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Sustainability and Justice - Conceptual Foundations and Cases in Biodiversity and Fishery Policy
(2014)
Sustainability aims at justice in a threefold sense: intragenerational justice, intergenerational justice, and justice towards nature. However, the justification, specific content and practical implications of justice claims and obligations in the sustainability context often remain underspecified. This dissertation therefore asks: How can the concept of justice be structured systematically? How can justice be specified in the context of sustainability? Which specific problems of justice arise in sustainability policy? And what are the respective contributions of (sustainability) economics and (sustainability) ethics? The five papers of this cumulative dissertation approach these issues from different angles, working at the conceptual level and at the level of cases from biodiversity and fishery policy. In Paper 1, a formal conceptual structure of justice is developed, which lists the conceptual elements of justice conceptions: the community of justice including claim holders and claim addressees, their claims (and corresponding obligations), the judicandum (that which is to be judged as just or unjust), the informational base for the assessment, the principles of justice, and on a more practical level, the instruments of justice. By specifying these conceptual elements of justice, it is possible to analyse and compare different conceptions of justice. In Paper 2, the normative dimension of sustainability is discussed in terms of justice. Based on the identification of certain core characteristics of the concept of sustainability, we determine the specific challenges of justice in the context of sustainability along the conceptual structure of justice (from Paper 1). Inter alia, we show that sustainability calls for the integration of justice claims in the relationships with contemporaries, future humans and nature in a non-ideal context characterized by uncertainty, systemic mediation and limits. Paper 3 addresses the contribution of economics to the assessment of trade-offs between intergenerational and intragenerational justice. Economic analysis can delineate the opportunity set of politics with respect to the two justice objectives and identify the opportunity cost of attaining one justice to a higher degree. While the two justices are primary normative objectives, the criterion of efficiency - when directed at the attainment of these justice objectives - has the status of a secondary normative objective. Paper 4 constitutes a case study, reconstructing the ´biopiracy´ debate from a justice perspective. The paper links to the so called Access and Benefit-Sharing framework of the Convention on Biological Diversity, and addresses the question, which problems of justice arise regarding the utilization of genetic resources and traditional knowledge, especially if associated with patenting. It is shown that the predominant perspective of justice-in-exchange is insufficient and therefore complementary conceptions, namely of distributive justice, corrective justice and structural justice have to be taken into account. Paper 5 empirically assesses the justice notions of stakeholders in the Newfoundland fishery, building on qualitative semi-structured interviews and a combination of inductive and deductive coding. A central result is that inshore fishers are seen as the main claim holders, with a claim to participate and being listened to, and the opportunity to make a living from the fishery. Recognition, participation and distribution are all important domains of justice in the context of the Newfoundland fishery. The paper also discusses the relationship between normative theorizing and empirical justice research. Overall, this thesis integrates ideal and non-ideal normative theorizing, economic analysis, empirical justice research and hints at institutional implementation in the debate on sustainability and justice.