Responsibility for Environmental Damage

Okowa, Phoebe N.

doi:10.4337/9781849807265.00026

Cited by 5 publications

(5 citation statements)

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“…Although "government consequence of individuals the people, by the people, and for the people" is the most frequently used definition of democracy. According to Okowa (Okowa 2015), democracy can be nurtured and sustained on the principles of popular sovereignty, majority rule, and the understanding that winning elections does not guarantee democracy. People define democracy as a political system in which people have access to a range of fundamental civil and political rights, and their most influential political figures are chosen in free and fair elections and held to account by the rule of law (Dalton et al 2007).…”

Section: The Propositionmentioning

confidence: 99%

Media Literacy, active citizenship and sustainable democracy: a case study of Slovenia

Uršič,

Jurak

2023

Politics in Central Europe

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This article shares research findings to support the case for media literacy education to facilitate robust media engagement by Slovenian citizens. It shares the outcomes of a project MELIA Observatory funded by the Interreg Danube, which brought together researchers, practitioners, professionals, civil society, and key stakeholders, including journalists, teachers, students, librarians and information professionals. The article aims to evaluate state-of-the-art of media literacy and engaged social responsibility within sustainable democracy in Slovenia. We first present public institutions involved in Slovenian where we include media regulation with a focus on media literacy and its implications for active citizenship and sustainable democracy. Secondly, laws governing all aspects of media are presented, again emphasizing the connection between media literacy and active citizenship which is most evident here. From the findings, media education requires a “reboot” to promote critical resilience through a sophisticated academic deconstructionism of media mixed with theorised production of the same media before it can be successful. Slovenia as a representative partner of the MELIA Observatory is a new democracy, and its democratic consolidation processes have been problematic, as seen by issues of political aspects, hate speech, discrimination, misinformation, and weak media freedom regimes.

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Section: The Propositionmentioning

confidence: 99%

Media Literacy, active citizenship and sustainable democracy: a case study of Slovenia

Uršič,

Jurak

2023

Politics in Central Europe

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“…Researchers have underestimated the application of the principle of non-harm in situations where harm is caused not directly by a single source. 69 Therefore, with regard to climate change, it is not easy to detect a violation of the customary obligation to prohibit cross-border damage because this obligation is not well established in the customary international law, and its limits are not clear. 70…”

Section: Evaluating the Viability In Determining The Breach Of Obligationmentioning

confidence: 99%

From Kyoto to Paris: Problematic route of state responsibility for climate change

Turkamani¹

2021

Environmental Law Review

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Anthropogenic climate change is one of the effects of carbon dioxide emissions from the use of fossil fuels. The Climate Change International Legal Regime consisting of primary rules set out in international treaties has been established to reduce greenhouse gas emissions. Due to the lack of special secondary rules in this regime, a violation of its primary rules leads to applying the general rules of state responsibility in DARSIWA. The question is whether these general rules are compelling enough. The article shows that the attribution of GHG emissions to states is complex due to the lack of a specific causal relationship and diversity of GHG emitters. In addition, there is no absolute and comprehensive obligation for GHG emission under the climate change legal regime, which could hold the emitting state responsible. In addition, assuming the compensation as an inherent consequence of responsibility, state accountability rules cannot effectively deal with climate change because of the cumulative nature of damages and the discarding of compensation from the relevant treaties, particularly from the Paris Agreement. Therefore, in addition to the legal liability of states, other dimension of their responsibility including ethical responsibility should also be considered as much as possible.

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“…The existence of 'natural disasters' or 'emergencies' triggers the duty to notify under Principle 18. 66 Notably, the Draft Articles on the Protection of Persons in the Event of Natural Disasters 67 adopted by the ILC in 2016 define the term 'disaster' as 'a calamitous event' resulting in 'widespread loss of life, great human suffering and distress … or large-scale material or environmental damage, thereby seriously disrupting the functioning of society', 68 whereas the word 'emergencies' is interpreted to mean the circumstances 'that cause, or pose an imminent threat of causing, serious harm'. 69 Nowadays, Principle 18 is even extended to man-made disasters, 70 and it apparently entails a higher gravity threshold.…”

Section: Post-disaster Notificationmentioning

confidence: 99%

“…69 Nowadays, Principle 18 is even extended to man-made disasters, 70 and it apparently entails a higher gravity threshold. 71 Having said that, it is suggested that so long as the activity in question is intrinsically hazardous or if it is located in close proximity to an area of significant ecological importance, there exists a presumption of gravity. 72 If this view is accepted, outer space activities which are in general considered par excellence ultrahazardous 73 should be presumed to present an element of gravity and thus warrant notification.…”

Section: Post-disaster Notificationmentioning

confidence: 99%

A Fresh View on the Outer Space Treaty

2018

Studies in Space Policy

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Responsibility for Environmental Damage

Cited by 5 publications

References 0 publications

Media Literacy, active citizenship and sustainable democracy: a case study of Slovenia

Media Literacy, active citizenship and sustainable democracy: a case study of Slovenia

From Kyoto to Paris: Problematic route of state responsibility for climate change

A Fresh View on the Outer Space Treaty

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