Transnational Environmental Law最新文献

This article investigates whether environmental planning law can demonstrate ethical responsibility for its role in settler colonialism. Planning law contributes to settler colonialism by diminishing, excluding, and eliminating alternative views of land that are fundamental to First Nations culture, philosophy, and law/lore. The article adopts a transnational legal frame that recognizes and promotes First Nations as sovereign. The investigation is focused primarily on the planning law system in New South Wales (NSW), Australia, while being guided by interpretations and applications of the rights of First Nations peoples by courts in Canada. It is argued that state planning law in NSW fails to give effect to ethical responsibility because its operation continues to dominate and marginalize Aboriginal legal culture by eroding the necessary ontological and epistemic relationships with land. However, there is potential for change. Opportunities to disrupt settler colonialism have emerged through bottom-up litigation, which has promoted interpretations, applications, and implementation of law that can be performed in ways that resonate with Canadian case law. While the absence of treaty or constitution-based rights protection in NSW and Australia means that the transplant is not seamless, the article argues that laws should not be interpreted and applied in ways that perpetuate settler colonialism where alternative interpretations can lead to a different outcome.

The Supreme Court of India's judgment in Vedanta Ltd v. State of Tamil Nadu and Others, affirming the closure of Vedanta's copper smelting plant in Tuticorin in southern India, concludes a long and contentious chain of litigation. The plant's troubled history and the ensuing litigation reflect contestations between economic development, environmental and social devastation, human well-being, and corporate responsibility, which are often characteristic of environmental litigation in the global south. This article analyzes the significance of the Indian Supreme Court's reliance on established constitutional rights principles as well as settled environmental jurisprudence, and highlights the relevance of this judicial pronouncement for climate litigation in the global south.

The interface of science and law is a territory frequently occupied by policymakers. In facilitating this interface, epistemic communities have become significant influencers in policymaking, especially at the European Union (EU) level, as a result of its complex multilevel governance system. In this article we assess the quality and nature of interactions between epistemic communities and EU stakeholders on the Horizon-funded project ‘PrecisionTox’, by deploying the concept of epistemic communities developed by Haas, as well as the learning modes of epistemic communities as presented and adapted by Dunlop. The overarching goal of PrecisionTox is to advance the safety assessment of chemicals by establishing a new, cost-effective testing paradigm built from evolutionary theory, which entails reduction, replacement, and refinement of mammalian testing (the 3Rs). The study shows that EU-funded projects can provide an excellent platform for building epistemic communities and forging alliances with EU policymakers, especially when novel technologies may be unlocked and socialized. This study also explores the early interaction of policymakers with epistemic communities through different forms of learning to better understand the complexities surrounding these new technologies in order to set an agenda for policy interventions.

Historiographic studies of transnational environmental law (TEL) are increasingly relevant as scholars and practitioners search for ways in which to deliver more quickly and efficiently effective regulation that is responsive to global environmental issues. This article uses new and original archival research to better locate the Convention for the Preservation of Wild Animals, Birds and Fish in Africa (1900 London Convention) in its legal-scientific historical context. Most of the scholarship on this topic draws on historian John M. MacKenzie's groundbreaking analysis of what he called ‘the hunting cult’ and its role in the imperial advance into India, Africa, and elsewhere. When viewed through the dual lens of legal history and the history of science, the late 19th and early 20th centuries represented a period of transition during which a new science-based perspective advanced by evolutionary biologists was embraced by science-minded policymakers, and expressed in domestic law and foreign policy aimed at the preservation of endangered species and the protection of biodiversity. The 1900 London Convention is an early example of a modern TEL instrument informed by science and by values that today most recognize as being critically important and universal. The new history in this article also resonates as an example of how polarizing political narratives can delay law reform and the importance of maintaining focus on collaborative problem solving and science-based regulation of complex transnational environmental issues.

Storytelling is essential in climate litigation. The narratives that are told in and around legal cases shape public discourse and our collective imagination regarding the climate crisis. The stories that plaintiffs and their lawyers choose to highlight hold immense power to either reinforce or challenge dominant assumptions and worldviews. This article analyzes how storytelling has been utilized in climate lawsuits, with a particular focus on those that involve future generations. It highlights the need to craft narratives that foreground entanglement and relationality rather than notions of competing interests. We offer recommendations for strategically using storytelling and framing techniques to build public engagement, spur equitable climate action and transform legal systems.

The Well-being of Future Generations (Wales) Act 2015 is a landmark piece of sustainable development legislation and marks a significant development in the emerging legal identity of Wales. Despite the Act's significance and ambition, it has been criticized as merely ‘aspirational’ – as ‘non-law-bearing’ and unenforceable by legal means. The Act is not without difficulties. However, it also has notable legal and other qualities that are often not captured within the standard justiciability-enforceability frame of analysis. Our aim here is to broaden the context for examining the Act and other ‘aspirational’ legislation like it. To that end, we identify three sets of questions that help to bring out different ideas around the Act's varied enforceability, its possible constitutional status, and its potential role as a bearer of hope.

The expansion of soybean cultivation in South America has created substantial economic prosperity but has also raised a series of unsustainable land-use issues. Considering the telecoupling system (a system of socio-ecological interactions between distant places) between South America and its soybean trade partners, transnational governance could play an important role in addressing these issues. To achieve effective governance of this specific telecoupling system, this study applies a polycentric approach to improve the existing transnational governance and identify more suitable governance arrangements. This study first explores the telecoupling system and the existing transnational governance system of soybean land use in South America. It then compares the existing governance system with the polycentric approach to examine the gaps between them. Based on these analyses, suggestions for improving the governance system are provided, including increasing the involvement of major governance centres, improving public-private partnerships, and establishing a knowledge-sharing platform.

The scope of environmental impact assessments (EIAs) has traditionally been limited to on-site effects. This approach faces limitations when dealing with intricate value chains. Particularly for projects involving biomass-to-energy facilities, the primary environmental impacts often originate from off-site biomass production. This article considers the resulting limitations of EIAs by using two legal disputes in France as illustrative examples. In the Gardanne and the La Mède cases, French Administrative Courts sought to establish the necessity for project proponents to incorporate supply-related impacts into the EIA process. Strategies aimed at broadening the scope of EIAs, either by expanding the assessed project boundaries or by invoking the concept of cumulative impacts, were not deemed the most relevant approaches. Instead, the concept of ‘indirect impact’ emerged as a valuable tool for incorporating supply-related impacts. However, to prevent the indirect impact concept from being disregarded as too ambiguous or ineffective, it should be complemented by precise criteria to determine whether an impact may be considered indirect. We study these avenues within the broader evolving landscape of EIA laws, and by exploring ways to harmonize EIAs with other regulatory instruments governing value chains.

Awareness of agricultural climate impacts is growing. In the European Union (EU), the agricultural sector is responsible for significant greenhouse gas emissions while continuing to receive considerable EU budgetary support. A large share of agricultural emissions is linked to livestock husbandry, a sector the direct and indirect climate impacts of which the EU's ‘green’ agricultural policies have historically ignored. This blind spot extends to the sizeable global deforestation footprint from EU livestock feed imports that remains unaddressed, despite the EU's aspired status as a global climate leader and major global agricultural market player. This article benchmarks the evolution of EU agri-climate legal and policy developments, using livestock emissions as a case study to highlight the importance of learning from the successes and failures of the EU experience, to realize future attempts to tackle global agricultural emissions.

The Energy Charter Treaty (ECT) is one of the best-known and most controversial of the international investment treaties. The energy transition necessary to achieve the Paris Agreement climate target will require large and sustained flows of investment capital. Scholars, environmentalists, industry representatives, and governmental officials have intensively debated the modernization of the ECT. The main point of contention is whether the ECT can facilitate the energy transition or whether it entrenches fossil lock-in in unsustainable and unjust ways. This article proposes a comprehensive and integrated approach to the ECT, guided by the theoretical matrix of Earth system law scholarship. Our analysis reveals that the ECT cannot address contemporary socio-ecological challenges, but rather it remains a sectoral piece of a supranational economic constitution far removed from the most pressing exigencies of the Anthropocene.