Дисертації з теми "Fairness, justice, environmental decision-making"

As the number of women entering postsecondary education continues to increase (U.S. Bureau of Labor Statistics, 2014), universities will be tasked with ensuring that their pregnancy leave policies and practices are aligned with the principles of organizational justice. When organizations are aware of the perceptions of both decision makers and those affect by decisions, they are able to alter policies and practices in a way that promotes perceptions of fairness. The present study examines department head and faculty member perceptions of pregnancy leave practices in a university setting. This study is a replication/follow-up of two studies conducted in 2005 and 1995 on perceptions of pregnancy leave practices within a university setting. The results indicate that department heads and faculty members similarly perceive the fairness of options to cover a pregnant faculty member’s responsibilities. Department heads and faculty also rated their willingness to use an option similarly. Additionally, department heads are more willing to use options that they perceived as fair and are less likely to use options they perceived as unfair. The findings of this study indicate that it is important for those affected by decisions such as pregnancy leave practices to experience voice in the decision-making process. The results of this study should be useful to universities and department heads when determining how to cover the responsibilities of a faculty member on pregnancy leave.

The presence of unethical behavior continues to plague the global business community, however, and its impact in the finance industry is widely thought to be having an even more devastating impact than ever before. Scholarly literature provides little understanding of what drives ethical decision making, or the processes involved and a little evidence that ethical standards have been developed as part of leadership decision making training in finance. The purpose of this qualitative single case study was to explore the drivers and processes in the development of training that supports ethical choices that leaders make in their decision-making role within the finance industry, as well as to understand what effects those decisions have on followers and on organizational culture. The research question examined the processes and training involved in ethical decision making in the field of finance. Rawls' justice as fairness theory provided the theoretical framework. The data were collected interviewing purposefully selected 7 directors and managers in the financial industry. The data were analyzed using a constant comparative approach and the development of vignettes based on Stake. The results showed that leaders were not able to make sound ethical decisions and the need for ethical standards. When these standards and values are compromised, leadership behaviors can affect organizational culture, as they tend to decrease commitment, performance and motivation of employees, while increasing absenteeism and turnover, thus adversely affecting company operations and incurring costs. The study results can have implications for social change through developing higher standards in ethics and adequate morale training.

Sustainable development assistance organizations (SDAOs) are designed to help interested producers conduct market research, identify clients and more effectively manage the process of moving products to market. Producers of sustainable products are often small business owners and grassroots entrepreneurs that produce and sell natural resource-based goods and services. The broad research question this dissertation explored was whether the decision-making processes employed by producers, staff and board members in an SDAO hold implications for their collective achievement of sustainability. Data collection focused on understanding the various frames through which producers, staff and board members approach their work with, and decision making within, the SDAO as well as how they conceptualize sustainability. This research employed semi-structured, in-depth interviews with growers, staff members and board members involved in one SDAO. The analysis found that producers, staff and board members held a number of competing frames regarding the purposes and objectives of the SDAO as well as concerning the meaning of sustainability. Frames influence the ways that each stakeholder group perceived and participated in decision-making and lead to the institutionalization of tacitly supported decision-making practices. These routines, when viewed through an efficiency lens, lead to quick decision-making, avoided conflict and allowed the SDAO to make decisions with consistency and clarity. When viewed through an environmental justice lens, however, these practices proved exclusionary, favored some elements of sustainability rather than others, and supported some participants more than others. Taken together, the decision-making practices used by Blue Mountain Organic Vegetables limited the organizationâ s capacity to develop a learning culture, created divisions among stakeholders and did not empower stakeholders with commitment to, and responsibility for SDAO decision-making. Consequently, Blue Mountain Organic Vegetables now faces organizational challenges related to the development of commitment, trust and ultimately, resilience, within the organization. The analysis concludes these concerns are potentially critical as these elements are essential for achieving sustainability, as they are also central to the organizationâ s ability to respond to, and overcome, challenges.
Ph. D.

As the Hispanic/Latino population grows in the United States, increased attention is being given to how and why Hispanic/Latino recreation differs from Anglo recreation. Concerns over equal access to natural resources and recreation have led researchers to question the causes for the differences in recreation choices. The discussion has largely focused on the restrictive effects of ethnicity and the marginal position of minorities in society creating recreation patterns in which minorities are practically nonexistent in wildland recreation areas. Stepping away from the negative valuation about dissimilarities in Hispanic/Latino versus Anglo recreation, this study of Hispanics/Latinos in Cache Valley, Utah focuses on recreation as defined by participants, recreation sites both visited and not visited, and the decision drivers participants identify as most influential. Through the use of a participant mapping activity, this study first identifies patterns in types of sites visited and not visited by participants. Using exploratory, semi-structured interviews, this study also uncovers the participants’definitions of recreation as well as important elements driving their recreation choices, including desired and undesired sites for recreation. Municipal recreation sites are visited most commonly by participants and the major drivers attracting their visitation are the physical site characteristics comprised of proximity to their residences, available facilities, suitability for family outings, scenery, a feeling of seclusion or relaxation, and activities specific to the site. Sites not visited span the categories of municipal, federal, state, and private. Federal sites are the most commonly desired and undesired types of sites not visited by participants. Non-visitation of sites was found to largely be the result of marginality characteristics such as a lack of money, time, knowledge, language, and fear. Ethnicity and custom also proved to be influential drivers of recreation decisions through elements like language and participant conceptualization of recreation as seeking spaces in which to gather with others. This study concludes that customs and powers of access (as related to ethnicity and marginality) intermingle to influence recreation choices among Hispanic/Latino participants. Looking at Hispanic/Latino recreation beyond its comparative Anglo differences provides a necessary holistic understanding of the elements driving this ethnic group’s decisions. As this understanding increases, work can be done to ensure equality in access to resources like recreation as desired by the minority population.

In this dissertation I explore how the international law principle of free, prior and informed consent (FPIC) can enhance public participation, to promote environmental justice for communities affected by environmental decision-making in the mining sector in South Africa. Public participation required in terms of the mining sector environmental regulatory framework in South Africa is underscored by a requirement to ‘consult’. In chapter one, I describe how the requirement to consult differs from a requirement to secure consent in terms of FPIC. I describe public participation (i.e. consultation) requirements related to applications for rights, permits, licences and authorisations that must be in place prior to commencement of mining operations. I argue that where the level of public participation requires mere consultation, it can easily amount to a regulatory tick-box exercise given that the views of mining-affected communities can be manipulated or overlooked, with mining developments proceeding despite devastating effects on communities. In chapter two I describe how FPIC has become part of the regulatory framework governing mining activities through the court’s purposive interpretation of the Interim Protection of Informal Land Rights Act 31 of 1996 (IPILRA) in Baleni and Others v Minister of Mineral Resources and Others and Maledu and Others v Itereleng Bakgatla Mineral Resources (Pty) Limited and Another. In chapter three, I engage with scholarly literature on FPIC to analyse why and how environmental justice should and can be enhanced by embedding FPIC into legislative public participation requirements. I argue that FPIC, which now forms part of South Africa’s law through the IPILRA, should be a prominent feature in public participation processes for mining-affected communities generally, and not only for informal land right holders.
Mini Dissertation (LLM)--University of Pretoria, 2021.
Public Law
LLM
Unrestricted

Magister Legum - LLM
An environment, which is not dangerous to the health or well-being of individuals, is every South African's basic Human right.1 In addition.it is every South African's basic human right to have the environment protected for the · "benefit of present and future generations, through reasonable legislative and other measures".2 These measures must aim at preventing pollution and ecological degradation. The measures must further advance. conservation, and guarantee ecologically sustainable development and use of natural .· resources. 3 Stakeholders, such as, non-governmental, organizations (henceforth NGOs), and the community as a whole have important roles to play.4

Values matter in both legal decision (lawmaking and lawapplying) and discourse (lawshaping and lawinfluencing). Yet, their purported subjectivity means that gaining or improving knowledge about values (whether they be epistemic, legal, moral, ethical, economic, political, cultural, social, or religious) in the context of analytic legal thought and understanding is often said to be at odds with its goal of objectivity. This phenomenon is amplified at the international level where the infusion of seemingly subjective political values by sovereigns, and the decisionmakers to whom they delegate, can, and does, interfere with an idealized and objective rule of law. The discourse on value subjectivity, and its relation to the purpose and function of the law, is particularly apparent in evolving international legal orders such as investment treaty arbitration. The primary aim of this work is to provide a new method for gaining empirical knowledge about value subjectivity that can help close a weak link in all nonpositivist (value-laden) legal theory: a weakness that has manifest itself as skepticism about the possibility of measuring value objectively enough to permit its incorporation as a necessary component of analytic jurisprudence. This work proposes a theory of configurative fairness for addressing the problem related to the development or evolution of legal regimes, and how legal regimes perceived as subjectively unfair can be remedied. Such a theory accepts the premise that perceptions of fairness matter in directing the way that legal orders develop, and that perceptions of fairness relate to the manner in which values are distributed and maximized in particular legal orders. It is posited that legal orders perceived as fair by their participants are more likely to be endorsed or accepted as legally binding (and are therefore more likely to comply with the processes and outcomes that such laws mandate). The purpose of a theory of configurative fairness is an attempt to provide a methodological bridge for improving knowledge about value in the context of legal inquiry through the employment of a technique called Q methodology: an epistemological and empirical means for the measurement and mapping of human subjectivity. It is a method that was developed in the early twentieth century by physicist-psychologist William Stephenson: the last research student of the inventor of factor analysis, Charles Spearman. What Stephenson did was to create a way for systematically measuring subjective perspectives, and although not previously used in jurisprudential thought, Q methodology will facilitate a means for the description and evaluation of shared subjectivities. In the context of law generally, and in investment treaty arbitration specifically, these are the subjectivities that manifest themselves as the conflicting perspectives about value that are omnipresent in both communicative lawshaping discourse and authoritative and controlling lawmaking and lawapplying decision. Knowledge about these shared value subjectivities among participants in investment treaty arbitration will allow the legal analyst to delineate and clarify points of overlapping consensus about the desired distribution of value as they relate to the regime-building issues of evolving legal orders. The focus for a theory of configurative fairness pertains to the identification of the various value positions that participants hold about a particular legal order and to configure those values, through its rules and principles, in a manner that is acceptable (and perceived as fair) by all of its participants. If such a value consensus can be identified, then particular rules in the legal order can be configured by decisionmakers in a way so as to satisfy participants’ shared value understandings. To engage such a theory, a means for identifying shared value subjectivities must be delineated. This work conducts a Q method study on the issues under debate relating to regime-building questions in investment treaty arbitration. The Q method study asked participants knowledgeable about investment treaty arbitration to rank-order a set of statements about the way that the values embraced by this legal order ought to be configured. The results of the study demonstrate that there is significant overlap about how participants in investment treaty arbitration perceive the desired distribution of values across the regime. The Q method study identified six distinct perspectives that represent shared subjectivities about value in the context of the development of investment treaty arbitration. The Q method study was also able to identify where there is an overlapping consensus about value distribution across the distinct perspectives. It is these areas of overlapping consensus that are most likely to reflect shared value understandings, and it is proposed that it is upon these shared value understandings that the future development of investment treaty arbitration ought to aim.

Concepts of justice and the distribution of public resources have been an important aspect of social debate for centuries. Finding fair and just allocations of natural resources remains a major preoccupation for national governments and their constituent communities. Yet Australian governments, despite their long history of dealing with resource use conflicts, have largely failed to establish lasting legal or institutional frameworks in which resources are allocated in ways that are seen as equitable, fair and just. Where such allocations or decisions are perceived as unjust, underlying social tensions can emerge and result in social conflict. This study examines two such social conflicts in which communities expressed dissatisfaction with government plans and decisions through organized protests. The first case study explores community reactions to a 2006 NSW government action to cut a water allocation in the Murray Irrigation District. The second investigates community reactions to the Victorian government's North South Pipeline and Food Bowl Modernisation Project initiated in 2007. This study investigates these conflicts from a justice perspective, concentrating on notions of fairness and justice. Using a transdisciplinary investigative framework the thesis explores these notions through stakeholder perceptions of procedural justice and distributive justice. Procedural justice is concerned with the fairness of elements of the decision-making process and distributive justice with the outcome or decision. The study aims to find out how people perceive fairness and justice within the social context of the decision-making process and how these perceptions contribute to their acceptance of an outcome. The study also explores how better outcomes might be achieved. The study finds that justice and fairness are critical in determining people's acceptance of, or opposition to, a decision. Participants discussed conceptions of fairness or a sense of justice invoked when they perceived unfairness or injustice to themselves or others. The study also finds that people distinguish between the terms fairness and justice, with the former being concerned with how individuals treat each other on a day-to-day basis and the latter with the legal system and outcomes. The importance of injustice in any consideration of fairness and justice is shown in the way people felt they were treated during the decision-making processes and in the proposed or actual outcomes. Stakeholders experienced a variety of ways in which the process or outcome affected their lives: these included material, social and personal effects. A diversity of motivations for seeking justice emerged, including protection of livelihood and property rights, protection of community interests, maintaining environmental integrity, and justice as a means of valuing people's contribution to society. The thesis relates these findings to justice theories. Distinctions between justice and injustice are discussed: the thesis argues that justice can be conceptualised as an active process which prevents or remedies perceived injustice. The thesis explains why justice is important, not only to those directly affected by a decision, but also to those indirectly affected or onlookers. The thesis finds that in order for resource allocation decisions to be perceived as fair and equitable the three constructs of justice - distributive, procedural and interactional - are all required. A principal finding is that procedural justice and interactional justice are important in determining the acceptance of outcomes because they deliver things that people feel they are entitled to, such as respect, information and recognition of their right to be involved in a decision-making process. The thesis suggests the development of analytical tools based on justice constructs that can be used in decision-making processes in a proactive way to increase the acceptance of the outcome: theories of justice can be seen as a means and an end. Finally, the thesis explains why a theory of justice is required in decision-making within natural resource management.

The need for housing developments in South Africa has grown significantly over that last 12 years. On the one end of the scale there is the desperate need for housing by the homeless and on the other end there is substantial growth of the middleclass indicating better buying power and the explosion of the property market that made investment in housing very attractive. Examples of these two parallel levels of housing are the Sipumulele low cost housing development that is situated in the eThekwini Municipality and was developed by government. On the other side of the scale is the upmarket Koelwaters residential development situated on the South Coast of KwaZulu Natal in the Hibiscus Municipality and was developed by a private developer. In conjunction with this demand for housing there is also international pressure to comply with sustainable develop guidelines and approaches. Both these developments are situated on ecological sensitive land. As legal requirements both these developments were required to do scoping reports to assess their environmental impacts. In South African, Environmental Impact Assessments (EIA) for various new developments has been formally required in terms of Legislation for the last 8 years, although the legislation has been in place for the last 16 years. Is this legislation assisting in securing more sustainable development? It is agued that sustainable development should be founded on ecological justice principles. This research explores the concept of ecological justice and how it is linked with sustainable development. It identifies ecological justice principles that should be used in the compilation and assessment of EIAs. The field research explored how decision makers in practise are using the current legislation and if they are at all considering ecological justice in their decision making. This is done though a serious of interviews with the critical decision makers with regard to EIA's and key role players in the development process of specifically the two above mentioned housing projects. During the interviews qualitative questions were asked relating to the developments, the EIA process and ecological justice. There was a focus on interpreting the awareness of decision makers regarding development and layout and on improving developments to determine to what level they follow ecological justice principles. In the broader sense this research is contributing to the understanding of ecological justice and the clarifications of ecological justice principles. It also contributes to understanding the South African housing development context and the movement of South African Developments towards sustainability.
Thesis (M.Sc.)-University of KwaZulu-Natal, 2006

This research project focuses on decision-making about large hydropower dams, particularly the process and outcomes of impact assessment, involving state, corporations, and local Indigenous communities. The objective of the study is to investigate whether state-led impact assessment, as one tool of regulatory decision-making, can be a way to address environmental justice concerns for Indigenous peoples affected by natural resource infrastructure. The core of this research is a case study comparison between the Belo Monte dam (Brazil) and Site C dam (Canada) to examine the effectiveness of environmental impact assessment (EIA) and decision-making. I analyse these processes’ ability to address the inequities caused by disparate adverse effects of dams on Indigenous peoples. Despite evidence of the impacts of large dams on Indigenous peoples, there is limited literature on their experiences with large hydropower projects and their decision-making processes, and mechanisms that would account for Indigenous peoples’ experiences. This research aims to fill in that gap in the literature by exposing the limitations of impact assessment and proposing recommendations for environmental decision-making to address Indigenous peoples’ concerns and experiences. I start with a review of the development of the environmental justice (EJ) literature as the research’s analytical framework. Environmental justice focuses on diagnosing the inequities caused to localized communities under the argument of a necessary ‘smaller evil,’ so that the larger society may benefit from natural resources development. However, the research participants’ experiences pointed to the need to revise the EJ framework towards a more integral approach to environmental decision-making, recognising the fundamental relationship between land and human beings. This research project concludes that EJ for Indigenous peoples helps reinstate decision-making purposes – evaluating the impacts, proposing alternatives to projects, promoting transparency and accountability, and considering the possibility of rejecting projects – when done within a genuine government-to-government collaborative framework between state and Indigenous governments.
Graduate

碩士
國立臺灣大學
地理環境資源學研究所
90
The main purpose of this paper aims to explore the ideas and principles of environmental justice, and its role in environmental issues in Taiwan. The two research methods are based upon empirical observation and interviews, that include continuous observation on the installation process of one NIMBY facility－a garbage incinerator in South Tao-Yuan（ChungLi City）and interviews with related figures. Owing to lacking supplemental legal device, Environmental Impact Assessment serves as the primary and only requirement for the environmental policy implementation. Ignorance by the government agencies and mistrust by local residents continue to bring about conflicts between the two parties during the process of the incinerator implementation. This research emphasizes that environmental justice should evolve into the new orientation for government agencies when making NIMBY related policies. Public participation should also play a formal role in the formation of environmental policy and thus help the avoidance of infringe on the disadvantaged.

Dissertação de Mestrado em Direito apresentada à Faculdade de Direito
A presente dissertação trata da justiça ambiental e considera os catadores de materiais reutilizáveis e recicláveis no Brasil, analisando se os instrumentos jurídicos do direito do ambiente estão sendo efetivos em garantir direitos, justiça e dignidade para essa categoria. Para isso, aborda a democracia ambiental como importante instituto na promoção da cidadania ambiental, enfatizando que o direito do ambiente se apropriou disso para criar mecanismos jurídicos de combate às injustiças ambientais. Do mesmo modo, enfatiza o vínculo entre a justiça ambiental e os direitos humanos e a sua repercussão nos catadores enquanto vítimas da violação desses direitos. Nessa linha, utiliza a Convenção de Aarhus como exemplo de instrumento de democracia ambiental ao estabelecer um novo modelo na relação entre governo e sociedade, e no empoderamento do público na luta pela justiça ambiental com a oferta de ferramentas jurídicas que permitem a participação do púbico nos processos de tomada de decisões e no acesso à justiça em questões ambientais. Em seguida, enfatiza que a Convenção de Aarhus serviu de inspiração ao recém-criado Acordo de Escazú na América Latina e no Caribe, do qual o Brasil é signatário. Assim, trata da importância desse instrumento jurídico de direito do ambiente para esta região, no sentido da proteção do ambiente e da solução de conflitos ambientais em moldes semelhantes aos da Convenção de Aarhus, pois utiliza os mesmos pilares. Destaca que o Acordo de Escazú será uma ferramenta jurídica imprescindível no combate às injustiças ambientais vivenciadas pelos catadores no Brasil. Posteriormente, faz a análise de dois casos de injustiça ambiental envolvendo catadores, um no Brasil, e outro na Romênia, à luz da efetividade do direito do ambiente em garantir direitos e qualidade ambiental. Por fim, trata dos desafios enfrentados pelos catadores no Brasil após a criação da lei federal brasileira nº 12.305/2010, e analisa se essa legislação está sendo capaz de garantir e promover justiça ambiental para os catadores de materiais reutilizáveis e recicláveis no Brasil. Finalmente, aponta soluções para a maior efetividade do direito do ambiente nas questões envolvendo justiça ambiental.A presente dissertação trata da justiça ambiental e considera os catadores de materiais reutilizáveis e recicláveis no Brasil, analisando se os instrumentos jurídicos do direito do ambiente estão sendo efetivos em garantir direitos, justiça e dignidade para essa categoria. Para isso, aborda a democracia ambiental como importante instituto na promoção da cidadania ambiental, enfatizando que o direito do ambiente se apropriou disso para criar mecanismos jurídicos de combate às injustiças ambientais. Do mesmo modo, enfatiza o vínculo entre a justiça ambiental e os direitos humanos e a sua repercussão nos catadores enquanto vítimas da violação desses direitos. Nessa linha, utiliza a Convenção de Aarhus como exemplo de instrumento de democracia ambiental ao estabelecer um novo modelo na relação entre governo e sociedade, e no empoderamento do público na luta pela justiça ambiental com a oferta de ferramentas jurídicas que permitem a participação do púbico nos processos de tomada de decisões e no acesso à justiça em questões ambientais. Em seguida, enfatiza que a Convenção de Aarhus serviu de inspiração ao recém-criado Acordo de Escazú na América Latina e no Caribe, do qual o Brasil é signatário. Assim, trata da importância desse instrumento jurídico de direito do ambiente para esta região, no sentido da proteção do ambiente e da solução de conflitos ambientais em moldes semelhantes aos da Convenção de Aarhus, pois utiliza os mesmos pilares. Destaca que o Acordo de Escazú será uma ferramenta jurídica imprescindível no combate às injustiças ambientais vivenciadas pelos catadores no Brasil. Posteriormente, faz a análise de dois casos de injustiça ambiental envolvendo catadores, um no Brasil, e outro na Romênia, à luz da efetividade do direito do ambiente em garantir direitos e qualidade ambiental. Por fim, trata dos desafios enfrentados pelos catadores no Brasil após a criação da lei federal brasileira nº 12.305/2010, e analisa se essa legislação está sendo capaz de garantir e promover justiça ambiental para os catadores de materiais reutilizáveis e recicláveis no Brasil. Finalmente, aponta soluções para a maior efetividade do direito do ambiente nas questões envolvendo justiça ambiental.A presente dissertação trata da justiça ambiental e considera os catadores de materiais reutilizáveis e recicláveis no Brasil, analisando se os instrumentos jurídicos do direito do ambiente estão sendo efetivos em garantir direitos, justiça e dignidade para essa categoria. Para isso, aborda a democracia ambiental como importante instituto na promoção da cidadania ambiental, enfatizando que o direito do ambiente se apropriou disso para criar mecanismos jurídicos de combate às injustiças ambientais. Do mesmo modo, enfatiza o vínculo entre a justiça ambie
This dissertation focuses on environmental justice and the community of waste pickers in Brazil, and analyses whether environmental legal remedies have been effective in terms of providing rights, justice and dignity to the waste pickers community. Environmental democracy is examined as an important institution promoting environmental citizenship, and this dissertation emphasizes that environmental law should create legal tools to face environmental injustice. Likewise, the relation between environmental justice and human rights is examined, which brings repercussion to the scavengers who have been suffering with the violation of their rights. In this line, the Aarhus Convention is used as an example of an environmental democracy instrument when establishing a new model of relation between government and society, and how it empowers the public to fight for environmental justice given legal tools which allows the public to participate in decision-making procedures and access to justice in environmental matters. It is discussed how the Aarhus Convention was used as an inspiration in developing the newly created Escazú Agreement in Latin America and in The Caribbean, of which Brazil is a signatory. This judicial instrument (tool) is critical in this region for environmental protection and for environmental conflict resolution, in the same way as Aarhus Convention because both are using the same Pillars. It is clear the Escazú Agreement would be a crucial legal tool to face environmental injustice experienced by the waste pickers in Brazil. Two environmental injustice cases involving scavengers are examined, one in Brazil and another in Romania, in the light of environmental law effectiveness in providing rights and environmental quality. The challenges to be faced by waste pickers in Brazil are discussed, after the law nº 12.305/2010 entered into force. The legislation is analysed for capability to provide and promote environmental justice to the waste pickers in Brazil. Finally, some solutions are offered to maximise effectiveness of environment law.This dissertation focuses on environmental justice and the community of waste pickers in Brazil, and analyses whether environmental legal remedies have been effective in terms of providing rights, justice and dignity to the waste pickers community. Environmental democracy is examined as an important institution promoting environmental citizenship, and this dissertation emphasizes that environmental law should create legal tools to face environmental injustice. Likewise, the relation between environmental justice and human rights is examined, which brings repercussion to the scavengers who have been suffering with the violation of their rights. In this line, the Aarhus Convention is used as an example of an environmental democracy instrument when establishing a new model of relation between government and society, and how it empowers the public to fight for environmental justice given legal tools which allows the public to participate in decision-making procedures and access to justice in environmental matters. It is discussed how the Aarhus Convention was used as an inspiration in developing the newly created Escazú Agreement in Latin America and in The Caribbean, of which Brazil is a signatory. This judicial instrument (tool) is critical in this region for environmental protection and for environmental conflict resolution, in the same way as Aarhus Convention because both are using the same Pillars. It is clear the Escazú Agreement would be a crucial legal tool to face environmental injustice experienced by the waste pickers in Brazil. Two environmental injustice cases involving scavengers are examined, one in Brazil and another in Romania, in the light of environmental law effectiveness in providing rights and environmental quality. The challenges to be faced by waste pickers in Brazil are discussed, after the law nº 12.305/2010 entered into force. The legislation is analysed for capability to provide and promote environmental justice to the waste pickers in Brazil. Finally, some solutions are offered to maximise effectiveness of environment law.This dissertation focuses on environmental justice and the community of waste pickers in Brazil, and analyses whether environmental legal remedies have been effective in terms of providing rights, justice and dignity to the waste pickers community. Environmental democracy is examined as an important institution promoting environmental citizenship, and this dissertation emphasizes that environmental law should create legal tools to face environmental injustice. Likewise, the relation between environmental justice and human rights is examined, which brings repercussion to the scavengers who have been suffering with the violation of their rights. In this line, the Aarhus Convention is used as an example of an environmental democracy instrument when establishing a new model of relation between government and society, and

Diploma thesis aims at role of societies (as the predominant legal form of environmental non- govermental organizations in Czech republic) in the protection of environment. Author describes legal base of society as a type of legal person in a czech law and describes diverse roles of societies in the protection of environment in the subsequent part of the thesis. Afterwards, author briefly describes right to information in environmental matters which is a prerequistite for the participation of societies in decision-making concerning environmental matters. Individual forms of this participation are described subsequently with accent on environmental impact assessment. Lastly, access to justice in environmental matters of the societies is described, including possibility of arguing by substantive law in administrative law suits and possibility of asking for suspensive effect of this actions before court and possibility to bring an action against provisions of general character. Relevant judicial decisions are also taken into account in this part.

Role of civil associations in environmental protection ABSTARCT (Zusammenfassung) Das Ziel dieser Arbeit ist die Rolle eingetragenen Vereinen im Umweltschutz zu definieren. Eingetragene Vereine sind sog. Non-Profit-Organisationen, die das öffentliche Interesse am Schutz der Umwelt durchsetzen. Um diese Schlüsselfunktion zu erfüllen, müssen die Vereine als gleichberechtigter Partner der Staatsverwaltung betrachten werden. Ihre Hauptaufgaben umfassen vor allem praktische Naturschutz, Bildung und Aufklärung der Öffentlichkeit, Teilnahme an der Gesetzgebung des Umweltrechts als auch die Beteiligung an Entscheidungsverfahren in Umweltangelegenheiten. Alle oben genannten Aufgaben eingetragenen Vereinen im Umweltschutz gehören zum wichtigen Teil der Entwicklung offenen, und demokratischen Gesellschaft. Diese Arbeit besteht aus vier Hauptteilen, die weiter in Kapitel und Unterabschnitte unterteilt sind. Der erste Teil stellt die Einleitung des Themas dar, konzentriert sich auf die allgemeine konzeptionelle Grundlage und enthält drei Kapiteln. Das erste Kapitel widmet sich der Definition einer Non-Profit-Organisation und ihrer Bedeutung im Rechtstaat. Weiter konzentriere mich auf die Rechtsform eingetragenen Vereinen unter Berücksichtigung der Veränderungen des neuen Bürgerlichen Gesetzbuches, das das Konzept des...

: This thesis aims to analyze the case-law of the Court of Justice of the European Union in the field of legal protection of access to environmental decision making, with prejudice to the EIA process, consequently to ascertain the compliance of the legal order of the Czech Republic with the law of the European Union in the area of study and therefore assess the possibilities of the future developments in this matter. To do so, this thesis firstly describes the basic properties of access to environmental decision making and its legal basis both in the international law and the law of the European Union. Secondly, the pertinent statutes of the Czech Republic are analyzed in this regard on the basis of the Case C-368/09, Comission v. Czech Republic and then conclusion is reached that even after the amendment of Act No. 100/2001 Coll., on the ascertaining of effects on the environment, Czech Republic does not comply with the requirement to correctly transpose the European Union law. The analysis proceeds with next step to ascertain whether Czech Republic complies at least with the requirement to implement the European Union law accordingly. This goal is accomplished by analyzing the caselaw of the Court of Justice dealing with legal problems pertaining to the legal orders of Federal Republic of Germany...

Recently, South African company law underwent a dramatic overhaul through the introduction of the Companies Act 71 of 2008. Central to company law is the promotion of corporate governance: companies no longer are accountable to their shareholders only but to society at large. Leaders should direct company strategy and operations with a view to achieving the triple bottom-line (economic, social and environmental performance) and, thus, should manage the business in a sustainable manner. An important question in company law today: In whose interest should the company be managed? Corporate governance needs to address the entire span of responsibilities to all stakeholders of the company, such as customers, employees, shareholders, suppliers and the community at large. The Companies Act aims to balance the rights and obligations of shareholders and directors within companies and encourages the efficient and responsible management of companies. The promotion of human rights is central in the application of company law: it is extremely important given the significant role of enterprises within the social and economic life of the nation. The interests of various stakeholder groups in the context of the corporation as a “social institution” should be enhanced and protected. Because corporations are a part of society and the community they are required to be socially responsible and to be more accountable to all stakeholders in the company. Although directors act in the best interests of shareholders, collectively, they must also consider the interests of other stakeholders. Sustainable relationships with all the relevant stakeholders are important. The advancement of social justice is important to corporations in that they should take into account the Constitution, labour and company law legislation in dealing with social justice issues. Employees have become important stakeholders in companies and their needs should be taken into account in a bigger corporate governance and social responsibility framework. Consideration of the role of employees in corporations entails notice that the Constitution grants every person a fundamental right to fair labour practices. Social as well as political change became evident after South Africa's re-entry into the world in the 1990s. Change to socio-economic conditions in a developing country is also evident. These changes have a major influence on South African labour law. Like company law, labour law, to a large extent, is codified. Like company law, no precise definition of labour law exists. From the various definitions, labour law covers both the individual and collective labour law and various role-players are involved. These role-players include trade unions, employers/companies, employees, and the state. The various relationships between these parties, ultimately, are what guides a certain outcome if there is a power play between them. In 1995 the South African labour market was transformed by the introduction of the Labour Relations Act 66 of 1995. The LRA remains the primary piece of labour legislation that governs labour law in South Africa. The notion of industrial democracy and the transformation of the workplace are central issues in South African labour law. The constitutional change that have taken place in South Africa, by which the protection of human rights and the democratisation of the workplace are advanced contributed to these developments. Before the enactment of the LRA, employee participation and voice were much-debated topics, locally and internationally. In considering employee participation, it is essential to take due cognisance of both the labour and company law principles that are pertinent: the need for workers to have a voice in the workplace and for employers to manage their corporations. Employee participation and voice should be evident at different levels: from informationsharing to consultation to joint decision-making. Corporations should enhance systems and processes that facilitate employee participation and voice in decisions that affect employees. The primary research question under investigation is: What role should (and could) employees play in corporate decision-making in South Africa? The main inquiry of the thesis, therefore, is to explore the issue of granting a voice to employees in companies, in particular, the role of employees in the decision-making processes of companies. The thesis explores various options, including supervisory co-determination as well as social co-determination, in order to find solutions that will facilitate the achievement of employee participation and voice in companies in South Africa.
LLD, North-West University, Potchefstroom Campus, 2015