Law, Moral Philosophy, and Economics in Environmental Discourse

Thomas M. Franck

in Fairness in International Law and Institutions

Published in print January 1998 | ISBN: 9780198267850
Published online March 2012 | e-ISBN: 9780191683398 | DOI:
Law, Moral Philosophy, and Economics in Environmental Discourse

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The analysis so far presented has tried to establish a way of thinking about fairness in international law and has sought to apply those insights to the process by which law is made in the international community, stressing firstly, the participation of people and peoples, and secondly, the burgeoning role of international institutions in conflict resolution. Fairness discourse, however, is not solely about process. The importance of process lies in its effect on outcomes. Outcomes are cardinal indicators of fairness. Outcomes also provide a measure of the fairness of the process by which they are fashioned. This chapter examines the distributive justice achieved by law and institutions. To demonstrate this aspect of fairness critique, two clusters of rapid growth in international law and institutions are considered. The first cluster is concerned with the environment, the second with trade and development. The chapter also discusses the normative and institutional evolution of international environmental law, moral philosophy, and economics.

Keywords: international law; fairness; distributive justice; international institutions; environment; trade; environmental law; economics; moral philosophy

Chapter.  13444 words. 

Subjects: Public International Law

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