Green legal theory (GLT) is an overarching critical legal theory that uses many legal
ideologies and theories to review and improve the law concerning environmental issues.73 It
applies other legal ideologies and theories as its basis to examine whether the law functions to
resolve environmental problems.74 For example, GLT reconsiders the public trust doctrine that
holds that the government is a trustee of natural resources on behalf of the public and this
doctrine is embedded in many areas of law, such as the law of public domain and the law of
common goods.75 There are many perspectives from which GLT observes the law and legal
systems, e.g. the foundations of environmental law, economic impacts and incentives,
geographical dimensions, and eco-politics. Green legal theorists criticize environmental law
and seek alternatives to the new natural law, such as: indigenous peoples’ perspectives on
conservation, Eastern philosophy, “bottom up” approaches, and grassroots participation. GLT is the main theory I use in looking at CFM, as the main objectives of CFM are natural
resource management and forest conservation. The law concerning CFM consists of a set of
statutes on topics as varied as constitutional law, forestry law, and environmental law.
Understanding the implementation of CFM does not only involve knowing the relevant
statutes, but also involves comprehending the context of ideologies and legal doctrines
affecting people’s participation, government power, and the political, economical and social
influences on CFM. This kind of analysis is central to GLT. For this reason, I employ GLT as a
framework to guide my arguments.
Green legal theory (GLT) is an overarching critical legal theory that uses many legalideologies and theories to review and improve the law concerning environmental issues.73 Itapplies other legal ideologies and theories as its basis to examine whether the law functions toresolve environmental problems.74 For example, GLT reconsiders the public trust doctrine thatholds that the government is a trustee of natural resources on behalf of the public and thisdoctrine is embedded in many areas of law, such as the law of public domain and the law ofcommon goods.75 There are many perspectives from which GLT observes the law and legalsystems, e.g. the foundations of environmental law, economic impacts and incentives,geographical dimensions, and eco-politics. Green legal theorists criticize environmental lawand seek alternatives to the new natural law, such as: indigenous peoples’ perspectives onconservation, Eastern philosophy, “bottom up” approaches, and grassroots participation. GLT is the main theory I use in looking at CFM, as the main objectives of CFM are naturalresource management and forest conservation. The law concerning CFM consists of a set ofstatutes on topics as varied as constitutional law, forestry law, and environmental law.Understanding the implementation of CFM does not only involve knowing the relevantstatutes, but also involves comprehending the context of ideologies and legal doctrinesaffecting people’s participation, government power, and the political, economical and socialinfluences on CFM. This kind of analysis is central to GLT. For this reason, I employ GLT as aframework to guide my arguments.
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