This analysis considers the recent ruling of the Colombian Constitutional Court, C-148/22, in which the Court banned recreational fishing in the country citing the prohibition of animal cruelty under the Colombian constitution and the precautionary principle. This unprecedented decision by a constitutional tribunal illustrates the growing importance of animal welfare as a justiciable standard of adjudication. It also underscores the complex role of judges when reconciling the extant human-centric concerns in constitutional thinking with the growing constitutional significance awarded to the lived experiences of animals. This analysis discusses the Court’s reasoning and highlights issues inviting further consideration.
{"title":"The Protection of Animal Welfare vis-à-vis Recreational Fishing: The Judgment C-148/22 of the Colombian Constitutional Court","authors":"Marcelo Lozada Gomez","doi":"10.1093/jel/eqad012","DOIUrl":"https://doi.org/10.1093/jel/eqad012","url":null,"abstract":"\u0000 This analysis considers the recent ruling of the Colombian Constitutional Court, C-148/22, in which the Court banned recreational fishing in the country citing the prohibition of animal cruelty under the Colombian constitution and the precautionary principle. This unprecedented decision by a constitutional tribunal illustrates the growing importance of animal welfare as a justiciable standard of adjudication. It also underscores the complex role of judges when reconciling the extant human-centric concerns in constitutional thinking with the growing constitutional significance awarded to the lived experiences of animals. This analysis discusses the Court’s reasoning and highlights issues inviting further consideration.","PeriodicalId":46437,"journal":{"name":"Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":1.9,"publicationDate":"2023-05-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46579519","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":"Significant EU Environmental Cases: 2021–2022","authors":"Geert van Calster","doi":"10.1093/jel/eqad011","DOIUrl":"https://doi.org/10.1093/jel/eqad011","url":null,"abstract":"","PeriodicalId":46437,"journal":{"name":"Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":1.9,"publicationDate":"2023-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45652421","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}
How we frame environmental problems and their solutions matters. Under the UK Net Zero Strategy and the European Green Deal, climate action—as a policy- and regulatory response to climate change—is framed overwhelmingly positive and coupled with the ambitions to generate growth, facilitate innovation, improve health and wellbeing, ensure inclusiveness and much else. This is done to project climate ambitions as part of a win–win scenario where no one is left behind. Yet it is unclear how each of the different aims relate to each other, which risks creating legal dilemmas, and possibly undermining climate action altogether.
{"title":"Legal Dilemmas of Climate Action","authors":"S. Bogojevic","doi":"10.1093/jel/eqad007","DOIUrl":"https://doi.org/10.1093/jel/eqad007","url":null,"abstract":"\u0000 How we frame environmental problems and their solutions matters. Under the UK Net Zero Strategy and the European Green Deal, climate action—as a policy- and regulatory response to climate change—is framed overwhelmingly positive and coupled with the ambitions to generate growth, facilitate innovation, improve health and wellbeing, ensure inclusiveness and much else. This is done to project climate ambitions as part of a win–win scenario where no one is left behind. Yet it is unclear how each of the different aims relate to each other, which risks creating legal dilemmas, and possibly undermining climate action altogether.","PeriodicalId":46437,"journal":{"name":"Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":1.9,"publicationDate":"2023-04-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42299996","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}
Indigenous and local communities (ILCs) are special right-holders under the Convention on Biological Diversity (CBD). Since 2010, the CBD parties have been called upon to adopt the terminology ‘Indigenous Peoples and local communities’ (IPLCs) to better reflect the international human rights development, especially with respect to Indigenous Peoples. The CBD parties agreed to this terminological change in 2014. The very recent CBD decisions and voluntary guidelines have reflected this commitment. This analysis suggests that the inclusion of the term ‘Indigenous Peoples’ in the CBD framework may seem like a victory for Indigenous Peoples’ rights advocacy, but it really is not because important human rights implications have been blocked via complicated restrictions on treaty interpretation. Instead, it indicates a growing divergence in the understanding of the rights of IPLCs in international law.
{"title":"From ‘ILCs’ to ‘IPLCs’: A Victory for Indigenous Peoples’ Rights Advocacy Under the Convention on Biological Diversity?","authors":"Xiaoou Zheng","doi":"10.1093/jel/eqad009","DOIUrl":"https://doi.org/10.1093/jel/eqad009","url":null,"abstract":"\u0000 Indigenous and local communities (ILCs) are special right-holders under the Convention on Biological Diversity (CBD). Since 2010, the CBD parties have been called upon to adopt the terminology ‘Indigenous Peoples and local communities’ (IPLCs) to better reflect the international human rights development, especially with respect to Indigenous Peoples. The CBD parties agreed to this terminological change in 2014. The very recent CBD decisions and voluntary guidelines have reflected this commitment. This analysis suggests that the inclusion of the term ‘Indigenous Peoples’ in the CBD framework may seem like a victory for Indigenous Peoples’ rights advocacy, but it really is not because important human rights implications have been blocked via complicated restrictions on treaty interpretation. Instead, it indicates a growing divergence in the understanding of the rights of IPLCs in international law.","PeriodicalId":46437,"journal":{"name":"Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":1.9,"publicationDate":"2023-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46325306","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":"Correction to: Climate Change, Fundamental Rights, and Statutory Interpretation","authors":"","doi":"10.1093/jel/eqad010","DOIUrl":"https://doi.org/10.1093/jel/eqad010","url":null,"abstract":"","PeriodicalId":46437,"journal":{"name":"Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":1.9,"publicationDate":"2023-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48284884","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}
Few policy issues will be as defining to the EU’s future as its reaction to environmental decline, on the one hand, and digitalisation, on the other. Whereas the former will shape the (quality of) life and health of humans, animals and plants, the latter will define the future competitiveness of the internal market and relatedly, also societal justice and cohesion. Yet, to date, the interconnections between these issues are rarely made explicit, as evidenced by the European Commission’s current policy agendas on both matters. With this article, we hope to contribute to, ideally, a soon growing conversation about how to effectively bridge environmental protection and digitalisation. Specifically, we examine how EU law shapes the options of using data—the lifeblood of the digital economy—for environmental sustainability purposes, and ponder the impact of on-going legislative reform.
{"title":"Access to Data for Environmental Purposes: Setting the Scene and Evaluating Recent Changes in EU Data Law","authors":"Michèle Finck, Marie-Sophie Mueller","doi":"10.1093/jel/eqad006","DOIUrl":"https://doi.org/10.1093/jel/eqad006","url":null,"abstract":"\u0000 Few policy issues will be as defining to the EU’s future as its reaction to environmental decline, on the one hand, and digitalisation, on the other. Whereas the former will shape the (quality of) life and health of humans, animals and plants, the latter will define the future competitiveness of the internal market and relatedly, also societal justice and cohesion. Yet, to date, the interconnections between these issues are rarely made explicit, as evidenced by the European Commission’s current policy agendas on both matters. With this article, we hope to contribute to, ideally, a soon growing conversation about how to effectively bridge environmental protection and digitalisation. Specifically, we examine how EU law shapes the options of using data—the lifeblood of the digital economy—for environmental sustainability purposes, and ponder the impact of on-going legislative reform.","PeriodicalId":46437,"journal":{"name":"Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":1.9,"publicationDate":"2023-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47438972","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}
Energy geopolitics has received limited attention in the climate law scholarship, despite the importance of the energy sector for climate change and the impact of energy crises on the effectiveness of decarbonisation mechanisms. The shock caused by the current war in Ukraine shows that, in a geopolitical world, geopolitical analysis must be integrated into climate, and more generally environmental, law analysis.
{"title":"Energy Geopolitics and Climate Law: Interdisciplinary Environmental Law Scholarship in a Geopolitical World","authors":"Anatole Boute","doi":"10.1093/jel/eqad004","DOIUrl":"https://doi.org/10.1093/jel/eqad004","url":null,"abstract":"\u0000 Energy geopolitics has received limited attention in the climate law scholarship, despite the importance of the energy sector for climate change and the impact of energy crises on the effectiveness of decarbonisation mechanisms. The shock caused by the current war in Ukraine shows that, in a geopolitical world, geopolitical analysis must be integrated into climate, and more generally environmental, law analysis.","PeriodicalId":46437,"journal":{"name":"Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":1.9,"publicationDate":"2023-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42015244","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}
Ben Pontin, Elen Stokes, Zack Hayward, George Xenophontos
Abstract The UK Environment Act 2021 imposes a duty on the Secretary of State to report on ‘significant’ developments in environmental legislation from around the world. The analysis explores this in the context of legislation which is significant by virtue of its symbolism, rather than (or in addition to) enforceable legal content. ‘Symbolic legislation’ has a long history in the field of the environment, and it remains highly pertinent to today. Whilst acknowledging the constitutional dangers of symbolic legislation, the authors argue that there is something particularly compelling about the use of legislation to achieve something different from, or additional to, the enforcement of enacted rules of behaviour in environmental law. The idea that legislation can or should serve as a vehicle for the expression of values, and/or embody important moral aspirations, has traction in environmental law contexts where there is both normative and epistemic uncertainty and problems are characteristically ‘hot’.
{"title":"Government Reporting on Significant Developments in Environmental Legislation around the World: The Challenges of Symbolic Legislation","authors":"Ben Pontin, Elen Stokes, Zack Hayward, George Xenophontos","doi":"10.1093/jel/eqad003","DOIUrl":"https://doi.org/10.1093/jel/eqad003","url":null,"abstract":"Abstract The UK Environment Act 2021 imposes a duty on the Secretary of State to report on ‘significant’ developments in environmental legislation from around the world. The analysis explores this in the context of legislation which is significant by virtue of its symbolism, rather than (or in addition to) enforceable legal content. ‘Symbolic legislation’ has a long history in the field of the environment, and it remains highly pertinent to today. Whilst acknowledging the constitutional dangers of symbolic legislation, the authors argue that there is something particularly compelling about the use of legislation to achieve something different from, or additional to, the enforcement of enacted rules of behaviour in environmental law. The idea that legislation can or should serve as a vehicle for the expression of values, and/or embody important moral aspirations, has traction in environmental law contexts where there is both normative and epistemic uncertainty and problems are characteristically ‘hot’.","PeriodicalId":46437,"journal":{"name":"Journal of Environmental Law","volume":"192 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135026552","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}
The climate change crisis demands a wholesale transformation of law. In this article, we consider one potential component of that transformation: the role that rights-protective statutory interpretation might play. Specifically, we analyse the transformative potential of the principle of legality. The principle of legality is a presumption of statutory interpretation that legislation should not be read as infringing fundamental common law rights in the absence of irresistibly clear statutory language. It enables courts to give statutory words their least rights-infringing meaning. The law in international fora and domestic jurisdictions now acknowledges that climate change will adversely affect human rights. We make the linkage between climate change, fundamental rights, and statutory interpretation and argue that the principle of legality may, in appropriate cases, be used to interpret legislation regulating the range of human activity, in a climate-protective way.
{"title":"Climate Change, Fundamental Rights, and Statutory Interpretation","authors":"C. Warnock, B. Preston","doi":"10.1093/jel/eqad002","DOIUrl":"https://doi.org/10.1093/jel/eqad002","url":null,"abstract":"\u0000 The climate change crisis demands a wholesale transformation of law. In this article, we consider one potential component of that transformation: the role that rights-protective statutory interpretation might play. Specifically, we analyse the transformative potential of the principle of legality. The principle of legality is a presumption of statutory interpretation that legislation should not be read as infringing fundamental common law rights in the absence of irresistibly clear statutory language. It enables courts to give statutory words their least rights-infringing meaning. The law in international fora and domestic jurisdictions now acknowledges that climate change will adversely affect human rights. We make the linkage between climate change, fundamental rights, and statutory interpretation and argue that the principle of legality may, in appropriate cases, be used to interpret legislation regulating the range of human activity, in a climate-protective way.","PeriodicalId":46437,"journal":{"name":"Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":1.9,"publicationDate":"2023-02-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44460627","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}
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