International Environmental Law and Asian Values: Legal Norms and Cultural Influences
By: Roda Mushkat (author)Hardback
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Following decades of vigorous economic expansion, Asia is
confronting the environmental consequences of unfettered development.
This poses a challenge because of the strong bias of prevailing
cultural systems in the region toward the goal of lifting standards of
living over achieving ecological sustainability.
This book juxtaposes international environmental norms and practices
with relevant Asian policies and their applications in key areas. Roda
Mushkat examines the fundamental principle of public participation in
environmental law-making, as well as the "rights approach,"
against the emergence of democratic and human rights norms in the
region. The complex relationship between trade and the environment is
also discussed in light of the strong regional emphasis on economic
growth, trade liberalization, and the aversion to conditionalities.
Given regionalization processes in Asia-Pacific and elsewhere, this
work seeks to establish to what extent such processes have led to the
regionalization of international environmental law.
International Environmental Law and Asian Values concludes
that, although some gaps can be identified between international
imperatives and regional responses, "Asian values" have not
proved to be an insurmountable barrier to the spread of international
environmental legal ideas. On the whole, the region is responding to
impulses emanating from the global arena rather than resisting them
The analysis and conclusions of this comprehensive and original work
will be of considerable interest to scholars of international law and
relations, environmental policy, comparative culture, economic
development, and social change.
Roda Mushkat is Professor and Head of the Department of Law at the University of Hong Kong.
Foreword by Ved P. Nanda Acknowledgments Introduction 1 Culture and International Law 2 Cultural Relativism and the Asian Values Debate 3 Asian Values and Environmental Protection 4 A Regional Approach to International Environmental Norms? 5 Factors Affecting the Domestic Implementation of International Environmental Law in the Asia Pacific Region 6 The Impact of International Trade 7 The Effects of Globalization on the Implementation of International Environmental Law in the Asia PaciWc Region 8 Globalization of Norms and Regionalization of Implementation Conclusion Appendices Notes Index
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- ID: 9780774810562
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