{"title":"Interpreting the Law of the Sea in the Context of Sea-Level Rise: The Ambulatory Thesis and State Practice","authors":"M. Wendebourg","doi":"10.1093/jel/eqad024","DOIUrl":"https://doi.org/10.1093/jel/eqad024","url":null,"abstract":"","PeriodicalId":46437,"journal":{"name":"Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":1.9,"publicationDate":"2023-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43255130","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract As efforts to scale up the carbon dioxide removals (CDR) sector continue to expand, the question of liability for failed storage, also known as ‘reversals’, comes to the fore. There are a range of possibilities and views as to who should be liable if reversals do occur. As well as a need to better understand both the permanance issues and risks associated with given CDR methods, we seek to deepen understandings of and the means to address the risk of storage failure through legal approaches and structures. We review the comparable carbon market scenario that preceded entry into force of the Kyoto Protocol, the current voluntary carbon market, and what implications scaling up the CDR sector may have. We canvass a range of legal approaches and structures, and argue that liability for on-going storage integrity should remain with the party that carries out the CDR project, proposing also an institutional structure building on the same.
{"title":"Déjà vu All Over Again: Carbon Dioxide Removals (CDR) and Legal Liability","authors":"Navraj Singh Ghaleigh, Justin Macinante","doi":"10.1093/jel/eqad022","DOIUrl":"https://doi.org/10.1093/jel/eqad022","url":null,"abstract":"Abstract As efforts to scale up the carbon dioxide removals (CDR) sector continue to expand, the question of liability for failed storage, also known as ‘reversals’, comes to the fore. There are a range of possibilities and views as to who should be liable if reversals do occur. As well as a need to better understand both the permanance issues and risks associated with given CDR methods, we seek to deepen understandings of and the means to address the risk of storage failure through legal approaches and structures. We review the comparable carbon market scenario that preceded entry into force of the Kyoto Protocol, the current voluntary carbon market, and what implications scaling up the CDR sector may have. We canvass a range of legal approaches and structures, and argue that liability for on-going storage integrity should remain with the party that carries out the CDR project, proposing also an institutional structure building on the same.","PeriodicalId":46437,"journal":{"name":"Journal of Environmental Law","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135746689","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article examines the effectiveness, legitimacy, and fairness of heritage conservation outcomes under the 1972 World Heritage Convention (1972 WHC), with a focus on recognising and respecting the rights of Indigenous Peoples in heritage nomination, protection, and management. Examining conflicts surrounding World Heritage sites in Kenya and Sweden, this article argues that recognition of biocultural heritage and biocultural rights can promote environmental justice and help meet global environmental challenges. To promote the conservation of both built and natural landscapes, the article recommends expanding protection for the relationship between humans and their environment. Recognising biocultural heritage under UNESCO conventions could promote Indigenous sovereignty, protect cultural and natural heritage, and contribute to global efforts to address climate change. The article calls for further research mapping biocultural heritage in natural and mixed heritage sites and advocates for fuller engagement with Indigenous Peoples to increase the ability of the 1972 WHC to promote sustainability as it enters its second half-century.
{"title":"Protection of Biocultural Heritage in the Anthropocene: Towards Reconciling Natural, Cultural, Tangible and Intangible Heritage","authors":"H. Bhati, Yaffa Epstein","doi":"10.1093/jel/eqad020","DOIUrl":"https://doi.org/10.1093/jel/eqad020","url":null,"abstract":"\u0000 This article examines the effectiveness, legitimacy, and fairness of heritage conservation outcomes under the 1972 World Heritage Convention (1972 WHC), with a focus on recognising and respecting the rights of Indigenous Peoples in heritage nomination, protection, and management. Examining conflicts surrounding World Heritage sites in Kenya and Sweden, this article argues that recognition of biocultural heritage and biocultural rights can promote environmental justice and help meet global environmental challenges. To promote the conservation of both built and natural landscapes, the article recommends expanding protection for the relationship between humans and their environment. Recognising biocultural heritage under UNESCO conventions could promote Indigenous sovereignty, protect cultural and natural heritage, and contribute to global efforts to address climate change. The article calls for further research mapping biocultural heritage in natural and mixed heritage sites and advocates for fuller engagement with Indigenous Peoples to increase the ability of the 1972 WHC to promote sustainability as it enters its second half-century.","PeriodicalId":46437,"journal":{"name":"Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":1.9,"publicationDate":"2023-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47563447","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract On the face of it, the polluter pays principle (PPP) simply prescribes that the costs of pollution should be borne by those who were responsible for causing it. In practice, implementing the PPP raises a number of complex questions. In this article, I focus on one such key question, as interpreted by higher courts in India: how much should the polluter pay? I propose—and then apply—a three-part choice framework for analysing judicial interpretations of the PPP. Indian case law on the subject is often presumed to be relatively coherent and consistent. However, a methodical application of the aforementioned framework reveals three distinct strands in the approaches taken by Indian courts, thus contributing to a more in-depth and systematic understanding of the PPP jurisprudence. I also identify certain gaps and inconsistencies in these approaches, and suggest ways in which they can be resolved, making the application of the set principle more consistent, logical and effective.
{"title":"How Much Should the Polluter Pay? Indian Courts and the Valuation of Environmental Damage","authors":"Sroyon Mukherjee","doi":"10.1093/jel/eqad021","DOIUrl":"https://doi.org/10.1093/jel/eqad021","url":null,"abstract":"Abstract On the face of it, the polluter pays principle (PPP) simply prescribes that the costs of pollution should be borne by those who were responsible for causing it. In practice, implementing the PPP raises a number of complex questions. In this article, I focus on one such key question, as interpreted by higher courts in India: how much should the polluter pay? I propose—and then apply—a three-part choice framework for analysing judicial interpretations of the PPP. Indian case law on the subject is often presumed to be relatively coherent and consistent. However, a methodical application of the aforementioned framework reveals three distinct strands in the approaches taken by Indian courts, thus contributing to a more in-depth and systematic understanding of the PPP jurisprudence. I also identify certain gaps and inconsistencies in these approaches, and suggest ways in which they can be resolved, making the application of the set principle more consistent, logical and effective.","PeriodicalId":46437,"journal":{"name":"Journal of Environmental Law","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135091042","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Ned Helme, Adam Boukraa, Stephanie David, Eleanor Leydon
Abstract This case law overview comments on significant UK environmental law cases for the period 1 April 2022–31 March 2023. It begins with an overarching introduction, which draws some general themes from our selection of cases, focussing on the scope of environmental law, connections between private and public law disputes, and the standard of review in the public law context. It then addresses 12 significant cases concerning statutory trusts over land under section 164 of the Public Health Act 1875 and section 10 of the Open Spaces Act 1906, public rights on Dartmoor Commons, private nuisance, climate change, insurance, environmental impact assessment, delay in judicial review, forestry, contaminated land, and habitats. It ends with some final thoughts on this year’s cases and the year ahead.
{"title":"Significant UK Environmental Law Cases 2022–23","authors":"Ned Helme, Adam Boukraa, Stephanie David, Eleanor Leydon","doi":"10.1093/jel/eqad019","DOIUrl":"https://doi.org/10.1093/jel/eqad019","url":null,"abstract":"Abstract This case law overview comments on significant UK environmental law cases for the period 1 April 2022–31 March 2023. It begins with an overarching introduction, which draws some general themes from our selection of cases, focussing on the scope of environmental law, connections between private and public law disputes, and the standard of review in the public law context. It then addresses 12 significant cases concerning statutory trusts over land under section 164 of the Public Health Act 1875 and section 10 of the Open Spaces Act 1906, public rights on Dartmoor Commons, private nuisance, climate change, insurance, environmental impact assessment, delay in judicial review, forestry, contaminated land, and habitats. It ends with some final thoughts on this year’s cases and the year ahead.","PeriodicalId":46437,"journal":{"name":"Journal of Environmental Law","volume":"221 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135187201","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This review article examines Faure and Partain’s book Carbon Capture and Storage: Efficient Legal Policies for Risk Governance and Compensation. In nine chapters, extending across almost 220 pages, Faure and Partain present us with a great deal of key analytical insights regarding current carbon capture and storage (CCS) policies. Following their viewpoints, we methodically show the applicability of a law and economics tool to regulate CCS liabilities and further propose to integrate CCS projects into the emission trading system.
{"title":"Assessing the Development Prospects of Carbon Capture and Storage from the Perspective of Law and Economics","authors":"Lin Zhang, Xiaochen Zhang, Xin Zhang","doi":"10.1093/jel/eqad018","DOIUrl":"https://doi.org/10.1093/jel/eqad018","url":null,"abstract":"\u0000 This review article examines Faure and Partain’s book Carbon Capture and Storage: Efficient Legal Policies for Risk Governance and Compensation. In nine chapters, extending across almost 220 pages, Faure and Partain present us with a great deal of key analytical insights regarding current carbon capture and storage (CCS) policies. Following their viewpoints, we methodically show the applicability of a law and economics tool to regulate CCS liabilities and further propose to integrate CCS projects into the emission trading system.","PeriodicalId":46437,"journal":{"name":"Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":1.9,"publicationDate":"2023-06-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47384438","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Participatory rights have been the focus of global attention in recent years, as people have fought over access to courts in all things climate-related. Access to information has gained lesser attention, though it is a pivotal first step in holding the decision-makers accountable. In his volume, Sean Whittaker offers the reader a bird’s-eye view on how this aim is conceptualised, understood and executed in three different jurisdictions—England and Wales, the USA and China. Using legal transplant theory prospectively, he explores the potential of each solution to serve as a provider or receiver of transplants. Whittaker’s clear analysis delivers on the calls of contingent and ambitious comparative environmental law scholarship. In carefully examining the substantive and procedural cores of the access to environmental information right, Whittaker explores the details of the right and, by doing so, also presents a fine-tuned understanding of the global normativity of the Aarhus Convention.
{"title":"On Cracks, Lights and Environments","authors":"Tiina Paloniitty","doi":"10.1093/jel/eqad016","DOIUrl":"https://doi.org/10.1093/jel/eqad016","url":null,"abstract":"\u0000 Participatory rights have been the focus of global attention in recent years, as people have fought over access to courts in all things climate-related. Access to information has gained lesser attention, though it is a pivotal first step in holding the decision-makers accountable. In his volume, Sean Whittaker offers the reader a bird’s-eye view on how this aim is conceptualised, understood and executed in three different jurisdictions—England and Wales, the USA and China. Using legal transplant theory prospectively, he explores the potential of each solution to serve as a provider or receiver of transplants. Whittaker’s clear analysis delivers on the calls of contingent and ambitious comparative environmental law scholarship. In carefully examining the substantive and procedural cores of the access to environmental information right, Whittaker explores the details of the right and, by doing so, also presents a fine-tuned understanding of the global normativity of the Aarhus Convention.","PeriodicalId":46437,"journal":{"name":"Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":1.9,"publicationDate":"2023-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48881225","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
‘Just transition’ has grown into an increasingly popular concept in climate policy. During the recent decade, it has been included in both international and national climate law frameworks. The concept, however, has not received much attention from legal scholars. Addressing this gap, this article analyses the meaning and legal implications of just transition, specifically within international climate law. Against this backdrop, it shows that, following the Paris Agreement, just transition has evolved into an increasingly important concept in how climate law principles and obligations are interpreted and developed. It further highlights a substantial evolution of just transition from a labour-centred to a more comprehensive concept that helps underline the importance of implementing climate measures in a way that engages and protects affected and vulnerable people and communities.
{"title":"Just Transition as an Evolving Concept in International Climate Law","authors":"Vilja Johansson","doi":"10.1093/jel/eqad017","DOIUrl":"https://doi.org/10.1093/jel/eqad017","url":null,"abstract":"\u0000 ‘Just transition’ has grown into an increasingly popular concept in climate policy. During the recent decade, it has been included in both international and national climate law frameworks. The concept, however, has not received much attention from legal scholars. Addressing this gap, this article analyses the meaning and legal implications of just transition, specifically within international climate law. Against this backdrop, it shows that, following the Paris Agreement, just transition has evolved into an increasingly important concept in how climate law principles and obligations are interpreted and developed. It further highlights a substantial evolution of just transition from a labour-centred to a more comprehensive concept that helps underline the importance of implementing climate measures in a way that engages and protects affected and vulnerable people and communities.","PeriodicalId":46437,"journal":{"name":"Journal of Environmental Law","volume":"1 1","pages":""},"PeriodicalIF":1.9,"publicationDate":"2023-05-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41316659","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"We Gifted the Ocean a Sea of Petroleum, Excrements, Robots and Plastics","authors":"Rimona Afana","doi":"10.1093/jel/eqad014","DOIUrl":"https://doi.org/10.1093/jel/eqad014","url":null,"abstract":"","PeriodicalId":46437,"journal":{"name":"Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":1.9,"publicationDate":"2023-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47430304","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Niko Soininen, Seita Romppanen, Mika P. Nieminen, S. Soimakallio
EU environmental law increasingly adopts an impact-based regulatory strategy that places biophysical sciences in a significant role not only in designing regulation but also in interpreting and implementing the law. While crucial for the effectiveness of environmental law, such a regulatory strategy creates challenges for the legitimacy of EU environmental law. This article traces the shift from a behaviour-based to impact-based regulation in this context and analyses the latter in light of Lon L. Fuller’s eight classic criteria for the rule of law to expose the legitimacy challenges. Focusing on the EU Water Framework Directive and the Land-use Change and Forestry Regulation, this study shows that EU environmental law suffers from serious shortcomings in securing legal legitimacy and concludes by highlighting how this may be improved going forward.
{"title":"The Impact-based Regulatory Strategy in Environmental Law: Hallmark of Effectiveness or Pitfall for Legitimacy?","authors":"Niko Soininen, Seita Romppanen, Mika P. Nieminen, S. Soimakallio","doi":"10.1093/jel/eqad013","DOIUrl":"https://doi.org/10.1093/jel/eqad013","url":null,"abstract":"\u0000 EU environmental law increasingly adopts an impact-based regulatory strategy that places biophysical sciences in a significant role not only in designing regulation but also in interpreting and implementing the law. While crucial for the effectiveness of environmental law, such a regulatory strategy creates challenges for the legitimacy of EU environmental law. This article traces the shift from a behaviour-based to impact-based regulation in this context and analyses the latter in light of Lon L. Fuller’s eight classic criteria for the rule of law to expose the legitimacy challenges. Focusing on the EU Water Framework Directive and the Land-use Change and Forestry Regulation, this study shows that EU environmental law suffers from serious shortcomings in securing legal legitimacy and concludes by highlighting how this may be improved going forward.","PeriodicalId":46437,"journal":{"name":"Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":1.9,"publicationDate":"2023-05-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41588408","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：