Global Environmental Constitutionalism
Getting There from Here
Bibliographic Data
| ID | 4609953 |
|---|---|
| Authors | Douglas A Kysar (0000-0002-7154-7981, Yale University, corresponding author) |
| Year | 2012 |
| Volume | 1 |
| Issue | 1 |
| Pages | 83-94 |
| Publication date | 2012-04-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Transnational Environmental Law (JOURNAL) |
| Journal identifiers | ISSN: 2047-1025 • E-ISSN: 2047-1033 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s2047102511000057 |
| OpenAlex | W1993935515 |
| Language | EN |
| Citations received | 6 |
| References cited | 8 |
Dominant analytical approaches to environmental law exhibit a similar, problematic form: they treat that which should be outcome determining as, instead, outcome determined. This form is most evident and influential in the welfare economic technique of regulatory cost-benefit analysis, which treats all resources - including the monetary value of human lives - as potential means towards seemingly higher yielding ends. In contrast, an environmental constitutionalism, in which certain needs and interests of present and future generations, the global community, and other forms of life are given foundational legal importance, would help to restore conceptual coherence and normative priority to the subjects of environmental law
Constitutionalism · Democracy · Economics · Environmental law · Law and economics · Microeconomics · Normative · Political science · Positive economics · Welfare · Environmental law and policy · International Environmental Law and Policies · Law · Property Rights and Legal Doctrine
| Unique citing works | 6 |
|---|---|
| Citations per year | 0,43 |
| Citation span | 2012 - 2022 (11) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 6 |