{"title":"Bringing animal welfare under the umbrella of sustainable development: A legal analysis","authors":"Elien Verniers","doi":"10.1111/reel.12414","DOIUrl":"https://doi.org/10.1111/reel.12414","url":null,"abstract":"","PeriodicalId":51681,"journal":{"name":"Review of European Comparative & International Environmental Law","volume":"13 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2021-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78151957","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":"Business and human rights implications of climate change litigation:\u0000 Milieudefensie et al\u0000 .\u0000 v Royal Dutch Shell","authors":"C. Macchi, J. Zeben","doi":"10.1111/reel.12416","DOIUrl":"https://doi.org/10.1111/reel.12416","url":null,"abstract":"","PeriodicalId":51681,"journal":{"name":"Review of European Comparative & International Environmental Law","volume":"5 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2021-10-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75796152","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}
Given the poor problem-solving effectiveness of international environmental law and a decline in multilateralism, unilateral approaches to halting deforestation globally have acquired increasing significance. Within this context, the European Union (EU) has adopted the EU Timber Regulation and the first and second Renewable Energy Directive, all of which have extraterritorial implications. Given continuing high rates of defor-estation, the European Union has also been assessing which mix of instruments might prove more effective in preventing global deforestation. This article contextualizes these regulatory endeavours, analyses the specific interactions and features of existing instruments under EU law, such as due diligence obligations, sustainability criteria, certification schemes and bilateral agreements, and discusses the challenges arising from World Trade Organization (WTO) law regarding potentially more effective mandatory instruments. It finds that while the existing framework contains promising pathways for future regulation, designing sustainability criteria that are technically meaningful and also feasible from the perspective of WTO law requires greater policy coherence.
{"title":"Protecting forests or saving trees? The EU's regulatory approach to global deforestation","authors":"Elisabeth V. Henn","doi":"10.1111/reel.12413","DOIUrl":"https://doi.org/10.1111/reel.12413","url":null,"abstract":"Given the poor problem-solving effectiveness of international environmental law and a decline in multilateralism, unilateral approaches to halting deforestation globally have acquired increasing significance. Within this context, the European Union (EU) has adopted the EU Timber Regulation and the first and second Renewable Energy Directive, all of which have extraterritorial implications. Given continuing high rates of defor-estation, the European Union has also been assessing which mix of instruments might prove more effective in preventing global deforestation. This article contextualizes these regulatory endeavours, analyses the specific interactions and features of existing instruments under EU law, such as due diligence obligations, sustainability criteria, certification schemes and bilateral agreements, and discusses the challenges arising from World Trade Organization (WTO) law regarding potentially more effective mandatory instruments. It finds that while the existing framework contains promising pathways for future regulation, designing sustainability criteria that are technically meaningful and also feasible from the perspective of WTO law requires greater policy coherence.","PeriodicalId":51681,"journal":{"name":"Review of European Comparative & International Environmental Law","volume":"35 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2021-09-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78585598","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 is central to both the 2030 Agenda for Sustainable Development and the Paris Agreement and a prerequisite to the realization of human rights for billions of people. Yet the nexus between human rights, climate change and energy remains underdeveloped in international law and practice. This article considers the potential and limitations of a ‘human rights approach’ to energy to accelerate progress towards universal access to modern energy services while addressing climate change and inequalities. It considers three distinct elements of a human rights approach to energy: a discursive element; a mainstreaming element; and a litigation element. In exploring the potential contributions of each of these elements to a just energy transition, it demonstrates how a human rights approach to energy can help to address some of the shortcomings of the Sustainable Development Goals related to energy and climate.
{"title":"A human rights approach to energy: Realizing the rights of billions within ecological limits","authors":"M. Wewerinke‐Singh","doi":"10.1111/reel.12412","DOIUrl":"https://doi.org/10.1111/reel.12412","url":null,"abstract":"Energy is central to both the 2030 Agenda for Sustainable Development and the Paris \u0000Agreement and a prerequisite to the realization of human rights for billions of people. \u0000Yet the nexus between human rights, climate change and energy remains underdeveloped \u0000in international law and practice. This article considers the potential and limitations \u0000of a ‘human rights approach’ to energy to accelerate progress towards universal \u0000access to modern energy services while addressing climate change and inequalities. It \u0000considers three distinct elements of a human rights approach to energy: a discursive \u0000element; a mainstreaming element; and a litigation element. In exploring the potential \u0000contributions of each of these elements to a just energy transition, it demonstrates \u0000how a human rights approach to energy can help to address some of the shortcomings \u0000of the Sustainable Development Goals related to energy and climate.","PeriodicalId":51681,"journal":{"name":"Review of European Comparative & International Environmental Law","volume":"22 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2021-08-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76574420","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":"Arrested ambition? Foreign investor protections, stabilization clauses and fossil‐fuelled power generation in developing countries","authors":"G. Moon","doi":"10.1111/REEL.12410","DOIUrl":"https://doi.org/10.1111/REEL.12410","url":null,"abstract":"","PeriodicalId":51681,"journal":{"name":"Review of European Comparative & International Environmental Law","volume":"61 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2021-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79430627","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 mirage of universalism in international nuclear liability law: A critical assessment 10 years after Fukushima","authors":"J. Handrlica","doi":"10.1111/REEL.12407","DOIUrl":"https://doi.org/10.1111/REEL.12407","url":null,"abstract":"","PeriodicalId":51681,"journal":{"name":"Review of European Comparative & International Environmental Law","volume":"53 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2021-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80152855","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, climate cases to combat illegal deforestation in the Amazon have begun to be brought before Brazilian courts. We focus on a lawsuit filed by the Institute of Amazonian Studies against the Brazilian state. The lawsuit seeks not only an order to compel the federal government to comply with national climate law but also the recognition of a fundamental right to a stable climate, for present and future generations, under the Brazilian Constitution. We argue that this case both exists in the context of a transnational movement, as it draws from existing rights-based cases, whilst also trying to develop this movement. This lawsuit seeks to establish that a stable climate system is critical to the protection of other fundamental rights. We consider what it means to seek a constitutional right to a stable climate through courts within the wider context in which national governance systems are constitutionalizing climate change commitments.
{"title":"Climate litigation to protect the Brazilian Amazon: Establishing a constitutional right to a stable climate","authors":"J. Setzer, Délton Winter de Carvalho","doi":"10.1111/REEL.12409","DOIUrl":"https://doi.org/10.1111/REEL.12409","url":null,"abstract":"In recent years, climate cases to combat illegal deforestation in the Amazon have begun to be brought before Brazilian courts. We focus on a lawsuit filed by the Institute of Amazonian Studies against the Brazilian state. The lawsuit seeks not only an order to compel the federal government to comply with national climate law but also the recognition of a fundamental right to a stable climate, for present and future generations, under the Brazilian Constitution. We argue that this case both exists in the context of a transnational movement, as it draws from existing rights-based cases, whilst also trying to develop this movement. This lawsuit seeks to establish that a stable climate system is critical to the protection of other fundamental rights. We consider what it means to seek a constitutional right to a stable climate through courts within the wider context in which national governance systems are constitutionalizing climate change commitments.","PeriodicalId":51681,"journal":{"name":"Review of European Comparative & International Environmental Law","volume":"76 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78296114","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":"Zero deforestation in the Amazon: The Soy Moratorium and global forest governance","authors":"M. Paim","doi":"10.1111/REEL.12408","DOIUrl":"https://doi.org/10.1111/REEL.12408","url":null,"abstract":"","PeriodicalId":51681,"journal":{"name":"Review of European Comparative & International Environmental Law","volume":"16 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76130833","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 Special Issue aims to critically evaluate the current legal and institutional frameworks for environmental protection in the Amazon, against the backdrop of increasing deforestation rates, forest fires, and unfavourable political contexts in some of the Amazon countries. In this vein, the contributions to this Special Issue discuss legal pathways that may contribute to the protection of the Amazon. These include (national, regional and international) laws and policies; domestic and international litigation; and market-based mechanisms and private sector initiatives aimed at reducing deforestation and forest degradation. The Special Issue also highlights the challenges related to regional cooperation and forest governance more broadly.
{"title":"Editorial: The legal protection of the Amazon rainforest","authors":"Rita de Cássia de Faria Pereira, Beatriz Garcia","doi":"10.1111/REEL.12411","DOIUrl":"https://doi.org/10.1111/REEL.12411","url":null,"abstract":"This Special Issue aims to critically evaluate the current legal and institutional frameworks for environmental protection in the Amazon, against the backdrop of increasing deforestation rates, forest fires, and unfavourable political contexts in some of the Amazon countries. In this vein, the contributions to this Special Issue discuss legal pathways that may contribute to the protection of the Amazon. These include (national, regional and international) laws and policies; domestic and international litigation; and market-based mechanisms and private sector initiatives aimed at reducing deforestation and forest degradation. The Special Issue also highlights the challenges related to regional cooperation and forest governance more broadly.","PeriodicalId":51681,"journal":{"name":"Review of European Comparative & International Environmental Law","volume":"22 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74288071","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}
Pub Date : 2021-07-01Epub Date: 2021-04-19DOI: 10.1111/reel.12396
Maria Antonia Tigre
COVID-19 has shed light on humanity's interconnectedness with nature. The protection of biodiversity is essential to prevent future pandemics and protect human health. With rising deforestation levels, the Amazon basin is a centre stage in this debate. Lacking a regional strategy to protect the rainforest, Amazon countries are failing to protect their rich biodiversity. The transboundary effects of Amazonia's destruction are often overlooked. Simultaneously, the COVID-19 pandemic shows how cooperation between states is more critical than ever. This article examines how Amazon countries have jointly addressed the pandemic, demonstrating the effectiveness of regional agreements and their role in pandemic prevention. The right to a healthy environment is central to this investigation, given the role of forests and biodiversity in preventing zoonotic diseases. This article thus asks: What are the duties of States to protect the environment and indigenous communities during COVID-19 and potentially future pandemics? In this context, it considers the developing jurisprudence of the Inter-American System of Human Rights and its potential effects on regional and national implementation of environmental obligations.
{"title":"COVID-19 and Amazonia: Rights-based approaches for the pandemic response.","authors":"Maria Antonia Tigre","doi":"10.1111/reel.12396","DOIUrl":"https://doi.org/10.1111/reel.12396","url":null,"abstract":"<p><p>COVID-19 has shed light on humanity's interconnectedness with nature. The protection of biodiversity is essential to prevent future pandemics and protect human health. With rising deforestation levels, the Amazon basin is a centre stage in this debate. Lacking a regional strategy to protect the rainforest, Amazon countries are failing to protect their rich biodiversity. The transboundary effects of Amazonia's destruction are often overlooked. Simultaneously, the COVID-19 pandemic shows how cooperation between states is more critical than ever. This article examines how Amazon countries have jointly addressed the pandemic, demonstrating the effectiveness of regional agreements and their role in pandemic prevention. The right to a healthy environment is central to this investigation, given the role of forests and biodiversity in preventing zoonotic diseases. This article thus asks: What are the duties of States to protect the environment and indigenous communities during COVID-19 and potentially future pandemics? In this context, it considers the developing jurisprudence of the Inter-American System of Human Rights and its potential effects on regional and national implementation of environmental obligations.</p>","PeriodicalId":51681,"journal":{"name":"Review of European Comparative & International Environmental Law","volume":"30 2","pages":"162-172"},"PeriodicalIF":2.3,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8251405/pdf/REEL-30-162.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"39159263","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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