Is there a Legal Future for Sustainable Development in Global Warming? Justice, Economics, and Protecting the Environment. Adams, T. B. Georgetown International Environmental Law Review, 16(1):77–126, 2003.
Paper abstract bibtex In 1987, the World Commission on Environment and Development published Our Common Future (the "Brundtland Report") calling for the world to adopt the policy of "sustainable development" to solve the increasingly severe environmental problems affecting the Earth as a whole. Sustainable development attempts to reconcile economic efficiency, economic growth, environmental protection, and justice. Since then, environmentalists have seen this idea become the cornerstone of the world's philosophical and legal approach to anthropogenic global warming in the United Nations Framework Convention on Climate Change ("Climate Change Convention"), Agenda 21, and the Kyoto Protocol Climate Change Convention ("Kyoto Protocol"). The reaffirmation of "sustainable development" in the Kyoto Protocol should not hide, however, the fundamental legal and philosophical differences between the limited cap-and-trade program in the Kyoto Protocol and sustainable development as defined in the Brundtland Report. Sustainable development in the Brundtland Report builds primarily on the common, natural law tradition of Anglo-American human rights law. The limited cap-and-trade program in the Kyoto Protocol has roots in another strand of Western philosophy related to utilitarianism and free markets that many environmentalists reject as inimical to the protection of the environment, and which many non-Western societies reject as foreign to their culture.
@article{adams_is_2003,
title = {Is there a {Legal} {Future} for {Sustainable} {Development} in {Global} {Warming}? {Justice}, {Economics}, and {Protecting} the {Environment}},
volume = {16},
issn = {10421858},
shorttitle = {Is there a {Legal} {Future} for {Sustainable} {Development} in {Global} {Warming}?},
url = {https://www.proquest.com/docview/225513946/abstract/5C83849A007740CAPQ/1},
abstract = {In 1987, the World Commission on Environment and Development published Our Common Future (the "Brundtland Report") calling for the world to adopt the policy of "sustainable development" to solve the increasingly severe environmental problems affecting the Earth as a whole. Sustainable development attempts to reconcile economic efficiency, economic growth, environmental protection, and justice. Since then, environmentalists have seen this idea become the cornerstone of the world's philosophical and legal approach to anthropogenic global warming in the United Nations Framework Convention on Climate Change ("Climate Change Convention"), Agenda 21, and the Kyoto Protocol Climate Change Convention ("Kyoto Protocol"). The reaffirmation of "sustainable development" in the Kyoto Protocol should not hide, however, the fundamental legal and philosophical differences between the limited cap-and-trade program in the Kyoto Protocol and sustainable development as defined in the Brundtland Report. Sustainable development in the Brundtland Report builds primarily on the common, natural law tradition of Anglo-American human rights law. The limited cap-and-trade program in the Kyoto Protocol has roots in another strand of Western philosophy related to utilitarianism and free markets that many environmentalists reject as inimical to the protection of the environment, and which many non-Western societies reject as foreign to their culture.},
language = {English},
number = {1},
urldate = {2022-03-15},
journal = {Georgetown International Environmental Law Review},
author = {Adams, Todd B.},
year = {2003},
keywords = {Climate change, Emission standards, Environmental Studies, Environmental justice, Environmental protection, Global warming, Greenhouse effect, Human rights, International law, Law, Sustainable development, ⛔ No DOI found},
pages = {77--126},
}
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