Effective biodiversity protection is generally associated with a strict rule of law and democratic participation in environmental decision making. Norway's exceptional ranking in terms of governance, however, has failed to be a predictor of effective biodiversity protection. Through a systematic review of the main regulatory frameworks relevant to protecting biodiversity in Norway, this article analyses the misconceptions, perverse incentives and institutional bottlenecks that lie at the centre of the problem. The analysis finds three overarching barriers that regulatory frameworks have created to the effective protection and promotion of biodiversity in Norway, namely, a governance system based on diffuse legal obligations and responsibilities, excessive trust in private operators and considerable discretion to local entities. Accordingly, this article proposes three enabling factors, and related reform suggestions, for mitigating such barriers and domesticating earth system governance in biodiversity matters.
{"title":"A paper tiger in the fog of governance: Norway's riddle in biodiversity matters","authors":"Esmeralda Colombo","doi":"10.1111/reel.12526","DOIUrl":"https://doi.org/10.1111/reel.12526","url":null,"abstract":"Effective biodiversity protection is generally associated with a strict rule of law and democratic participation in environmental decision making. Norway's exceptional ranking in terms of governance, however, has failed to be a predictor of effective biodiversity protection. Through a systematic review of the main regulatory frameworks relevant to protecting biodiversity in Norway, this article analyses the misconceptions, perverse incentives and institutional bottlenecks that lie at the centre of the problem. The analysis finds three overarching barriers that regulatory frameworks have created to the effective protection and promotion of biodiversity in Norway, namely, a governance system based on diffuse legal obligations and responsibilities, excessive trust in private operators and considerable discretion to local entities. Accordingly, this article proposes three enabling factors, and related reform suggestions, for mitigating such barriers and domesticating earth system governance in biodiversity matters.","PeriodicalId":51681,"journal":{"name":"Review of European Comparative & International Environmental Law","volume":"14 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2023-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138688401","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}
Ana Mendes, Lorena Martínez Hernández, Léa Badoz, Lydia Slobodian, João E. Rabaça
Ecological restoration is of crucial importance to mitigate the impact of human activity on the environment and preserve biodiversity and ecosystem services. Therefore, the concept of restoration is at the core of international and European Union (EU) environmental policy and governance. This article seeks to shed light on this concept in international and European case law. To this end, it reviews the definition, objectives and scope of restoration according to international scientific standards. It further distinguishes restoration from other related terms such as compensation, mitigation, conservation and rehabilitation. The article then analyses judgements rendered by the International Court of Justice, the Court of Justice of the EU and EU Member States' courts pertaining to restoration. It concludes that there are wide discrepancies in the use of the term restoration by the judiciary, in particular with regard to objectives, baselines and reference conditions. In light of these conclusions, the authors support the adoption of a legal definition of restoration.
{"title":"Towards a legal definition of ecological restoration: Reviewing international, European and Member States' case law","authors":"Ana Mendes, Lorena Martínez Hernández, Léa Badoz, Lydia Slobodian, João E. Rabaça","doi":"10.1111/reel.12476","DOIUrl":"https://doi.org/10.1111/reel.12476","url":null,"abstract":"Ecological restoration is of crucial importance to mitigate the impact of human activity on the environment and preserve biodiversity and ecosystem services. Therefore, the concept of restoration is at the core of international and European Union (EU) environmental policy and governance. This article seeks to shed light on this concept in international and European case law. To this end, it reviews the definition, objectives and scope of restoration according to international scientific standards. It further distinguishes restoration from other related terms such as compensation, mitigation, conservation and rehabilitation. The article then analyses judgements rendered by the International Court of Justice, the Court of Justice of the EU and EU Member States' courts pertaining to restoration. It concludes that there are wide discrepancies in the use of the term restoration by the judiciary, in particular with regard to objectives, baselines and reference conditions. In light of these conclusions, the authors support the adoption of a legal definition of restoration.","PeriodicalId":51681,"journal":{"name":"Review of European Comparative & International Environmental Law","volume":"480 ","pages":""},"PeriodicalIF":2.3,"publicationDate":"2022-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138504550","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":"Displacing the human? Foucauldian analyses of the Convention on Biological Diversity","authors":"Phillip Paiement","doi":"10.1111/reel.12441","DOIUrl":"https://doi.org/10.1111/reel.12441","url":null,"abstract":"","PeriodicalId":51681,"journal":{"name":"Review of European Comparative & International Environmental Law","volume":"357 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2022-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138504546","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}
Restoring functional ecosystems in Europe inter alia requires restoring large mammal (megafauna) diversity and densities to levels well above the current downgraded state, which results from a human-driven wave of megafauna extinctions and extirpations in the Late Pleistocene and Holocene. Combining law and natural science, we address the question to what degrees international legal instruments support or require such megafauna rewilding efforts. We provide an overview of Europe's current megafauna plus those species that would likely have been present without human interference. We categorize these species and restoration scenarios in ways that make sense from a legal perspective and identify and interpret relevant legal instruments. Our analysis indicates that Article 8(f) of the Convention on Biological Diversity requires restoring the diversity and densities of Europe's megafauna as far as possible—which is indeed quite far. Depending on the circumstances, megafauna rewilding measures can also be required or supported by various other legal instruments at global, pan-European, European Union and other levels.
{"title":"Megafauna restoration as a legal obligation: International biodiversity law and the rehabilitation of large mammals in Europe","authors":"Arie Trouwborst, Jens-Christian Svenning","doi":"10.1111/reel.12443","DOIUrl":"https://doi.org/10.1111/reel.12443","url":null,"abstract":"Restoring functional ecosystems in Europe inter alia requires restoring large mammal (megafauna) diversity and densities to levels well above the current downgraded state, which results from a human-driven wave of megafauna extinctions and extirpations in the Late Pleistocene and Holocene. Combining law and natural science, we address the question to what degrees international legal instruments support or require such megafauna rewilding efforts. We provide an overview of Europe's current megafauna plus those species that would likely have been present without human interference. We categorize these species and restoration scenarios in ways that make sense from a legal perspective and identify and interpret relevant legal instruments. Our analysis indicates that Article 8(f) of the Convention on Biological Diversity requires restoring the diversity and densities of Europe's megafauna as far as possible—which is indeed quite far. Depending on the circumstances, megafauna rewilding measures can also be required or supported by various other legal instruments at global, pan-European, European Union and other levels.","PeriodicalId":51681,"journal":{"name":"Review of European Comparative & International Environmental Law","volume":"357 2","pages":""},"PeriodicalIF":2.3,"publicationDate":"2022-04-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138504545","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}
Romina Schaller, Till Markus, Klaas Korte, E. Gawel
{"title":"Atmospheric CO\u0000 2\u0000 as a resource for renewable energy production: A European energy law appraisal of direct air capture fuels","authors":"Romina Schaller, Till Markus, Klaas Korte, E. Gawel","doi":"10.1111/reel.12434","DOIUrl":"https://doi.org/10.1111/reel.12434","url":null,"abstract":"","PeriodicalId":51681,"journal":{"name":"Review of European Comparative & International Environmental Law","volume":"12 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2022-02-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84760530","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":"A democratic nuclear energy transition? Public participation in nuclear activities","authors":"Leslie‐Anne Duvic‐Paoli, Priska Lueger","doi":"10.1111/reel.12433","DOIUrl":"https://doi.org/10.1111/reel.12433","url":null,"abstract":"","PeriodicalId":51681,"journal":{"name":"Review of European Comparative & International Environmental Law","volume":"27 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2022-02-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84601054","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":"Making space for indigenous law in state‐led decisions about hydropower dams: Lessons from environmental assessments in Canada and Brazil","authors":"Rebeca Macias Gimenez","doi":"10.1111/reel.12432","DOIUrl":"https://doi.org/10.1111/reel.12432","url":null,"abstract":"","PeriodicalId":51681,"journal":{"name":"Review of European Comparative & International Environmental Law","volume":"51 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2022-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79020424","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 right to a healthy environment: Reconceptualizing human rights in the face of climate change","authors":"Elena Cima","doi":"10.1111/reel.12430","DOIUrl":"https://doi.org/10.1111/reel.12430","url":null,"abstract":"","PeriodicalId":51681,"journal":{"name":"Review of European Comparative & International Environmental Law","volume":"47 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2022-01-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87138664","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 evaluates the European Court of Human Rights (ECtHR) approach to the right to water, drawing on three key aspects characterizing a minimum core right to water: quality, availability and accessibility. The article argues that the right to water should be seen as a civil right, which can be directly enforced by the ECtHR, rather than being adjudicated as a programmatic right subject to a wide margin of appreciation. Currently, the Court pursues two tracks in water‐related cases. On the one hand, it considers the right to water as a right that should be realized progressively and is subject to a wide margin of appreciation. On the other hand, in relation to prisoner and asylum seekers' rights, the Court has recognized that limited access to water can constitute ill treatment contrary to Article 3. Finally, the right to water faces obstacles to its adequate enforcement before the Court as litigants must show that they are victims of water‐related damage and they suffer individually. [ FROM AUTHOR] Copyright of Review of European Comparative & International Environmental Law is the property of Wiley-Blackwell and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full . (Copyright applies to all s.)
{"title":"Bringing the right to water into the spotlight: A civil right before the European Court of Human Rights?","authors":"H. Keller, Angela Hefti","doi":"10.1111/reel.12429","DOIUrl":"https://doi.org/10.1111/reel.12429","url":null,"abstract":"This article evaluates the European Court of Human Rights (ECtHR) approach to the right to water, drawing on three key aspects characterizing a minimum core right to water: quality, availability and accessibility. The article argues that the right to water should be seen as a civil right, which can be directly enforced by the ECtHR, rather than being adjudicated as a programmatic right subject to a wide margin of appreciation. Currently, the Court pursues two tracks in water‐related cases. On the one hand, it considers the right to water as a right that should be realized progressively and is subject to a wide margin of appreciation. On the other hand, in relation to prisoner and asylum seekers' rights, the Court has recognized that limited access to water can constitute ill treatment contrary to Article 3. Finally, the right to water faces obstacles to its adequate enforcement before the Court as litigants must show that they are victims of water‐related damage and they suffer individually. [ FROM AUTHOR] Copyright of Review of European Comparative & International Environmental Law is the property of Wiley-Blackwell and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full . (Copyright applies to all s.)","PeriodicalId":51681,"journal":{"name":"Review of European Comparative & International Environmental Law","volume":"26 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2022-01-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75442590","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":"Power in Conservation: Environmental Anthropology Beyond Political Ecology by CarolCarpenterPublished by Routledge, 2020, 219 pp., £34.99, paperback.","authors":"Nikolas P. Sellheim","doi":"10.1111/reel.12427","DOIUrl":"https://doi.org/10.1111/reel.12427","url":null,"abstract":"","PeriodicalId":51681,"journal":{"name":"Review of European Comparative & International Environmental Law","volume":"1 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2021-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78142599","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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