This thesis was developed to investigate the current models of sustainable development and architectural working and design practice and process to respond to the challenges of the current era defined as the Information Age. This thesis proposes a new model of sustainable development aligned to architecture and the Information Age, and a new integrated systems-design methodology to support it. Buildings were defined by le Corbusier in 1927 as ‘machines for living in’1 on the premise that these buildings facilitated our day-to-day user experience. The role of architecture as a facilitator for a sustainable existence is therefore subject to continued investigation. While there has been an increasing interest in environmental issues and ‘green building’, built environments have consequently failed to effectively holistically integrate core sustainable development principles in architecture. When compared to the definition of sustainable development in the UN Brundlandt Report of 1987, further research into an architectural design methodology is required to enable and plan for the long-term success of our built environments for current and, importantly, future generations. The practices and production of architecture risk being limited to reactively monitoring the design and construction processes for fixed moments in time, usually after the problem has presented itself. This is representative of localised, yet much publicised trends involving quantifiable rating systems for building performance. This does not contribute to long-term sustainability of the architectural product, nor the core principle of sustainable development to adequately meet the needs of current and future generations. The gravitation towards these easily-followed, yet limited-in-scope checklist processes is symptomatic of concepts of sustainable development remaining too broad and fragmented to facilitate focused, industry-appropriate implementation and design. The digital and information-based revolution has arrived, and humankind has now progressed to the point where constant and pervasive access to information and communication in a world of connected systems has changed the way we live and work. This is occurring at an exponential rate within what have been termed ‘knowledge-based societies’. Furthermore, the influence of the Information Age continues to manifest itself in the built environment through advancement of concepts and initiatives such as Smart Cities, intelligent buildings, and the Internet of Things. However, architectural approach and its emphasis on the building as a finite product comes at the expense of a holistic and integrated systems approach, and therefore requires investigation towards a revised design methodology. This thesis will begin by investigating the concept of sustainable development from its original inception to existing interpretations, and will interrogate its continued significance as a decades-old concept to the Information Age. This will be undertaken on the basis that sustainable development primarily aligns itself to the needs of humankind (current and future generations) and as such remains timeless as a core concept. However, the criteria that define sustainable development require investigation based on: a) their suitability towards human need in the context of knowledge-based societies and the Information Age, as well as b) their appropriateness for focused implementation in the scope of the built environment. In this aim, newly proposed criteria will be assimilated into a revised model for sustainable development, from which a methodology for design is developed. This will address the nature of the architectural process towards the creation of sustainable building solutions as a function of a systems approach, rather than a product approach. An integrated systems-design methodology is proposed, promoting the evolution of sustainable development theory in architecture for greater applicability to the Information Age. This systems-design methodology proactively identifies criteria for solving a given problem and the development of alternative solutions, while the proposed revised model for sustainable development is integrated to achieve a holistic building solution based on a systems process. This is inclusive of product (systems solution) delivery into the operation phase. The designer and project information model therefore transition into ‘information custodian’ and repository for knowledge gathering and exchange respectively, to the benefit of current and future stakeholders. This is addressed through various stages in design development and implementation, which apply contextually-based requirements of proposed sustainable development criteria, while catering for aspects of future flexibility, user experience, and knowledge-based development. This methodology expects the design practitioner to apply multi-dimensional evaluation and assessment tools at their discretion, and accommodate changing project dynamics over its life cycle. This implementation will benefit from future research and the introduction of new technologies to aid the process. This may furthermore be affected by new regulatory policy and guidelines affecting architects and the built environment. / Thesis (PhD)--University of Pretoria, 2018. / Architecture / PhD / Unrestricted

The idea of recognizing the Rights of Nature has emerged as a response and an alternative source of stimulus to tackle today’s environmental problems causing eco-anxiety. This study intends to give insight on how a high level of environmental awareness can contribute substantially to a balanced relationship with Nature. In addition, the study aspires to inspect whether diverse knowledge systems on harmonious development processes can facilitate a new system of relationships between people and Nature. It follows that one of the main aims of this thesis is also to explore how the compound perspectives of different scientific disciplines on the concept of sustainability, especially environmental sustainability, can work together to deliver a strong and unified message to societies: a message at the heart of which is a transformational social change in the way Nature is perceived and treated. The legal recognition of Nature’s intrinsic value is at the centre of this emerging paradigm shift, reflecting a comprehensive people-oriented approach towards Nature. In this light, the study seeks to explore the possible changes which would take place if Fulufjallet National Park embedded in the Scandinavian Wilderness area became a rights-bearing subject of the law. The research is supported by a discourse analysis methodology which has identified a framework of a three-level system of relationships representing a potential shift in the current paradigm of sustainable development in the context of the protected area in the Swedish high mountains. It has been found that acknowledging the legal subjectivity of the national park as a whole, as well as of the natural treasures and the plant and animal kingdoms within it, may encourage people to discover the core value of Nature from an Earth-centered perspective. Furthermore, based on the results of data analysis, the principles and values behind the unique Swedish law called the Right of Public Access may open up a new dimension in the respectful social relations between individuals and Nature by fostering the implementation of the concept of the Rights of Nature and Earth Jurisprudence anywhere in the country.

Unless subjected to skeptical and conscious scrutiny, environmentally-friendly ocean energy technologies can become “Trojan machines of social inequity” due to the subtle re-organizing influences of technologies on culture and the society. Environmental laws that promote or regulate ocean energy technologies can act as “Trojan legal regimes” in the absence of a framework for assessing and anticipating their adverse impacts on social justice. “Environmental justice” is inadequate for this task, so an alternative framework is proposed: ecological social justice, drawn from the Third World’s perspective of sustainable development as equitable sharing. Though overshadowed by the prevalent notion of sustainable development as limits to growth, a review of international environmental law shows that the ideas of equitable sharing have persisted, underpinning demands for more equitable distribution of resources and environmental amenities, greater public participation in decision-making, and special attention in favor of specified social groups. Beginning with the critiques of environmental justice and then drawing upon a substantivist view of the role of the Economy as an ecological link between Society and Nature, a sketch of ecological social justice is drawn. The assessment of whether specific legal regimes or their implementation promote or hinder social justice revolve around three focal points: distribution, recognition, and participation, and pay special attention to the role of culture and power in society. The assessment also incorporates and emphasizes the ‘local’ conception of social justice in order to remain true to its ‘ecological’ character. To demonstrate, the paper conducts detailed case studies of the Philippines. The 1987 Constitution established a right to environment as a result of the historical evolution of a constitutional policy of promoting social justice, This caused Philippine environmental and ocean resource laws to incorporate provisions that promote ecological social justice. Analysis of Philippine ocean environment and energy laws and two internationally-recognized ocean energy projects reveals insights into how even the most environmentally-friendly but complex technologies can lead to domination and oppression, and how guiding ideals of equitable sharing at the local levels can lead to more socially-just solutions.

Human induced climate change poses a series of ethical challenges to the current political economy, although it has often be regarded by economists as only an ethical issue for those concerned about future generations. The central debate in economics has then concerned the rate at which future costs and benefits should be discounted. Indeed the full range of ethical aspects of climate change are rarely even discussed. Despite recent high profile and lengthy academic papers on the topic the ethical remains at best superficial within climate change economics. Recognising the necessary role of ethical judgment poses a problem for economists who conduct exercises in cost-benefit analysis and deductive climate modelling under the presumption of an objectivity that excludes values. Priority is frequently given to orthodox economic methodology, but that this entails a consequentialist utilitarian philosophy is forgotten while the terms of the debate and understanding is simultaneously restricted. We set out to raise the relevance of a broader range of ethical issues including: intergenerational ethics as the basis for the discount rate, interregional distribution of harm, equity and justice issues concerning the allocation of carbon budgets, incommensurability in the context of compensation, and the relationship of climate ethics to economic growth. We argue that the pervasiveness of strong uncertainty in climate science, incommensurability of values and nonutilitarian ethics are inherent features of the climate policy debate. That mainstream economics is ill-equipped to address these issues relegates it to the category of misplaced concreteness and its policy prescriptions are then highly misleading misrepresentations of what constitutes ethical action. (authors' abstract) / Series: SRE - Discussion Papers

隨著退休人口不斷的增加，加以政府的財政困難，各國無不加速年金改革的腳步，希望能建立一個財務永續、世代公平，且滿足社會保障需求的年金制度。臺灣的退休金制度長期以來處於提撥率遠低於精算平衡費率的狀態，加上不斷增長的潛藏負債，使得退休金制度將面臨破產的考驗。本研究針對公教人員退撫基金進行財務分析探討，發現對目前正在繳納的年輕世代，若不積極採取適當的年金改革方案，終將成為了繳多卻領少，或甚至領不到的一群人，未來可能缺乏老年經濟安全的保障，造成世代不均，形成嚴重的社會問題。 理想的退休金制度應該同時兼顧老有所養的目的與世代的公平，倘若不斷降低給付支出以達到財務平衡，對於民眾的老年經濟卻造成嚴重的威脅，也不是恰當的方案。研究結果顯示，改革的幅度若是太小，年輕世代(30歲)退休金的金錢價值比約為1；而年長世代(60歲)則約為2.5。而若是將改革的幅度提高，則年輕世代金錢價值比為1.05；而年長世代則約為2.4，均得出確實存在世代公平性的問題。因此，將年輕世代的退休金制度漸進地轉換成確定提撥制(DC)或許是更為理想的改革方式；而採用確定給付制的人，透過政府挹注、減少相當的給付或持續提撥保費，讓世代間透過包容、互助的精神，使得年金改革的路程能夠更正確更為有效，促成社會祥和，才能讓臺灣的年金制度永久的走下去。 / Because of the increased retirement population and the government's financial difficulties, all countries will accelerate the pace of annuity reform. Hoping to establish a financial sustainability, fair pension system and meet the social security needs of the annuity system. In this study, we discuss the financial analysis of the public Service Pension Fund and find that the young generation will become a group of people who receive less pensions. If we do not take the appropriate annuity reform plan, the pension fund will not provide economic security in the old age. The ideal pension plan should have the function of taking care the elderly and the intergenerational equity. If we continue to reduce the pension payment in order to achieve financial balance, the elderly economy will be threated seriously. It’s not a good and appropriate reform. The research results show that if the magnitude of the reform is too small, the money’s worth ratio of the young generation (30 years) pension is about 1; and the older generation (60 years) is about 2.5. And if the magnitude of reform is increased, the money’s worth ratio of the young generation is 1.05; and the older generation is about 2.4. All have the problem of the intergenerational equity. Thus, the pension plan of young generation changes into the defined contribution plan slowly. It may be a more ideal reform. And the people who use defined benefit plan have to reduce the payments, continue to pay premium into pension fund and the government provides the subsidies. So that the generations through the spirit of mutual assistance, it will make the journey of annuity reform can be more effective.

Esta dissertação tem por objetivo analisar criticamente a governança das receitas públicas de recursos naturais não renováveis no Brasil. Considerando a característica essencial de finitude dos recursos naturais explorados, que importa também em negar às gerações pósteras o acesso aos bens minerais e petrolíferos, impõe-se reconhecer nos diversos aspectos dessa governança a necessidade de tratar essa receita de forma singular. Para compreender quais são estas especificidades, foram eleitos dois eixos de análise: o primeiro, com a revisão da literatura sobre a maldição dos recursos naturais, a doença holandesa, e fenômenos (especialmente econômicos) relacionados à exploração mineral; e o segundo, com consulta à doutrina de diversos ramos (no Direito e fora dele) sobre a noção de justiça, solidariedade ou equidade entre gerações, bem como com a busca de especificação do conteúdo desta perspectiva, que se aplica a diversas áreas do Direito, inclusive e especialmente ao Direito Financeiro. Com essas bases, elegem-se aspectos da governança brasileira de royalties a serem analisados: o federalismo fiscal dessas receitas públicas patrimoniais; a forma de tratamento financeiro-orçamentário dos royalties, especialmente sua classificação consoante a Lei nº 4.320/1964; a utilização de Fundos para gestão dessas receitas (o Fundo Social); a relação entre a arrecadação de royalties e a arrecadação tributária, especialmente nos entes subnacionais beneficiados em grande monta com essas receitas patrimoniais; os modos de direcionamento e coação que a lei impõe ao gestor no gasto dos royalties; a transparência fiscal brasileira; e, de forma ampla, as recentes alterações (efetivadas e propostas) nas leis que regem as explorações de minérios e de petróleo no país. Conclui-se que, apesar de o ordenamento jurídico brasileiro ter avançado significativamente em alguns desses aspectos recentemente (especialmente com a criação do Fundo Social no âmbito da União, e no que diz respeito à transparência fiscal relacionada à atividade exploratória), ele não está, sob as perspectivas de análise escolhidas, adequadamente aparelhado para a governança das receitas públicas de recursos naturais não renováveis. / This dissertation aims to critically analyze the Brazilian governance of public revenues from nonrenewable natural resources. Considering that finiteness is an essential characteristic of natural resources that are exploited, which implies in denying future generations the access to mineral and oil assets, one must acknowledge, in various aspects of governance, the necessity to treat these revenues singularly. To understand what these specificities are, two axes of analysis were elected: the first envolves revisiting the curse of natural resources, the Dutch disease, and phenomena (especially those of economic nature) related to the mineral exploitation; and the second involves consulting doctrine of different areas of study (in and out of Law) about notions of justice, solidarity or equity between generations, as well as searching for specification of this content, which applies to various areas of Law, including and especially Public Finance Law. Building on these foundations, some aspects of Brazilian governance of royalties were elected to be analyzed: fiscal federalism applied to these public revenues; the financial-budgetary treatment of royalties, especially its classification under Law nº 4.320/1964; the utilization of Funds to manage these revenues (the Social Fund); the relationship between the collection of royalties and the collection of taxes, especially in subnational governmental entities largely benefited by these revenues; the ways the law directs and coerces the expenditure of royalties; Brazilian fiscal transparency; and, broadly, the recent modifications (finished and proposed) in the laws that conduct the exploitation of minerals and oil in the country. It is concluded that, although the Brazilian legal system has advanced significantly in some aspects as of late (especially the creation of the Social Fund by the central government, and in respects to fiscal transparency related to the exploratory activities), it is not, under the elected perspectives of analysis, adequately prepared to regulate the governance of public revenues originating from exploration of nonrenewable natural resources.

Esta dissertação tem por objetivo analisar criticamente a governança das receitas públicas de recursos naturais não renováveis no Brasil. Considerando a característica essencial de finitude dos recursos naturais explorados, que importa também em negar às gerações pósteras o acesso aos bens minerais e petrolíferos, impõe-se reconhecer nos diversos aspectos dessa governança a necessidade de tratar essa receita de forma singular. Para compreender quais são estas especificidades, foram eleitos dois eixos de análise: o primeiro, com a revisão da literatura sobre a maldição dos recursos naturais, a doença holandesa, e fenômenos (especialmente econômicos) relacionados à exploração mineral; e o segundo, com consulta à doutrina de diversos ramos (no Direito e fora dele) sobre a noção de justiça, solidariedade ou equidade entre gerações, bem como com a busca de especificação do conteúdo desta perspectiva, que se aplica a diversas áreas do Direito, inclusive e especialmente ao Direito Financeiro. Com essas bases, elegem-se aspectos da governança brasileira de royalties a serem analisados: o federalismo fiscal dessas receitas públicas patrimoniais; a forma de tratamento financeiro-orçamentário dos royalties, especialmente sua classificação consoante a Lei nº 4.320/1964; a utilização de Fundos para gestão dessas receitas (o Fundo Social); a relação entre a arrecadação de royalties e a arrecadação tributária, especialmente nos entes subnacionais beneficiados em grande monta com essas receitas patrimoniais; os modos de direcionamento e coação que a lei impõe ao gestor no gasto dos royalties; a transparência fiscal brasileira; e, de forma ampla, as recentes alterações (efetivadas e propostas) nas leis que regem as explorações de minérios e de petróleo no país. Conclui-se que, apesar de o ordenamento jurídico brasileiro ter avançado significativamente em alguns desses aspectos recentemente (especialmente com a criação do Fundo Social no âmbito da União, e no que diz respeito à transparência fiscal relacionada à atividade exploratória), ele não está, sob as perspectivas de análise escolhidas, adequadamente aparelhado para a governança das receitas públicas de recursos naturais não renováveis. / This dissertation aims to critically analyze the Brazilian governance of public revenues from nonrenewable natural resources. Considering that finiteness is an essential characteristic of natural resources that are exploited, which implies in denying future generations the access to mineral and oil assets, one must acknowledge, in various aspects of governance, the necessity to treat these revenues singularly. To understand what these specificities are, two axes of analysis were elected: the first envolves revisiting the curse of natural resources, the Dutch disease, and phenomena (especially those of economic nature) related to the mineral exploitation; and the second involves consulting doctrine of different areas of study (in and out of Law) about notions of justice, solidarity or equity between generations, as well as searching for specification of this content, which applies to various areas of Law, including and especially Public Finance Law. Building on these foundations, some aspects of Brazilian governance of royalties were elected to be analyzed: fiscal federalism applied to these public revenues; the financial-budgetary treatment of royalties, especially its classification under Law nº 4.320/1964; the utilization of Funds to manage these revenues (the Social Fund); the relationship between the collection of royalties and the collection of taxes, especially in subnational governmental entities largely benefited by these revenues; the ways the law directs and coerces the expenditure of royalties; Brazilian fiscal transparency; and, broadly, the recent modifications (finished and proposed) in the laws that conduct the exploitation of minerals and oil in the country. It is concluded that, although the Brazilian legal system has advanced significantly in some aspects as of late (especially the creation of the Social Fund by the central government, and in respects to fiscal transparency related to the exploratory activities), it is not, under the elected perspectives of analysis, adequately prepared to regulate the governance of public revenues originating from exploration of nonrenewable natural resources.

This thesis examines stabilizing mechanisms in social security retirement systems (“SSRS”), especially those purporting to be automatic balancing mechanisms (“ABM”). It develops a consistent approach to identifying whether an ABM is robust, partial or transitory and establishes a terminology to classify balancing mechanisms. Both financial and equitable balances are considered in assessing whether an ABM achieves balance. Families of definitions of equity are presented and a benchmark by which to measure equitable balance is defined and applied. The balancing mechanisms of Canada, Germany, Japan and Sweden are described, evaluated and classified. None of these mechanisms are found to be robust. This thesis provides a critical analysis of an approach referred to as integration to financial markets and the approach is found to be deficient. In analyzing the Swedish SSRS a critical error in the way assets are calculated is identified and a suitable correction is proposed. A further weakness in the application of the Swedish ABM is identified that means that once an imbalance occurs, balance is unlikely to be restored. The thesis also discusses some of the unusual characteristics of the steady-state contribution rate calculation for the Canadian SSRS and shows that although it has limited application and does not appear to depend on any actuarial principle, the steady-state contribution rate calculation creates a tension between the near and distant future, which is a factor in achieving financial balance over a seventy-five year horizon. With respect to the balancing mechanism in the Canadian SSRS, the thesis proposes a change in how the mechanism is defined so that the mechanism would be robust, within certain ranges.

This thesis examines stabilizing mechanisms in social security retirement systems (“SSRS”), especially those purporting to be automatic balancing mechanisms (“ABM”). It develops a consistent approach to identifying whether an ABM is robust, partial or transitory and establishes a terminology to classify balancing mechanisms. Both financial and equitable balances are considered in assessing whether an ABM achieves balance. Families of definitions of equity are presented and a benchmark by which to measure equitable balance is defined and applied. The balancing mechanisms of Canada, Germany, Japan and Sweden are described, evaluated and classified. None of these mechanisms are found to be robust. This thesis provides a critical analysis of an approach referred to as integration to financial markets and the approach is found to be deficient. In analyzing the Swedish SSRS a critical error in the way assets are calculated is identified and a suitable correction is proposed. A further weakness in the application of the Swedish ABM is identified that means that once an imbalance occurs, balance is unlikely to be restored. The thesis also discusses some of the unusual characteristics of the steady-state contribution rate calculation for the Canadian SSRS and shows that although it has limited application and does not appear to depend on any actuarial principle, the steady-state contribution rate calculation creates a tension between the near and distant future, which is a factor in achieving financial balance over a seventy-five year horizon. With respect to the balancing mechanism in the Canadian SSRS, the thesis proposes a change in how the mechanism is defined so that the mechanism would be robust, within certain ranges.

This thesis brings together two responses to the question ‘how can the law extend the timeframe for environmentally relevant decision-making?’ The first response is drawn from the context of institutional investment, and addresses the timeframe and breadth of environmental considerations in pension fund investment decision-making. The second response is related to the context of public environmental decision-making by legislators, the judiciary, and administrators. Three themes underlie and bind the thesis: the challenges to decision-making posed by the particular temporal and spatial characteristics of environmental problems, the existence and effects of short-termism in a variety of contexts, and the legal notion of the trust as a means for analysing and addressing problems of a long-term or intergenerational nature. These themes are borne out in each of the four substantive chapters. Chapter III sets out to demonstrate the theoretical potential of pension funds to drive the reduction of firms’ environmental impact, and, focusing particularly on the notion of fiduciary duty, explores the barriers that stand in their way. Chapter IV provides a practical application of the theoretical recommendations outlined in its predecessor. It provides a framework outlining how pension funds might implement a longer term, more sustainable approach to investing. The second half of the thesis, operating in the context of public environmental decision-making, is centred upon a particularly poignant legal notion with respect to the environment and time: the concept of intergenerational equity. Just as the first half of the thesis deals with the timeframes relevant to investment decision-making by pension funds within the bounds of fiduciary duty, largely a private law affair with public implications, the second half of the thesis is concerned with the principle of intergenerational equity as a means for extending the decision-making timeframe of legislative, judicial and administrative decision-makers. As previous analyses of the concept of intergenerational equity provide little insight into its practical implications when applied to particular factual situation, Chapter V sets out the structure of the principle of intergenerational equity as revealed by case law. Chapter VI brings together the issues from the first three papers by conceptualising intergenerational equity in resource management as an issue of long-term investment. Long-term environmental decision-making faces many obstacles. Individual behavioural biases, short-term financial incentive structures, the myopic pressures of the electoral cycle and the tendency of the common law to reinforce the (often shorttermist) status quo all present significant barriers to the capacity of both private and public decision-makers to act in ways that favour the longer term interests of the environment. Nonetheless, this thesis argues that there is reason for hope: drawing upon the three themes that underlie all of the substantive Chapters, it articulates potential legislative changes and recommends the adoption of particular governance structures to overcome barriers to long-term environmental decision-making.