By Teresa M. Thorp (auth.)
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Additional info for Climate Justice: A Voice for the Future
Example text
The transformation of values into legal justice does not consist in relation to individual interest but in relation to the establishment and effect of a valid legal norm, which authenticates a shared interest. The inquiry attempts to accommodate varying points of view but it does not do this fully or completely. When reflecting on the principle of equity, what may seem evident to a common law jurist may be foreign to a civil law jurist, and vice versa, concerning an analysis of the principle of solidarity.
On questioning the distinction between a human rights approach and an environmental one, Bodansky himself recognised the problem of stalling UNFCCC negotiations. 56 But, should it? Should collective human rights fail to account for the changeable trajectories of the human condition? These unanswered questions converge on three main interrogations. First, what is the analytical basis for devising a universal approach to international law as a response to disorientation and inertia in climate negotiations?
Miller claims that his theory of social justice is not a “distribution theory”. Miller’s model includes “distributive processes”. Distribution is somehow different if it partitions the good from the bad, the advantaged from the disadvantaged. As a “distribution theory”, arguing about the distinction between developed and developing countries, which has major implications for trade aid, preferences and a host of other privileges, has frequently resulted in a deadlock in both trade and climate negotiations.