Book Description

The idea of an Environmental Democracy comes from the attempt of seeking a theoretical legal solution without twisting the political system and finding a different way to use the democratic concept and tool. In order to achieve this objective. Chapter I "Environmental Democracy: A Theoretical Construction" presents the conceptual building blocks of this thesis' approach, suggesting the possible transformation of the actual political and legal structures into an "Environmental Democracy".Before speaking about the elements - form, space and actors - which compose Environmental Democracy, it is necessary to analyze in Section I of this Chapter, titled "Environmental Democracy", what the notions of "Democracy" and "Environment" in the thesis'prospective encompass. The second point, which is studied in the Section II of Chapter I, called "The Actors of Environmental Democracy: The Environmental and Ecological Citizen". Every individual has to rediscover what environmental rights are, whichcomes from the fact that he exists as a human being and that also without their explicit granting, that those rights nevertheless exist beyond. In the same time, just as with regard to environmental rights, also ecological duties exist beyond any recognition. In other words, from the mere fact that we are alive, we have rights and duties vis-à-vis ourselves and Earth. It is just a status, the life status. Environmental Democracy should be implemented at a global and local level to better answer to global and local environmental problems. In the light of the theoretical construction of Environmental Democracy and its elements, Chapter II, titled "Environmental Democracy in an International Context", examines Environmental Democracy at the global level by referring to international legal instruments and Chapter III, namely "Environmental Democracy in a European Context", examines Environmental Democracy at local level by referring to European Union Law. Both Chapters present therefore a synopsis of the provisions of two branches of law, international law and European Community law, which regulate or concern directly or indirectly the construction of an Environmental Democracy.