing, inter alia, the detailed provisions of the Cartagena Protocol and Aarhus Convention. In the case of informal channels, attention is directed to consumer preferences and public protest, and a salient feature identified is the reluctance of United Kingdom juries to convict anti-GM activists, as compared with the willingness of (non-jury) courts in France to convict Faucheurs Volontaires.
David Schlosberg
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780199256419
- eISBN:
- 9780191600203
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199256411.003.0001
- Subject:
- Political Science, Environmental Politics
The main issues addressed in the book are introduced, starting with discussion of the great diversity in the environmental movement, and making the point that the major groups of the movement in the ...
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The main issues addressed in the book are introduced, starting with discussion of the great diversity in the environmental movement, and making the point that the major groups of the movement in the United States, in taking on the role of interest groups in the liberal pluralist model, have excluded and marginalized many positions. The study to be made is described as focusing on two key concerns: how to acknowledge and recognize, rather than deny, diversity in environmentalism; and how to organize that diversity politically in a manner more inclusive than the liberal, or mainstream, environmental model. Different sections of the chapter discuss: the problems with conventional (liberal) pluralism; the democratic potential of the recognition by grassroots environmentalism of different experiences of the same event; the notion of justice embodied in the environmental justice movement – distributional equity (which can be achieved through procedural equity), recognition of the diversity of participants and experiences, and political participation (the demand for more public participation in the development, implementation, and oversight of environmental policy); and pluralism in theory and practice. The final section of the chapter provides a preview and plan of the book.Less
The main issues addressed in the book are introduced, starting with discussion of the great diversity in the environmental movement, and making the point that the major groups of the movement in the United States, in taking on the role of interest groups in the liberal pluralist model, have excluded and marginalized many positions. The study to be made is described as focusing on two key concerns: how to acknowledge and recognize, rather than deny, diversity in environmentalism; and how to organize that diversity politically in a manner more inclusive than the liberal, or mainstream, environmental model. Different sections of the chapter discuss: the problems with conventional (liberal) pluralism; the democratic potential of the recognition by grassroots environmentalism of different experiences of the same event; the notion of justice embodied in the environmental justice movement – distributional equity (which can be achieved through procedural equity), recognition of the diversity of participants and experiences, and political participation (the demand for more public participation in the development, implementation, and oversight of environmental policy); and pluralism in theory and practice. The final section of the chapter provides a preview and plan of the book.
Alice Donald
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780197265376
- eISBN:
- 9780191760426
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197265376.003.0012
- Subject:
- Law, Human Rights and Immigration
The right to participate in choosing or changing a constitution is becoming established in law and theory. The means of realising that right in the formation of Bills of Rights, and the consequences ...
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The right to participate in choosing or changing a constitution is becoming established in law and theory. The means of realising that right in the formation of Bills of Rights, and the consequences for democratic legitimacy, are matters of debate and experimentation. This chapter explores the processes used to develop Bills of Rights (or proposed Bills) in the United Kingdom, Canada, Australia, and New Zealand, and analyses key aspects of the design of those processes. It examines the context for creating a new UK Bill of Rights, including the work of the Commission on a Bill of Rights established in 2011. It reflects on the challenges facing the Commission in the light of experience overseas. It concludes that, on present evidence, the Commission is highly unlikely to achieve an outcome which might enjoy democratic legitimacy, in the sense of having been subject to inclusive and informed public deliberation.Less
The right to participate in choosing or changing a constitution is becoming established in law and theory. The means of realising that right in the formation of Bills of Rights, and the consequences for democratic legitimacy, are matters of debate and experimentation. This chapter explores the processes used to develop Bills of Rights (or proposed Bills) in the United Kingdom, Canada, Australia, and New Zealand, and analyses key aspects of the design of those processes. It examines the context for creating a new UK Bill of Rights, including the work of the Commission on a Bill of Rights established in 2011. It reflects on the challenges facing the Commission in the light of experience overseas. It concludes that, on present evidence, the Commission is highly unlikely to achieve an outcome which might enjoy democratic legitimacy, in the sense of having been subject to inclusive and informed public deliberation.
George (Rock) Pring and Susan Y. Noé
- Published in print:
- 2002
- Published Online:
- March 2012
- ISBN:
- 9780199253784
- eISBN:
- 9780191698163
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199253784.003.0002
- Subject:
- Law, Human Rights and Immigration
This chapter emphasises the rich set of international legal agreements that addressed aspects of public participation prior to the Aarhus Convention. It also examines the interest in public ...
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This chapter emphasises the rich set of international legal agreements that addressed aspects of public participation prior to the Aarhus Convention. It also examines the interest in public participation expressed by such diverse groups as international financial organisations, indigenous peoples, and NGOs. It provides an overview of the growing number of public-participation requirements in international environmental laws and legal authorities affecting mining, energy, and resources development. It concludes with a predictive look at how the international law of public participation may evolve in the near future.Less
This chapter emphasises the rich set of international legal agreements that addressed aspects of public participation prior to the Aarhus Convention. It also examines the interest in public participation expressed by such diverse groups as international financial organisations, indigenous peoples, and NGOs. It provides an overview of the growing number of public-participation requirements in international environmental laws and legal authorities affecting mining, energy, and resources development. It concludes with a predictive look at how the international law of public participation may evolve in the near future.
Barry Barton
- Published in print:
- 2002
- Published Online:
- March 2012
- ISBN:
- 9780199253784
- eISBN:
- 9780191698163
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199253784.003.0003
- Subject:
- Law, Human Rights and Immigration
This chapter presents a study of the intellectual framework of public participation. It makes clear that scholars have grappled with the objectives of public participation for decades, but that they ...
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This chapter presents a study of the intellectual framework of public participation. It makes clear that scholars have grappled with the objectives of public participation for decades, but that they appreciate the impact of the ‘public participation revolution’ of the 1990s. It also explores theoretical and conceptual questions about the way that public participation fits into different views of law, politics, the state, and society. Writers on philosophy, legal theory, politics, and sociology have struggled at length with public participation, or issues directly related to it. Their thinking can help in the efforts to make sense of what people see, and to work out what they would like to see.Less
This chapter presents a study of the intellectual framework of public participation. It makes clear that scholars have grappled with the objectives of public participation for decades, but that they appreciate the impact of the ‘public participation revolution’ of the 1990s. It also explores theoretical and conceptual questions about the way that public participation fits into different views of law, politics, the state, and society. Writers on philosophy, legal theory, politics, and sociology have struggled at length with public participation, or issues directly related to it. Their thinking can help in the efforts to make sense of what people see, and to work out what they would like to see.
Kevin C. Elliott
- Published in print:
- 2011
- Published Online:
- January 2011
- ISBN:
- 9780199755622
- eISBN:
- 9780199827121
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199755622.003.0005
- Subject:
- Philosophy, Philosophy of Science
This chapter explores the last of the options considered in chapter 4 for preventing interest groups' questionable influences on scientific research. It argues that there are normative, substantive, ...
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This chapter explores the last of the options considered in chapter 4 for preventing interest groups' questionable influences on scientific research. It argues that there are normative, substantive, and instrumental reasons for pursuing formal mechanisms for broadly based deliberation to guide the value judgments associated with policy‐relevant science. Nevertheless, because these forums can involve a wide range of mechanisms and strategies for representing affected parties, and because deliberative proceedings have weaknesses as well as strengths, the chapter calls for more careful “diagnosis” of the mechanisms appropriate in response to particular areas of research. It develops a three‐step diagnostic model inspired by the account proposed in the NRC volume Understanding Risk. Applying this diagnostic procedure to the hormesis case, the chapter calls for a mixed deliberative approach. In the near term, it recommends that policy makers examine the hormesis phenomenon in either an existing scientific advisory committee or a special advisory council created to represent the range of important stakeholder perspectives on hormesis. This council could address some of the major judgments identified in Chapter 2, such as prioritizing future areas of research, proposing definitions of key terms under debate, and evaluating the evidence for the generalizability and regulatory implications of hormesis. If the advisory council were to conclude, now or in the future, that the evidence warranted considering regulatory changes in response to hormesis, then a more intensive deliberative proceeding such as a consensus conference might be justified. These formal exercises could serve as a valuable starting point for informal political action by concerned citizens' groups.Less
This chapter explores the last of the options considered in chapter 4 for preventing interest groups' questionable influences on scientific research. It argues that there are normative, substantive, and instrumental reasons for pursuing formal mechanisms for broadly based deliberation to guide the value judgments associated with policy‐relevant science. Nevertheless, because these forums can involve a wide range of mechanisms and strategies for representing affected parties, and because deliberative proceedings have weaknesses as well as strengths, the chapter calls for more careful “diagnosis” of the mechanisms appropriate in response to particular areas of research. It develops a three‐step diagnostic model inspired by the account proposed in the NRC volume Understanding Risk. Applying this diagnostic procedure to the hormesis case, the chapter calls for a mixed deliberative approach. In the near term, it recommends that policy makers examine the hormesis phenomenon in either an existing scientific advisory committee or a special advisory council created to represent the range of important stakeholder perspectives on hormesis. This council could address some of the major judgments identified in Chapter 2, such as prioritizing future areas of research, proposing definitions of key terms under debate, and evaluating the evidence for the generalizability and regulatory implications of hormesis. If the advisory council were to conclude, now or in the future, that the evidence warranted considering regulatory changes in response to hormesis, then a more intensive deliberative proceeding such as a consensus conference might be justified. These formal exercises could serve as a valuable starting point for informal political action by concerned citizens' groups.
Karen Morrow
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199542482
- eISBN:
- 9780191594342
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199542482.003.0004
- Subject:
- Law, Environmental and Energy Law
This chapter considers the concept of risk as it applies to the regulation of GMOs. In so doing, it examines the oftentimes problematic, yet still dominant, hybrid scientific and political ...
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This chapter considers the concept of risk as it applies to the regulation of GMOs. In so doing, it examines the oftentimes problematic, yet still dominant, hybrid scientific and political character of risk regulation in the arena of agricultural biotechnology and its legal ramifications. The dominance of technocracy and difficulties of constructing viable inter-disciplinary dialogue are also discussed. Further, the chapter considers the problems experienced in attempting to invoke greater public participation as a regulatory response to engaging with and determining acceptable levels of risk, something that is increasingly viewed as a contested concept. A central point of discussion is the role of law in dealing with the disputes that inevitably arise in so controversial a field.Less
This chapter considers the concept of risk as it applies to the regulation of GMOs. In so doing, it examines the oftentimes problematic, yet still dominant, hybrid scientific and political character of risk regulation in the arena of agricultural biotechnology and its legal ramifications. The dominance of technocracy and difficulties of constructing viable inter-disciplinary dialogue are also discussed. Further, the chapter considers the problems experienced in attempting to invoke greater public participation as a regulatory response to engaging with and determining acceptable levels of risk, something that is increasingly viewed as a contested concept. A central point of discussion is the role of law in dealing with the disputes that inevitably arise in so controversial a field.
Laurence Boisson de Chazournes
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199562572
- eISBN:
- 9780191705328
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199562572.003.0005
- Subject:
- Law, Intellectual Property, IT, and Media Law, Human Rights and Immigration
This chapter examines how international law has responded to the risks presented by new technologies. It focuses, first, on the definition of the notion of precaution and its constitutive elements, ...
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This chapter examines how international law has responded to the risks presented by new technologies. It focuses, first, on the definition of the notion of precaution and its constitutive elements, and examines how the precautionary approach brings new concerns and new paradigms into the international legal order. It then looks at precaution's links with public participation. Finally, it examines the societal dimension of precaution.Less
This chapter examines how international law has responded to the risks presented by new technologies. It focuses, first, on the definition of the notion of precaution and its constitutive elements, and examines how the precautionary approach brings new concerns and new paradigms into the international legal order. It then looks at precaution's links with public participation. Finally, it examines the societal dimension of precaution.
Maria Lee
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199565177
- eISBN:
- 9780191705359
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199565177.003.0002
- Subject:
- Law, EU Law, Environmental and Energy Law
The Water Framework Directive takes an ambitious approach to environmental protection, albeit characterized by flexibility in both language and environmental objectives. This flexibility is ...
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The Water Framework Directive takes an ambitious approach to environmental protection, albeit characterized by flexibility in both language and environmental objectives. This flexibility is constrained by the explicit terms of the Directive, which without commanding particular results, demand that particular tools, approaches, and considerations be used in decision making. The flexibility is further constrained beyond the terms of the legislation through the Common Implementation Strategy, which provides for cooperation between the member states, the Commission and others in the detailed implementation of the Directive. The novel approaches in the Water Framework Directive inevitably raise concerns around both legal and political accountability. However, the combination of these ambitious objectives with mechanisms of new governance is no coincidence — flexibility recognises social and ecological realities, and without it the ambition of the Directive would not be possible. The constraints within and beyond the wording of the legislation keep that flexibility within certain bounds.Less
The Water Framework Directive takes an ambitious approach to environmental protection, albeit characterized by flexibility in both language and environmental objectives. This flexibility is constrained by the explicit terms of the Directive, which without commanding particular results, demand that particular tools, approaches, and considerations be used in decision making. The flexibility is further constrained beyond the terms of the legislation through the Common Implementation Strategy, which provides for cooperation between the member states, the Commission and others in the detailed implementation of the Directive. The novel approaches in the Water Framework Directive inevitably raise concerns around both legal and political accountability. However, the combination of these ambitious objectives with mechanisms of new governance is no coincidence — flexibility recognises social and ecological realities, and without it the ambition of the Directive would not be possible. The constraints within and beyond the wording of the legislation keep that flexibility within certain bounds.
Marian Barnes
- Published in print:
- 2007
- Published Online:
- March 2012
- ISBN:
- 9781861346681
- eISBN:
- 9781447303053
- Item type:
- book
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781861346681.001.0001
- Subject:
- Sociology, Politics, Social Movements and Social Change
Public participation is central to a wide range of current public policies — not only in the UK, but elsewhere in the developed and the developing world. There are substantial aspirations for what ...
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Public participation is central to a wide range of current public policies — not only in the UK, but elsewhere in the developed and the developing world. There are substantial aspirations for what enhanced participation can achieve. This book offers a critical examination of both the discourse and practice of participation in order to understand the significance of this explosion in participatory forums, and the extent to which such practices represent a fundamental change in governance. Based on 17 case studies across a range of policy areas in two English cities, the chapters address key issues such as: the way in which notions of the public are constructed; the motivation of participants; how the interests and identities of officials and citizens are negotiated within forums; and the ways in which institutions enable and constrain the development of participation initiatives. Much of the literature on public participation is highly normative. This book draws from detailed empirical work, theories of governance, deliberative democracy, and social movements to offer a nuanced account of the dynamics of participation and to suggest why these experiences can be frustrating as well as transformative.Less
Public participation is central to a wide range of current public policies — not only in the UK, but elsewhere in the developed and the developing world. There are substantial aspirations for what enhanced participation can achieve. This book offers a critical examination of both the discourse and practice of participation in order to understand the significance of this explosion in participatory forums, and the extent to which such practices represent a fundamental change in governance. Based on 17 case studies across a range of policy areas in two English cities, the chapters address key issues such as: the way in which notions of the public are constructed; the motivation of participants; how the interests and identities of officials and citizens are negotiated within forums; and the ways in which institutions enable and constrain the development of participation initiatives. Much of the literature on public participation is highly normative. This book draws from detailed empirical work, theories of governance, deliberative democracy, and social movements to offer a nuanced account of the dynamics of participation and to suggest why these experiences can be frustrating as well as transformative.
Elli Louka
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195374131
- eISBN:
- 9780199871841
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195374131.003.0014
- Subject:
- Law, Environmental and Energy Law
This chapter examines public participation in water management. The water framework directive (WFD) has institutionalized stakeholder consultation and participation of the public in water management ...
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This chapter examines public participation in water management. The water framework directive (WFD) has institutionalized stakeholder consultation and participation of the public in water management through the provision of information to the public; the consultation with stakeholders; and the active involvement of stakeholders/public in the decision-making process. The participation of stakeholders in water management has been touted for the advantages it brings to effective rulemaking. However, participatory processes may, instead of bringing the parties together, drive them apart by making their differences more pronounced or, even worse, lead to a search for the lowest common denominator.Less
This chapter examines public participation in water management. The water framework directive (WFD) has institutionalized stakeholder consultation and participation of the public in water management through the provision of information to the public; the consultation with stakeholders; and the active involvement of stakeholders/public in the decision-making process. The participation of stakeholders in water management has been touted for the advantages it brings to effective rulemaking. However, participatory processes may, instead of bringing the parties together, drive them apart by making their differences more pronounced or, even worse, lead to a search for the lowest common denominator.
Marian Barnes, Janet Newman, and Helen Sullivan
- Published in print:
- 2007
- Published Online:
- March 2012
- ISBN:
- 9781861346681
- eISBN:
- 9781447303053
- Item type:
- chapter
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781861346681.003.0001
- Subject:
- Sociology, Politics, Social Movements and Social Change
This book discusses public participation, drawn substantially on research carried out as part of the Economic and Social Research Council's Democracy and Participation programme as well as related ...
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This book discusses public participation, drawn substantially on research carried out as part of the Economic and Social Research Council's Democracy and Participation programme as well as related work by the authors. It addresses the means in which public policy discourses construct notions of the public and engage with a diversity of publics in a plural polity. It explores the motivations of participants and the ways in which the identities and interests of officials and citizens are negotiated. It examines the ways in which institutions enable and constrain the development of public participation initiatives, including the way in which debate and dialogue can take place within participation forums, and what consequences such deliberations may have for public policies. It considers whether participation makes a difference to the conduct of officials or to the processes of delivering public services. Finally, it explores the dynamics produced as groups that have their origins in voluntary or community activity encounter public bodies seeking to engage in dialogue with them.Less
This book discusses public participation, drawn substantially on research carried out as part of the Economic and Social Research Council's Democracy and Participation programme as well as related work by the authors. It addresses the means in which public policy discourses construct notions of the public and engage with a diversity of publics in a plural polity. It explores the motivations of participants and the ways in which the identities and interests of officials and citizens are negotiated. It examines the ways in which institutions enable and constrain the development of public participation initiatives, including the way in which debate and dialogue can take place within participation forums, and what consequences such deliberations may have for public policies. It considers whether participation makes a difference to the conduct of officials or to the processes of delivering public services. Finally, it explores the dynamics produced as groups that have their origins in voluntary or community activity encounter public bodies seeking to engage in dialogue with them.
John E. Bonine
- Published in print:
- 2002
- Published Online:
- March 2012
- ISBN:
- 9780199253784
- eISBN:
- 9780191698163
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199253784.003.0014
- Subject:
- Law, Human Rights and Immigration
This chapter begins with some thoughts on participatory democracy, discusses various sources of influence advocating public participation, and gives some history of the public participation ...
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This chapter begins with some thoughts on participatory democracy, discusses various sources of influence advocating public participation, and gives some history of the public participation ‘movement’ in Central and Eastern Europe. Next, it discusses some of the key organisations and personalities that are driving participatory democracy forward. It concludes by sampling some of the recent and expected legislative changes bearing upon public participation in the region, illustrating the competing trends at work. Current trends show a stable move toward adoption of the European Union's standards, while retaining some features that are superior to those in the West.Less
This chapter begins with some thoughts on participatory democracy, discusses various sources of influence advocating public participation, and gives some history of the public participation ‘movement’ in Central and Eastern Europe. Next, it discusses some of the key organisations and personalities that are driving participatory democracy forward. It concludes by sampling some of the recent and expected legislative changes bearing upon public participation in the region, illustrating the competing trends at work. Current trends show a stable move toward adoption of the European Union's standards, while retaining some features that are superior to those in the West.
Celia Campbell-Mohn
- Published in print:
- 2002
- Published Online:
- March 2012
- ISBN:
- 9780199253784
- eISBN:
- 9780191698163
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199253784.003.0008
- Subject:
- Law, Human Rights and Immigration
This chapter addresses different methods of citizen participation in energy and natural resource projects. It traces the life of the project from siting on public lands, private lands, and tribal and ...
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This chapter addresses different methods of citizen participation in energy and natural resource projects. It traces the life of the project from siting on public lands, private lands, and tribal and Alaska lands, through operations, to closure. It discusses the various avenues of public participation throughout the life of the project. It sets a course through the maze of federal public-participation legislation by first analysing avenues of participation in project planning, siting, and development. It then discusses avenues of participation in project operations. It concludes with a note on the Alien Tort Claims Act.Less
This chapter addresses different methods of citizen participation in energy and natural resource projects. It traces the life of the project from siting on public lands, private lands, and tribal and Alaska lands, through operations, to closure. It discusses the various avenues of public participation throughout the life of the project. It sets a course through the maze of federal public-participation legislation by first analysing avenues of participation in project planning, siting, and development. It then discusses avenues of participation in project operations. It concludes with a note on the Alien Tort Claims Act.
Dr. Elli Louka
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195374131
- eISBN:
- 9780199871841
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195374131.001.0001
- Subject:
- Law, Environmental and Energy Law
This book examines water management in Europe, and the difficulties and policy dilemmas involved in creating integrated water management institutions. The book is unique in that it concentrates on ...
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This book examines water management in Europe, and the difficulties and policy dilemmas involved in creating integrated water management institutions. The book is unique in that it concentrates on institutional development, norms and guiding principles, implementation strategies, and public participation mechanisms at the local level, European Union level, and globally. The book examines the European Union Water Law and Policy as it was adopted at the beginning of 2000 and the attempt to apply integrated water management in Europe. Today, many speak of a water crisis in that the supply of water is unlikely to meet demand and because of pollution that mars many water ecosystems. Water is one of the most mismanaged natural resources. Deficient management policies and fragmented water management institutions can have catastrophic results for the management of water resources. In Europe, water management has been fragmented as states have used water resources within their borders often ignoring the impact of their actions on co-riparian states. The effort to apply integrated water management in Europe is in essence an attempt to put a stop to the fragmentation of water management policies and to integrate: upstream and downstream uses, land use planning, and water management. Water Law and Policy provides insights that can guide water development policies across national borders. It is a must-read for policymakers, water managers, and students who need to understand national and transnational water management.Less
This book examines water management in Europe, and the difficulties and policy dilemmas involved in creating integrated water management institutions. The book is unique in that it concentrates on institutional development, norms and guiding principles, implementation strategies, and public participation mechanisms at the local level, European Union level, and globally. The book examines the European Union Water Law and Policy as it was adopted at the beginning of 2000 and the attempt to apply integrated water management in Europe. Today, many speak of a water crisis in that the supply of water is unlikely to meet demand and because of pollution that mars many water ecosystems. Water is one of the most mismanaged natural resources. Deficient management policies and fragmented water management institutions can have catastrophic results for the management of water resources. In Europe, water management has been fragmented as states have used water resources within their borders often ignoring the impact of their actions on co-riparian states. The effort to apply integrated water management in Europe is in essence an attempt to put a stop to the fragmentation of water management policies and to integrate: upstream and downstream uses, land use planning, and water management. Water Law and Policy provides insights that can guide water development policies across national borders. It is a must-read for policymakers, water managers, and students who need to understand national and transnational water management.
Donald M. Zillman, Alastair Lucas, and George (Rock) Pring (eds)
- Published in print:
- 2002
- Published Online:
- March 2012
- ISBN:
- 9780199253784
- eISBN:
- 9780191698163
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199253784.001.0001
- Subject:
- Law, Human Rights and Immigration
A new human right of public participation by those affected by natural resource development is set to define major economic developments in the 21st century. It is a fundamental part of the ...
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A new human right of public participation by those affected by natural resource development is set to define major economic developments in the 21st century. It is a fundamental part of the international norm of ‘sustainable development’, designed to harmonise economic betterment and environmental-cultural-social protection for this and succeeding generations. A recognised human right since the 1940s, public participation today is assuming many different legal and political forms — citizen involvement, indigenous peoples' rights, local community rights, sustainable development agreements, public hearings, consultation, advisory councils, right to information, right to justice, decisional transfers, benefits sharing, and more. The right to be heard is a fundamental principle of public law in most of the world's legal systems, but in practice ranges from being deeply ingrained in some cultures to non-existent in others. Understanding this new human dimension in law and development is now essential not only for lawyers but also for companies, governments, international agencies, NGOs, IGOs, and citizens. This book provides the theoretical and practical guidance essential to understanding and dealing with this new development. Its first section lays out the basics of what is becoming known as public participation law — its origins, history, theories, modern sources, and future directions. The second section presents the international legal authorities. The third section analyses the current experience and future trends in over a dozen nations and regions of critical resource development interest, from Africa, Australasia, Southeast Asia and China to Europe and North, Central, and South America.Less
A new human right of public participation by those affected by natural resource development is set to define major economic developments in the 21st century. It is a fundamental part of the international norm of ‘sustainable development’, designed to harmonise economic betterment and environmental-cultural-social protection for this and succeeding generations. A recognised human right since the 1940s, public participation today is assuming many different legal and political forms — citizen involvement, indigenous peoples' rights, local community rights, sustainable development agreements, public hearings, consultation, advisory councils, right to information, right to justice, decisional transfers, benefits sharing, and more. The right to be heard is a fundamental principle of public law in most of the world's legal systems, but in practice ranges from being deeply ingrained in some cultures to non-existent in others. Understanding this new human dimension in law and development is now essential not only for lawyers but also for companies, governments, international agencies, NGOs, IGOs, and citizens. This book provides the theoretical and practical guidance essential to understanding and dealing with this new development. Its first section lays out the basics of what is becoming known as public participation law — its origins, history, theories, modern sources, and future directions. The second section presents the international legal authorities. The third section analyses the current experience and future trends in over a dozen nations and regions of critical resource development interest, from Africa, Australasia, Southeast Asia and China to Europe and North, Central, and South America.
Svitlana Kravchenko
- Published in print:
- 2002
- Published Online:
- March 2012
- ISBN:
- 9780199253784
- eISBN:
- 9780191698163
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199253784.003.0013
- Subject:
- Law, Human Rights and Immigration
This chapter surveys the state of laws and practices regarding public participation in the Newly Independent States (NIS). The task of replacing the authoritarianism of the past with modern democracy ...
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This chapter surveys the state of laws and practices regarding public participation in the Newly Independent States (NIS). The task of replacing the authoritarianism of the past with modern democracy and the rule of law has thus begun in the NIS. But it is nowhere near completion. Those who have goodwill toward the peoples of the region and who value democratic institutions would do well to consider what contribution they can themselves make to help make the transition irreversible. An important step would be to create models of transparency and participation that go beyond even the requirements of current legislation. Persons of goodwill can later look back on their accomplishments and know that they helped bring not only economic development to the region, but full democracy as well.Less
This chapter surveys the state of laws and practices regarding public participation in the Newly Independent States (NIS). The task of replacing the authoritarianism of the past with modern democracy and the rule of law has thus begun in the NIS. But it is nowhere near completion. Those who have goodwill toward the peoples of the region and who value democratic institutions would do well to consider what contribution they can themselves make to help make the transition irreversible. An important step would be to create models of transparency and participation that go beyond even the requirements of current legislation. Persons of goodwill can later look back on their accomplishments and know that they helped bring not only economic development to the region, but full democracy as well.
Joanna Thornborrow
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780195306897
- eISBN:
- 9780199867943
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195306897.003.0013
- Subject:
- Linguistics, Sociolinguistics / Anthropological Linguistics
This chapter, written by Joanna Thornborrow, examines question‐answer sequences in TV talk shows and radio call‐in programs. While these genres tend to be more conversational than other media genres ...
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This chapter, written by Joanna Thornborrow, examines question‐answer sequences in TV talk shows and radio call‐in programs. While these genres tend to be more conversational than other media genres such as broadcast news interviews, Thornborrow argues that they are nonetheless highly structured in terms of the organization of turn taking and the distribution of turn types. Thornborrow's primary argument is that institutional roles in these contexts are constituted through the asymmetrical distribution not only of turn types (e.g., questions versus answers) but also of question types and answer types. For example, in TV talk shows, the hosts ask questions that elicit narratives and/or opinions from lay participants, all the while maintaining their neutrality vis‐à‐vis the issues discussed. By contrast, lay participants' questions express opinions in relation to the issues being discussed.Less
This chapter, written by Joanna Thornborrow, examines question‐answer sequences in TV talk shows and radio call‐in programs. While these genres tend to be more conversational than other media genres such as broadcast news interviews, Thornborrow argues that they are nonetheless highly structured in terms of the organization of turn taking and the distribution of turn types. Thornborrow's primary argument is that institutional roles in these contexts are constituted through the asymmetrical distribution not only of turn types (e.g., questions versus answers) but also of question types and answer types. For example, in TV talk shows, the hosts ask questions that elicit narratives and/or opinions from lay participants, all the while maintaining their neutrality vis‐à‐vis the issues discussed. By contrast, lay participants' questions express opinions in relation to the issues being discussed.
Joshua A. Braun
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9780300197501
- eISBN:
- 9780300216240
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300197501.003.0002
- Subject:
- Society and Culture, Media Studies
This chapter examines the potential of media distribution, and the balance of structure and agency enacted in different approaches to it, to inform our view of a wide array of major social and ...
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This chapter examines the potential of media distribution, and the balance of structure and agency enacted in different approaches to it, to inform our view of a wide array of major social and scholarly concerns. In particular, it considers the key role played by the technologies and practices of media distribution in the conditions under which people congregate and imagine their communities. It first explores the impact of distribution on the conditions of media work in the media industries, paying attention to media ownership models and their effect on media distribution strategies. It then discusses the ability of online distribution networks to spur social change by cutting across social and regional boundaries and helping to reconfigure them; how distribution renders societal groups and subcultures visible; how states impinge on distribution as a form of political oppression; and how distribution platforms can promote public participation. It also analyzes the implications of distribution platforms for political activism as well as for film and literary culture.Less
This chapter examines the potential of media distribution, and the balance of structure and agency enacted in different approaches to it, to inform our view of a wide array of major social and scholarly concerns. In particular, it considers the key role played by the technologies and practices of media distribution in the conditions under which people congregate and imagine their communities. It first explores the impact of distribution on the conditions of media work in the media industries, paying attention to media ownership models and their effect on media distribution strategies. It then discusses the ability of online distribution networks to spur social change by cutting across social and regional boundaries and helping to reconfigure them; how distribution renders societal groups and subcultures visible; how states impinge on distribution as a form of political oppression; and how distribution platforms can promote public participation. It also analyzes the implications of distribution platforms for political activism as well as for film and literary culture.
