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The first chapter introduces the problem to which the book responds: the ongoing exclusion of indigenous groups in many parts of the world from legal and policy frameworks determining the right to use water on their lands. The chapter presents the problem using academic and policy debates about indigenous water rights and the regulation of water while explaining how the comparative experiences considered in the book provide new perspectives on the reasons why indigenous water rights are needed, and the role law might play to provide for them.
Global institutions are afflicted by severe democratic deficits, while many of the major problems facing the world remain intractable. Against this backdrop, we develop a deliberative approach that puts effective, inclusive, and transformative communication at the heart of global governance. Multilateral negotiations, international organizations and regimes, governance networks, and scientific assessments can be rendered more deliberative and democratic. More thoroughgoing transformations could involve citizens' assemblies, nested forums, transnational mini-publics, crowdsourcing, and a global dissent channel. The deliberative role of global civil society is vital. We show how different institutional and civil society elements can be linked to good effect in a global deliberative system. The capacity of deliberative institutions to revise their own structures and processes means that deliberative global governance is not just a framework but also a reconstructive learning process. A deliberative approach can advance democratic legitimacy and yield progress on global problems such as climate change, violent conflict and poverty.
Under existing international and domestic law, governments and private actors have obligations to individuals and communities affected by climate change impacts on public health. This chapter discusses such obligations and the legal authorities – international, constitutional, statutory, and common law – under which they arise.
This chapter describes the prospects for reducing the impact of aviation on the environment through operational changes, new airframe and engine technologies, and biofuels. The focus is on the in-flight impact on the environment with particular emphasis on climate change impact. Examples of operational changes include optimized profile descents, reduced vertical separation, multistage long-distance travel, formation flight, and large aircraft for short ranges. New airframe technologies described include active laminar flow control and novel aircraft configurations such as the double bubble and the blended wing-body. Various possible approaches to improve the efficiency of jet engines are described as well as means of reducing nitrogen oxide emissions, such as lean premixed combustion. Prospects for large-scale use of biofuels are discussed and the technical path that should be taken in developing and adopting alternative jet fuels is presented.
The right to a healthy environment enjoys constitutional recognition in at least 100 nations, is included in more than 100 nations’ environmental legislation, and is part of regional human rights treaties ratified by more than 120 nations. Is this right merely a paper tiger, or is it a powerful catalyst for a sustainable future? The most comprehensive efforts to answer this question focus on the constitutional right to a healthy environment. Research demonstrates that incorporating this right in a country’s constitution leads directly to stronger environmental laws and court decisions defending the right from violations. Other benefits of constitutional environmental rights are being realized, while potential drawbacks are not materializing. Perhaps most importantly, empirical evidence indicates that environmental rights contribute to stronger environmental performance, including cleaner air, safer drinking water, and smaller ecological footprints. The time has come for global recognition of the right to a healthy environment through a treaty or General Assembly resolution.