Building Norms from the Grassroots Up: Divestment,Expressive Politics,and Climate Change

The fossil fuel divestment movement is at the forefront of civil society initiatives to raise public consciousness about the need for a “fossil‐free” future. Through the lens of the social movement literature, this article shows how the movement has harnessed grassroots activists, engaged in innovative and sometimes disruptive forms of protest, and used cognitive framing and symbolic politics to gain media interest and persuade the public of the importance and legitimacy of its claims as well as to promote a new social norm. The relative instrumental, structural, and discursive power of the movement and its adversaries is also examined, showing how, notwithstanding the fossil fuel industry's deeply embedded structural and instrumental power, the movement has managed to shift the contest onto a terrain where it holds a comparative advantage. Finally, the movement's role in nonstate climate governance is considered, taking account of its interactions with and impact on a range of other climate actors. This article's conclusion is that climate governance is not only an instrumental or pragmatic process of mandating changes in behavior but an expressive and symbolic one of nurturing a new norm and institutionalizing a new set of moral principles.     

Tendential Autonomy and Conflict Containment in Nonstate Governance Mechanisms

Environmental certification programs have emerged and matured in many resource industries. Program autonomy is a central strategic problem in assessing program effectiveness and legitimacy. The article treats the problem of autonomy by drawing on Teubner's heuristic, strategic reconceptualization of Luhmann's conception of autopoiesis. Emergent autonomy can be inferred in different ways at different stages of program development. It is concretely expressed both in a distinct circularity in internal referral, deferral, and appeals procedures, and in institutional capacities to develop such procedures. Procedural circularity is often taken as evidence of program failure, but it may instead be an indicator of early strength. Periods of acute crisis are privileged circumstances for observing such capacities.     

气候变化治理技术方案之中国路径

通过从经济与财政可能性、政治伦理可行性、技术和行政操作可行性三个方面将诸多零散的碳税和碳排放交易的利弊分析进行梳理和系统化,碳排放交易的现实可行性和优势得以显现。同时,通过对欧盟和美国碳排放市场建设历史经验的纵向分析和现状的横向比较,强制性碳排放市场的重要意义和碳排放市场建设渐进主义的优势得以体现。藉此,结合我国排污交易的历史经验与最新的政策法律导向,构建渐进主义原则下碳排放市场发展的法律主线和具体制度方案值得尝试。中国应在循序渐进地扩大碳排放交易主体和范围的基础上,通过不断修正市场激励、交易和辅助机制,逐步完善碳排放市场的内在交易机理并实现与国际气候治理机制的衔接,成为未来气候治理的领导者。     

Global Governance,Criminalisation and Environmental Change

This article examines the environmental impact of criminalisation. It argues that developing societies are increasingly drawn into globalised networks that inextricably link the global and local, the legal and illegal. This means that in order to understand the causes of environmental degradation it is no longer useful to focus on the formal institutions and practices of government and business. Instead, this article uses the concept of the shadow state to examine and understand the causes of environmental change in two illustrative cases of Madagascar and Belize.     

Philosophical Anarchism and Its Fallacies: A Review Essay

Law and Philosophy -     

Review Essay: Justice in Human and Other Natures

Social Justice Research -     

Climate Change and Crime

Conflict has a carbon footprint. Crime is a subtype of conflict. Citizen on citizen predation by force or fraud, and responses to it, have carbon costs. The paper reviews relevant literatures and notes the absence of recognition of the nexus between crime and carbon-profligate lifestyles. The writers contend that looking at crime and disorder through a carbon costing 'lens' would profoundly influence social and criminal justice policy. The precise quantification of the carbon costs of crime is beyond the scope of this paper. The preliminary estimates contained herein suggest that the direct carbon costs of crime are substantial and the consequential costs more so, to the point where it is difficult to envisage a high crime society being a low carbon society. Recognition of this would lead to a major shift in policy favouring primary crime prevention through the design, implementation and maintenance of products and services less prone to crime. The costs of crime, both fiscal and carbon, would be a matter for regret rather than action were it not for the demonstrable success of schemes to design out crime, for example from residential environments. These are briefly discussed. The scope for further improvement in designing out crime seems considerable, and an intensive programme of research to explore avenues for advance is advocated.     

Above the Boundaries: Ozone Depletion,Equity, and Climate Change*

This introduction examines the global legislative process as it applies to environmental agreements. It argues that this process should be seen as consisting of at least two phases. Phase one seeks to create a broad legislative framework designed to facilitate debate emanating from three different perspectives: science, equity, and economics. Phase one also seeks to attract as many countries as possible to the negotiating process. Phase two then tries to reconcile at least some of the conflicts inherent in these three different starting points.     

Review Essay: Martha's Pillow: Nussbaum on Justice and Sex

Social Justice Research -     

Climate Change Meets the Commerce Clause: Obstacles and Alternatives for State and Local Responses to Climate Change

Abstract

Climate change is a global problem resulting from our aggregate emissions. The United States has failed to take significant action on a federal level to address our country’s contributions. There are options available at the state and local levels to reduce emissions and to prepare for the effects of climate change. However, the commerce clause and the doctrine of federal supremacy may bar states and municipalities from adopting those strategies. This article discusses tactics to circumvent those restrictions, and potential changes to commerce clause jurisprudence that would give states and municipalities greater flexibility to act where Congress has not.