{"title":"Using Sound Science Responsibly: Stories from the Scottish Seas and Hills","authors":"C. Reid","doi":"10.1093/jel/eqab032","DOIUrl":"https://doi.org/10.1093/jel/eqab032","url":null,"abstract":"","PeriodicalId":46437,"journal":{"name":"Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":1.9,"publicationDate":"2021-10-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42658533","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 year’s Journal of Environmental Law annual workshop on ‘Different Voices, Different Knowledges’ raises important questions about identities, perspectives, privilege and marginalisation within the academy in relation to environmental law and related scholarship. Here I want to ask a singular question; how can I write meaningfully about international environmental law and the Global South when I am a middle-class, white, male from the northern hemisphere? I want to try to answer this question in as honest and self-reflective a way as I can. I do not want to be defensive or limited by a particular theoretical lens. I want to interrogate my own thinking as it has evolved over the years, including the missed opportunities to deepen my own approach and methodology. In questioning myself this way, I need to consider why I have never asked myself this question before. I also need to confront the fact that penning a self-reflective piece on my own privilege in writing about international environmental law and the Global South is an example of that same privilege.
{"title":"Revisiting Missed Opportunities: A Self-Reflection on (Not Always) Writing Meaningfully","authors":"D. French","doi":"10.1093/jel/eqab033","DOIUrl":"https://doi.org/10.1093/jel/eqab033","url":null,"abstract":"This year’s Journal of Environmental Law annual workshop on ‘Different Voices, Different Knowledges’ raises important questions about identities, perspectives, privilege and marginalisation within the academy in relation to environmental law and related scholarship. Here I want to ask a singular question; how can I write meaningfully about international environmental law and the Global South when I am a middle-class, white, male from the northern hemisphere? I want to try to answer this question in as honest and self-reflective a way as I can. I do not want to be defensive or limited by a particular theoretical lens. I want to interrogate my own thinking as it has evolved over the years, including the missed opportunities to deepen my own approach and methodology. In questioning myself this way, I need to consider why I have never asked myself this question before. I also need to confront the fact that penning a self-reflective piece on my own privilege in writing about international environmental law and the Global South is an example of that same privilege.","PeriodicalId":46437,"journal":{"name":"Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":1.9,"publicationDate":"2021-10-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48760693","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}
1 . I N T R O D U C T I O N It was a warm and muggy day as I made my way into the Dalit (who were formerly known by the derogatory term of ‘untouchables’) basti or colony in Kandhamal, Odisha in the summer of 2015. I was there as an environmental lawyer to understand whether Dalit communities living in forest areas were able to use a progressive law called the Forest Rights Act 2006 (FRA) to gain rights over land. An issue that I will discuss in more detail later in this piece. As I walked through the tiny lanes, I noticed that Dalit forest-dwelling communities were segregated from the rest of the village who were predominantly composed of members of a higher caste and Adivasi communities. When I sat down to speak with the village elder, he described the situation as follows:
{"title":"The Delicate Task of Including Different Voices in Environmental Law Making in India","authors":"Arpitha Kodiveri","doi":"10.1093/jel/eqab030","DOIUrl":"https://doi.org/10.1093/jel/eqab030","url":null,"abstract":"1 . I N T R O D U C T I O N It was a warm and muggy day as I made my way into the Dalit (who were formerly known by the derogatory term of ‘untouchables’) basti or colony in Kandhamal, Odisha in the summer of 2015. I was there as an environmental lawyer to understand whether Dalit communities living in forest areas were able to use a progressive law called the Forest Rights Act 2006 (FRA) to gain rights over land. An issue that I will discuss in more detail later in this piece. As I walked through the tiny lanes, I noticed that Dalit forest-dwelling communities were segregated from the rest of the village who were predominantly composed of members of a higher caste and Adivasi communities. When I sat down to speak with the village elder, he described the situation as follows:","PeriodicalId":46437,"journal":{"name":"Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":1.9,"publicationDate":"2021-10-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48104148","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}
An endling is the last remaining individual of a plant or animal species. The quote above is from the ‘endling novella’ contained within my recent publication in the Griffith Law Review. In that journal article, I speak in different voices. One voice is traditionally academic—an analytical examination of extinction within the literature and within the law. The other voices are the human and non-human voices of the characters of the novella: Nature’s Ghost, Live-Human and endlings past (Muru, the last Thylacine), recent (Gump, the final Christmas Island Forest Skink) and future (Myrme, the ultimate numbat). I do not seek to reproduce that work here. I do want you to imagine a present and a multitude of possible futures from the perspective of an ‘other-than-human’ being. I do want you to wonder what it might be like to be the last of a kind. Both radical imagination and relational imagining with our more-than-human kin are needed to address the interconnected challenges of the Anthropocene such as extinction, climate change, and inequity. Yet, as Boulot and Sterlin highlight, environmental law remains in a ‘one-world-world paradigm’. A paradigm where ‘human’ use of the ‘environment’ is premised on determining allowable harm rather than on obligations to, and relationships with, more-than-human nature. If environmental law scholarship is to remain useful given the novel implications of global environmental change, there is the need not only for new and ‘better’ collectives of knowledge but also more expansive and inclusive paradigms.
{"title":"Fiction as Legal Method—Imagining with the More-than-Human to Awaken Our Plural Selves","authors":"Michelle Lim","doi":"10.1093/jel/eqab031","DOIUrl":"https://doi.org/10.1093/jel/eqab031","url":null,"abstract":"An endling is the last remaining individual of a plant or animal species. The quote above is from the ‘endling novella’ contained within my recent publication in the Griffith Law Review. In that journal article, I speak in different voices. One voice is traditionally academic—an analytical examination of extinction within the literature and within the law. The other voices are the human and non-human voices of the characters of the novella: Nature’s Ghost, Live-Human and endlings past (Muru, the last Thylacine), recent (Gump, the final Christmas Island Forest Skink) and future (Myrme, the ultimate numbat). I do not seek to reproduce that work here. I do want you to imagine a present and a multitude of possible futures from the perspective of an ‘other-than-human’ being. I do want you to wonder what it might be like to be the last of a kind. Both radical imagination and relational imagining with our more-than-human kin are needed to address the interconnected challenges of the Anthropocene such as extinction, climate change, and inequity. Yet, as Boulot and Sterlin highlight, environmental law remains in a ‘one-world-world paradigm’. A paradigm where ‘human’ use of the ‘environment’ is premised on determining allowable harm rather than on obligations to, and relationships with, more-than-human nature. If environmental law scholarship is to remain useful given the novel implications of global environmental change, there is the need not only for new and ‘better’ collectives of knowledge but also more expansive and inclusive paradigms.","PeriodicalId":46437,"journal":{"name":"Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":1.9,"publicationDate":"2021-10-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42947474","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 public interest litigation (EPIL) is an important development in the evolving framework of environmental governance in China. Through quantitative and qualitative analyses of decided cases brought by local government, public prosecutors and environmental non-governmental organisations (NGOs), this study critically examines the features, strengths, difficulties and obstacles in the EPIL practice of China. While there is remarkable success overall for all three groups in terms of outcome, they each display different approaches and focuses. The prosecutors have established themselves as the cornerstone of the system by being the most efficient in winning the greatest number of cases. NGOs moved away from collaboration with the prosecutors in low-value cases, effectively into a competition with the government in a smaller number of high-value cases, though they are willing to venture into areas where others hesitate over. The findings offer valuable insights into current EPIL practice and inform future policy adjustment and legislation.
{"title":"Environmental Public Interest Litigation in China: Findings from 570 Court Cases Brought by NGOs, Public Prosecutors and Local Government","authors":"Lei Xie, Lu Xu","doi":"10.1093/jel/eqab029","DOIUrl":"https://doi.org/10.1093/jel/eqab029","url":null,"abstract":"Environmental public interest litigation (EPIL) is an important development in the evolving framework of environmental governance in China. Through quantitative and qualitative analyses of decided cases brought by local government, public prosecutors and environmental non-governmental organisations (NGOs), this study critically examines the features, strengths, difficulties and obstacles in the EPIL practice of China. While there is remarkable success overall for all three groups in terms of outcome, they each display different approaches and focuses. The prosecutors have established themselves as the cornerstone of the system by being the most efficient in winning the greatest number of cases. NGOs moved away from collaboration with the prosecutors in low-value cases, effectively into a competition with the government in a smaller number of high-value cases, though they are willing to venture into areas where others hesitate over. The findings offer valuable insights into current EPIL practice and inform future policy adjustment and legislation.","PeriodicalId":46437,"journal":{"name":"Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":1.9,"publicationDate":"2021-10-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46318983","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}
Through the Constitutional amendments of 2018, the environmental provisions in China’s Constitution have been further developed. Policy endorsement from the Communist Party of China is a key factor that prompted the inclusion of additional environmental provisions in the 2018 constitutional amendments. China’s environmental Constitution adopts the ‘national objective provision’ approach which imposes obligations of environmental care on State institutions and public authorities, such as the legislature, the executive and the judiciary. These are the two most important characteristics of environmental constitutionalism in China. This analysis traces the development of China’s environmental constitution and examines the constitutional significance of the provisions inserted in the Preamble and those expanded upon in the constitutional mandate of the State Council.
{"title":"Environmental Constitutionalism with Chinese Characteristics","authors":"Haohan Shen","doi":"10.1093/jel/eqab027","DOIUrl":"https://doi.org/10.1093/jel/eqab027","url":null,"abstract":"\u0000 Through the Constitutional amendments of 2018, the environmental provisions in China’s Constitution have been further developed. Policy endorsement from the Communist Party of China is a key factor that prompted the inclusion of additional environmental provisions in the 2018 constitutional amendments. China’s environmental Constitution adopts the ‘national objective provision’ approach which imposes obligations of environmental care on State institutions and public authorities, such as the legislature, the executive and the judiciary. These are the two most important characteristics of environmental constitutionalism in China. This analysis traces the development of China’s environmental constitution and examines the constitutional significance of the provisions inserted in the Preamble and those expanded upon in the constitutional mandate of the State Council.","PeriodicalId":46437,"journal":{"name":"Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":1.9,"publicationDate":"2021-09-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46343206","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 analysis examines three recent and ongoing Canadian climate change litigation cases: ENvironnement JEUnesse c Procureur général du Canada, La Rose v Canada and Mathur v Ontario. Consistent with international climate change litigation trends, these cases are youth-led and rights-based and they advance claims for present and future generations. They present apparently conflicting judicial views on the justiciability of climate change claims and on the use of the Canadian Charter of Rights and Freedoms to advance such claims. We examine these issues. We also analyse the insights the cases offer into the connections between litigants’ procedural choices and early success, either in withstanding a motion to strike, or in obtaining court authorisation to proceed by way of class action.
{"title":"Recent Youth-Led and Rights-Based Climate Change Litigation in Canada: Reconciling Justiciability, Charter Claims and Procedural Choices","authors":"Camille Cameron, Riley Weyman","doi":"10.1093/jel/eqab026","DOIUrl":"https://doi.org/10.1093/jel/eqab026","url":null,"abstract":"\u0000 This analysis examines three recent and ongoing Canadian climate change litigation cases: ENvironnement JEUnesse c Procureur général du Canada, La Rose v Canada and Mathur v Ontario. Consistent with international climate change litigation trends, these cases are youth-led and rights-based and they advance claims for present and future generations. They present apparently conflicting judicial views on the justiciability of climate change claims and on the use of the Canadian Charter of Rights and Freedoms to advance such claims. We examine these issues. We also analyse the insights the cases offer into the connections between litigants’ procedural choices and early success, either in withstanding a motion to strike, or in obtaining court authorisation to proceed by way of class action.","PeriodicalId":46437,"journal":{"name":"Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":1.9,"publicationDate":"2021-09-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44636695","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 recent years, several countries have adopted a new legal approach to address ecological damages by granting fundamental rights to non-human natural entities. Yet, little is known about the actual impacts of this new constitutionalism of nature on environmental protection. This article seeks to better understand these impacts by presenting a case study of the Colombian Atrato River decision. Based on implementation reports and qualitative interviews with the river’s legal guardians and state officials, it argues that rights of nature can be an important impetus for change. However, at least in Colombia, their impacts relate less to legal standing of natural entities, as presumed in the literature, but rather to improvements in policymaking. To transform complex ecological crises in weak governance areas, strengthening local state institutions and integral environmental policies are more important than rights of nature. But they can play a role in this regard.
{"title":"Rights of Nature in Practice: A Case Study on the Impacts of the Colombian Atrato River Decision","authors":"P. Wesche","doi":"10.1093/jel/eqab021","DOIUrl":"https://doi.org/10.1093/jel/eqab021","url":null,"abstract":"\u0000 In recent years, several countries have adopted a new legal approach to address ecological damages by granting fundamental rights to non-human natural entities. Yet, little is known about the actual impacts of this new constitutionalism of nature on environmental protection. This article seeks to better understand these impacts by presenting a case study of the Colombian Atrato River decision. Based on implementation reports and qualitative interviews with the river’s legal guardians and state officials, it argues that rights of nature can be an important impetus for change. However, at least in Colombia, their impacts relate less to legal standing of natural entities, as presumed in the literature, but rather to improvements in policymaking. To transform complex ecological crises in weak governance areas, strengthening local state institutions and integral environmental policies are more important than rights of nature. But they can play a role in this regard.","PeriodicalId":46437,"journal":{"name":"Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":1.9,"publicationDate":"2021-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45033301","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 studies bilateral partnerships on reducing emissions from deforestation and forest degradation (REDD+), particularly those led by Norway, through the conceptual lens of legal diffusion. The article argues that rules created through such partnerships have significantly influenced rulemaking under the United Nations Framework Convention on Climate Change. It shows that bilaterally developed rules have spread to other countries beyond the original partners, particularly in respect of topics such as financial institutional structures and a results-based approach to REDD+. Reciprocal legal influence between multilateral and bilateral legal developments can further be seen in relation to other topics, such as monitoring, reporting and verification. The article shows that legal concepts related to REDD+ travelled in different directions, showcasing interactions between bilateral and multilateral arenas in the construction of international norms, as well as interactions between the law for environmental protection and development cooperation.
{"title":"Shaping REDD+: Interactions between Bilateral and Multilateral Rulemaking","authors":"María Eugenia Recio","doi":"10.1093/jel/eqab025","DOIUrl":"https://doi.org/10.1093/jel/eqab025","url":null,"abstract":"\u0000 This article studies bilateral partnerships on reducing emissions from deforestation and forest degradation (REDD+), particularly those led by Norway, through the conceptual lens of legal diffusion. The article argues that rules created through such partnerships have significantly influenced rulemaking under the United Nations Framework Convention on Climate Change. It shows that bilaterally developed rules have spread to other countries beyond the original partners, particularly in respect of topics such as financial institutional structures and a results-based approach to REDD+. Reciprocal legal influence between multilateral and bilateral legal developments can further be seen in relation to other topics, such as monitoring, reporting and verification. The article shows that legal concepts related to REDD+ travelled in different directions, showcasing interactions between bilateral and multilateral arenas in the construction of international norms, as well as interactions between the law for environmental protection and development cooperation.","PeriodicalId":46437,"journal":{"name":"Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":1.9,"publicationDate":"2021-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49666413","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：