In terms of environmental protection (and with reference to the filming location of the Lords of the Rings), New Zealand has been described as ‘a friend to Middle Earth, but no friend of the Earth’, which is in stark contrast to its international image that it seeks to foster of being ‘100% pure New Zealand’. This article considers the tension between New Zealand’s approach to environmental advocacy from a charity law perspective, and in particular, the way in which charitable advocacy for the environment has been impacted by the limitations imposed on environmental charities through the charity law doctrine of political purposes. In carrying out this analysis, the article tracks the legal evolution of this doctrine and considers whether recent legal changes have resulted in charity law enabling New Zealand to become ‘a friend to Middle Earth, and a friend of the Earth’ through the apparent broadening of the actions that can be taken by environmental charity advocates.
{"title":"Advocating for the Environment, Charity Law and Greenpeace: A New Zealand Perspective","authors":"Juliet Chevalier-Watts","doi":"10.1093/jel/eqac012","DOIUrl":"https://doi.org/10.1093/jel/eqac012","url":null,"abstract":"\u0000 In terms of environmental protection (and with reference to the filming location of the Lords of the Rings), New Zealand has been described as ‘a friend to Middle Earth, but no friend of the Earth’, which is in stark contrast to its international image that it seeks to foster of being ‘100% pure New Zealand’. This article considers the tension between New Zealand’s approach to environmental advocacy from a charity law perspective, and in particular, the way in which charitable advocacy for the environment has been impacted by the limitations imposed on environmental charities through the charity law doctrine of political purposes. In carrying out this analysis, the article tracks the legal evolution of this doctrine and considers whether recent legal changes have resulted in charity law enabling New Zealand to become ‘a friend to Middle Earth, and a friend of the Earth’ through the apparent broadening of the actions that can be taken by environmental charity advocates.","PeriodicalId":46437,"journal":{"name":"Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":1.9,"publicationDate":"2022-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42199460","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}
Environmental constitutionalism encompasses rights as well as duties of the State and individuals. However, environmental duties of individuals are seldom discussed in detail. What is their contribution to environmental constitutionalism? This article examines the origin and design, as well as judicial adjudication of the fundamental environmental duty of citizens in the Constitution of India to answer this question. It finds that internal and external factors influence the constitutional origin and design of this duty. The constitution drafters viewed this duty as distinct from the duties of the State. However, judicial practice concerning the nature, scope and content of the duty, as well as its implementation and enforcement evidences a dynamic and symbiotic relationship between constitutional environmental rights and duties. The right-holders corresponding to the duty of citizens may include the environment and future generations. These findings provide a framework for the examination of individual environmental duties in other constitutions.
{"title":"Environmental Constitutionalism and Duties of Individuals in India","authors":"L. Bhullar","doi":"10.1093/jel/eqac010","DOIUrl":"https://doi.org/10.1093/jel/eqac010","url":null,"abstract":"\u0000 Environmental constitutionalism encompasses rights as well as duties of the State and individuals. However, environmental duties of individuals are seldom discussed in detail. What is their contribution to environmental constitutionalism? This article examines the origin and design, as well as judicial adjudication of the fundamental environmental duty of citizens in the Constitution of India to answer this question. It finds that internal and external factors influence the constitutional origin and design of this duty. The constitution drafters viewed this duty as distinct from the duties of the State. However, judicial practice concerning the nature, scope and content of the duty, as well as its implementation and enforcement evidences a dynamic and symbiotic relationship between constitutional environmental rights and duties. The right-holders corresponding to the duty of citizens may include the environment and future generations. These findings provide a framework for the examination of individual environmental duties in other constitutions.","PeriodicalId":46437,"journal":{"name":"Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":1.9,"publicationDate":"2022-07-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45134196","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":"Marking out the Interpretive Possibilities of the Aarhus Convention","authors":"Caer Smyth","doi":"10.1093/jel/eqac009","DOIUrl":"https://doi.org/10.1093/jel/eqac009","url":null,"abstract":"","PeriodicalId":46437,"journal":{"name":"Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":1.9,"publicationDate":"2022-07-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48322422","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}
In the past few years, China has implemented environmental policies that negatively affected the property interests of numerous private enterprises. This article offers the first systematic analysis of how China compensates enterprises for losses caused by the implementation of environmental laws and policies. It generates descriptive statistics on the characteristics of the compensation cases and finds that in a majority of the cases, the court allowed the government to set compensation below the value of the enterprise’s investment. Statistics also show that China offers weaker protection for private enterprises against newly adopted environmental policies compared to other types of rules or policies, allowing the government to close highly polluting enterprises with relatively low compensation. This article then offers an explanation of the courts’ approach and considers whether Chinese courts achieve an appropriate balance between property protection and policy flexibility.
{"title":"Environmental Policy and Compensation in China: An Empirical Analysis of Article Eight of the Chinese Administrative License Law","authors":"James Si Zeng","doi":"10.1093/jel/eqac005","DOIUrl":"https://doi.org/10.1093/jel/eqac005","url":null,"abstract":"\u0000 In the past few years, China has implemented environmental policies that negatively affected the property interests of numerous private enterprises. This article offers the first systematic analysis of how China compensates enterprises for losses caused by the implementation of environmental laws and policies. It generates descriptive statistics on the characteristics of the compensation cases and finds that in a majority of the cases, the court allowed the government to set compensation below the value of the enterprise’s investment. Statistics also show that China offers weaker protection for private enterprises against newly adopted environmental policies compared to other types of rules or policies, allowing the government to close highly polluting enterprises with relatively low compensation. This article then offers an explanation of the courts’ approach and considers whether Chinese courts achieve an appropriate balance between property protection and policy flexibility.","PeriodicalId":46437,"journal":{"name":"Journal of Environmental Law","volume":"1 1","pages":""},"PeriodicalIF":1.9,"publicationDate":"2022-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42052593","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 influence of the European Landscape Convention (ELC) on the landscape planning legal framework of Italy, Spain and England is discussed. The ELC defines landscape, holistically, as something perceived by people in their everyday life. Integrating landscape protection and management into every policy influencing the quality of a territory is a major ELC’s goal. This view challenges the interpretation that stresses the continuing importance of objective landscape values, such as natural beauty, recognisable by expert assessment. This dialectic also reveals a fault line between local democracy/participation and a centralist approach towards landscape protection. We found signs of such competing narratives in the landscape planning regulations of the said jurisdictions implementing the ELC, although the rationales that inspire them were little affected. We argue that the said dialectic may be seen more as an opportunity to build a more comprehensive system of landscape protection than a downside.
{"title":"The Impact of the European Landscape Convention on Landscape Planning in Spain, Italy and England","authors":"Stefano Civitarese Matteucci, Gian Franco Cartei","doi":"10.1093/jel/eqac004","DOIUrl":"https://doi.org/10.1093/jel/eqac004","url":null,"abstract":"\u0000 The influence of the European Landscape Convention (ELC) on the landscape planning legal framework of Italy, Spain and England is discussed. The ELC defines landscape, holistically, as something perceived by people in their everyday life. Integrating landscape protection and management into every policy influencing the quality of a territory is a major ELC’s goal. This view challenges the interpretation that stresses the continuing importance of objective landscape values, such as natural beauty, recognisable by expert assessment. This dialectic also reveals a fault line between local democracy/participation and a centralist approach towards landscape protection. We found signs of such competing narratives in the landscape planning regulations of the said jurisdictions implementing the ELC, although the rationales that inspire them were little affected. We argue that the said dialectic may be seen more as an opportunity to build a more comprehensive system of landscape protection than a downside.","PeriodicalId":46437,"journal":{"name":"Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":1.9,"publicationDate":"2022-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42954072","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":"The Legitimacy of Specialist Environmental Courts: Integrity as Capacity","authors":"E. Lees","doi":"10.1093/jel/eqac006","DOIUrl":"https://doi.org/10.1093/jel/eqac006","url":null,"abstract":"","PeriodicalId":46437,"journal":{"name":"Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":1.9,"publicationDate":"2022-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43666567","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":"Corrigendum to: The Intergenerational Effect of Fundamental Rights: A Contribution of the German Federal Constitutional Court to Climate Protection","authors":"G. Winter","doi":"10.1093/jel/eqab044","DOIUrl":"https://doi.org/10.1093/jel/eqab044","url":null,"abstract":"","PeriodicalId":46437,"journal":{"name":"Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":1.9,"publicationDate":"2022-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46122905","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}
Carbon border adjustment measures (CBAMs) are instruments that can be used to mitigate climate change, but also have a positive impact on trade, climate leadership and even public finance. In this article, I challenge the view that they can serve as straightforward multi-purpose instruments. In a first step, I analyse each of the purposes that can be achieved through CBAMs and explain their underlying differences. In a second step, I discuss their legal design and explain how CBAMs’ design features affect the types of purposes that they can achieve. I apply this two-step analytical framework to the European Union context, where a proposal for a regulation establishing a CBAM has been published by the European Commission in July 2021. I demonstrate that the design of the EU CBAM is inconsistent with the Commission’s main objectives of promoting fair competition and climate mitigation in line with the Paris Agreement. The EU CBAM proposal is primarily an instrument of climate leadership.
{"title":"Carbon border adjustment measures: a straightforward multi-purpose climate change instrument?","authors":"A. Pirlot","doi":"10.1093/JEL/EQAB028","DOIUrl":"https://doi.org/10.1093/JEL/EQAB028","url":null,"abstract":"Carbon border adjustment measures (CBAMs) are instruments that can be used to mitigate climate change, but also have a positive impact on trade, climate leadership and even public finance. In this article, I challenge the view that they can serve as straightforward multi-purpose instruments. In a first step, I analyse each of the purposes that can be achieved through CBAMs and explain their underlying differences. In a second step, I discuss their legal design and explain how CBAMs’ design features affect the types of purposes that they can achieve. I apply this two-step analytical framework to the European Union context, where a proposal for a regulation establishing a CBAM has been published by the European Commission in July 2021. I demonstrate that the design of the EU CBAM is inconsistent with the Commission’s main objectives of promoting fair competition and climate mitigation in line with the Paris Agreement. The EU CBAM proposal is primarily an instrument of climate leadership.","PeriodicalId":46437,"journal":{"name":"Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":1.9,"publicationDate":"2021-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44404879","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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