Human rights have been championed as the new frontier in environmental and climate change litigation, especially since the Dutch Urgenda case. However, little is known about whether this alleged turn to rights is really happening beyond a few high- profile judgments. This article examines how and when courts have relied on the European Convention on Human Rights (ECHR) and case law of the European Court of Human Rights (ECtHR) in environmental cases in the Netherlands since 2016. In doing so, it will show the broad potential and wide range of environmental cases in which rights are used. Rights talk is at the same time frequently overlooked or avoided by the parties and the courts, partly because the added value is limited in the light of specific national (EU- inspired) statutory provisions. To date, the actual impact of the EC(t)HR has been rather minimal beyond Urgenda , partly because of the limitations in the ECHR. This articles sketches avenues for further (empirical) research.
{"title":"Beyond\u0000 Urgenda\u0000 : The role of the ECHR and judgments of the ECtHR in Dutch environmental and climate litigation","authors":"J. Krommendijk","doi":"10.1111/reel.12405","DOIUrl":"https://doi.org/10.1111/reel.12405","url":null,"abstract":"Human rights have been championed as the new frontier in environmental and climate change litigation, especially since the Dutch Urgenda case. However, little is known about whether this alleged turn to rights is really happening beyond a few high- profile judgments. This article examines how and when courts have relied on the European Convention on Human Rights (ECHR) and case law of the European Court of Human Rights (ECtHR) in environmental cases in the Netherlands since 2016. In doing so, it will show the broad potential and wide range of environmental cases in which rights are used. Rights talk is at the same time frequently overlooked or avoided by the parties and the courts, partly because the added value is limited in the light of specific national (EU- inspired) statutory provisions. To date, the actual impact of the EC(t)HR has been rather minimal beyond Urgenda , partly because of the limitations in the ECHR. This articles sketches avenues for further (empirical) research.","PeriodicalId":51681,"journal":{"name":"Review of European Comparative & International Environmental Law","volume":null,"pages":null},"PeriodicalIF":2.3,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82834776","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}
Due diligence norms often require enterprises to address ‘adverse environmental impacts’ in their value chains. It is, however, rare for that phrase to be defined. Thus, it is not known precisely what effects are to be prevented or remedied or, where relevant, when sanctions and/or liability can be imposed. This article seeks to determine how ‘adverse environmental impact’ should be conceptualized in these norms, a question largely unexplored in the literature. It is argued that the polluter- pays principle, and theory of cost internalization that it is built upon, offers a stable normative base from which to sculpt a robust definition. With specificity garnered from exemplar legal frameworks, it is demonstrated that ‘traditional damage’ (e.g. damage to property or human health) and damage to the environment itself ought to be covered by the phrase. This will ensure that incentives for prevention can be harnessed and that the costs of an enterprise’s goods and services will reflect their true social cost more closely.
{"title":"Due diligence in global value chains: Conceptualizing ‘adverse environmental impact’","authors":"C. Mackie","doi":"10.1111/reel.12406","DOIUrl":"https://doi.org/10.1111/reel.12406","url":null,"abstract":"Due diligence norms often require enterprises to address ‘adverse environmental impacts’ in their value chains. It is, however, rare for that phrase to be defined. Thus, it is not known precisely what effects are to be prevented or remedied or, where relevant, when sanctions and/or liability can be imposed. This article seeks to determine how ‘adverse environmental impact’ should be conceptualized in these norms, a question largely unexplored in the literature. It is argued that the polluter- pays principle, and theory of cost internalization that it is built upon, offers a stable normative base from which to sculpt a robust definition. With specificity garnered from exemplar legal frameworks, it is demonstrated that ‘traditional damage’ (e.g. damage to property or human health) and damage to the environment itself ought to be covered by the phrase. This will ensure that incentives for prevention can be harnessed and that the costs of an enterprise’s goods and services will reflect their true social cost more closely.","PeriodicalId":51681,"journal":{"name":"Review of European Comparative & International Environmental Law","volume":null,"pages":null},"PeriodicalIF":2.3,"publicationDate":"2021-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90162536","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":"To ban or not to ban carbon‐intensive materials: A legal and administrative assessment of product carbon requirements","authors":"T. Gerres, M. Haussner, K. Neuhoff, A. Pirlot","doi":"10.1111/REEL.12395","DOIUrl":"https://doi.org/10.1111/REEL.12395","url":null,"abstract":"","PeriodicalId":51681,"journal":{"name":"Review of European Comparative & International Environmental Law","volume":null,"pages":null},"PeriodicalIF":2.3,"publicationDate":"2021-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1111/REEL.12395","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41269254","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 capture and storage (CCS) is a wellknown climate change mitigation technology. In a nutshell, carbon dioxide (CO2) is captured at power plants or industrial plants (cement, paper, chemicals, etc.), transported, and injected into suitable geological formations. Such formations may be onshore or offshore. Offshore, the transport can take place through pipelines or by ships. CCS has two roles. In its first role, CCS is a bridging technology to reduce the CO2 emissions of the power sector during the transition to renewable energy. In its second role, CCS is used to reduce emissions from CO2generating industrial processes. 1 Both of these roles are to be part of the portfolio of measures required to meet the 1.5°C or 2°C goals of the Paris Agreement.2 CCS is a recognized emission reduction technology in the UNFCCC’s framework: CCS came under the Clean Development Mechanism (CDM) of the Kyoto Protocol,3 and it is expected that it will also be an eligible activity under the Sustainable Development Mechanism (SDM) of the Paris Agreement.4 Further, CCS is also eligible for support from the Green
{"title":"Are we ready for the ship transport of CO\u0000 2\u0000 for CCS? Crude solutions from international and European law","authors":"V. Weber","doi":"10.1111/REEL.12399","DOIUrl":"https://doi.org/10.1111/REEL.12399","url":null,"abstract":"Carbon capture and storage (CCS) is a wellknown climate change mitigation technology. In a nutshell, carbon dioxide (CO2) is captured at power plants or industrial plants (cement, paper, chemicals, etc.), transported, and injected into suitable geological formations. Such formations may be onshore or offshore. Offshore, the transport can take place through pipelines or by ships. CCS has two roles. In its first role, CCS is a bridging technology to reduce the CO2 emissions of the power sector during the transition to renewable energy. In its second role, CCS is used to reduce emissions from CO2generating industrial processes. 1 Both of these roles are to be part of the portfolio of measures required to meet the 1.5°C or 2°C goals of the Paris Agreement.2 CCS is a recognized emission reduction technology in the UNFCCC’s framework: CCS came under the Clean Development Mechanism (CDM) of the Kyoto Protocol,3 and it is expected that it will also be an eligible activity under the Sustainable Development Mechanism (SDM) of the Paris Agreement.4 Further, CCS is also eligible for support from the Green","PeriodicalId":51681,"journal":{"name":"Review of European Comparative & International Environmental Law","volume":null,"pages":null},"PeriodicalIF":2.3,"publicationDate":"2021-06-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79552024","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 dioxide removal (CDR) is often characterized as separate from climate change mitigation. Discussion of CDR governance – despite enjoying growing interest – tends to overlook how key provisions on mitigation apply. Similarly, many climate policy processes have ignored CDR. CDR may have been discursively held separate from ‘mitigation’ due to a partial conceptual overlap with ‘geoengineering’. We unpack how the ‘mitigation of climate change’ – as defined in the United Nations Framework Convention on Climate Change and its Paris Agreement – includes CDR as defined by the Intergovernmental Panel on Climate Change. We point to important implications and opportunities for strengthening governance by enhanced clarity regarding parties’ obligations, principled equitable distribution of removal efforts, prioritization of rapid emissions reductions and careful paths to long-term removals
{"title":"Is carbon dioxide removal ‘mitigation of climate change’?","authors":"Matthias Honegger, W. Burns, D. Morrow","doi":"10.1111/REEL.12401","DOIUrl":"https://doi.org/10.1111/REEL.12401","url":null,"abstract":"Carbon dioxide removal (CDR) is often characterized as separate from climate change mitigation. Discussion of CDR governance – despite enjoying growing interest – tends to overlook how key provisions on mitigation apply. Similarly, many climate policy processes have ignored CDR. CDR may have been discursively held separate from ‘mitigation’ due to a partial conceptual overlap with ‘geoengineering’. We unpack how the ‘mitigation of climate change’ – as defined in the United Nations Framework Convention on Climate Change and its Paris Agreement – includes CDR as defined by the Intergovernmental Panel on Climate Change. We point to important implications and opportunities for strengthening governance by enhanced clarity regarding parties’ obligations, principled equitable distribution of removal efforts, prioritization of rapid emissions reductions and careful paths to long-term removals","PeriodicalId":51681,"journal":{"name":"Review of European Comparative & International Environmental Law","volume":null,"pages":null},"PeriodicalIF":2.3,"publicationDate":"2021-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84564347","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 recognition of land title and demarcation of indigenous peoples’ ancestral lands and the guarantee of the rights of consultation and free, prior and informed consent in the context of large infrastructure projects represent some of the major challenges for indigenous peoples and communities in the Amazon States. These challenges have been exacerbated by the election of the current Brazilian federal government in power since January 2019. Yet a significant development with the potential to strengthen participatory environmental governance in the region followed the adoption and entry into force in April 2021 of the 2018 Regional Agreement on Access to Environmental Information, Public Participation and Access to Justice in Latin America and the Caribbean. This article will argue that national environmental impact assessment and licensing procedures must integrate a human rights approach to project impact assessments to safeguard the protection of the environment and indigenous peoples’ fundamental rights.
{"title":"Public participation, indigenous peoples’ land rights and major infrastructure projects in the Amazon: The case for a human rights assessment framework","authors":"Ricardo M. Pereira","doi":"10.1111/REEL.12400","DOIUrl":"https://doi.org/10.1111/REEL.12400","url":null,"abstract":"The recognition of land title and demarcation of indigenous peoples’ ancestral lands and the guarantee of the rights of consultation and free, prior and informed consent in the context of large infrastructure projects represent some of the major challenges for indigenous peoples and communities in the Amazon States. These challenges have been exacerbated by the election of the current Brazilian federal government in power since January 2019. Yet a significant development with the potential to strengthen participatory environmental governance in the region followed the adoption and entry into force in April 2021 of the 2018 Regional Agreement on Access to Environmental Information, Public Participation and Access to Justice in Latin America and the Caribbean. This article will argue that national environmental impact assessment and licensing procedures must integrate a human rights approach to project impact assessments to safeguard the protection of the environment and indigenous peoples’ fundamental rights.","PeriodicalId":51681,"journal":{"name":"Review of European Comparative & International Environmental Law","volume":null,"pages":null},"PeriodicalIF":2.3,"publicationDate":"2021-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45096468","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 history, property rights in water have been treated differently worldwide. Given the current global trend promoting water allocation through permits, and the lack of comparative literature on how property rights are changing in the global South, this article asks: How have property rights in water evolved including through granting water use permits in Anglophone and Francophone Africa and Asia? We analyse 220 policies and laws of 60 Anglophone/Francophone African and Asian countries. We conclude that (i) these States have put water in the public domain; (ii) this implies expropriating existing customary, private and riparian water rights, and States are struggling to do this democratically; (iii) having taken ‘control’ over water, these States then use, among others, permits to allocate water and (iv) the rules of permit allocation may undermine States’ ability to reallocate water if the need arises.
{"title":"A water property right inventory of 60 countries","authors":"Hilmer J. Bosch, Joyeeta Gupta, H. Verrest","doi":"10.1111/reel.12397","DOIUrl":"https://doi.org/10.1111/reel.12397","url":null,"abstract":"Through history, property rights in water have been treated differently worldwide. Given the current global trend promoting water allocation through permits, and the lack of comparative literature on how property rights are changing in the global South, this article asks: How have property rights in water evolved including through granting water use permits in Anglophone and Francophone Africa and Asia? We analyse 220 policies and laws of 60 Anglophone/Francophone African and Asian countries. We conclude that (i) these States have put water in the public domain; (ii) this implies expropriating existing customary, private and riparian water rights, and States are struggling to do this democratically; (iii) having taken ‘control’ over water, these States then use, among others, permits to allocate water and (iv) the rules of permit allocation may undermine States’ ability to reallocate water if the need arises.","PeriodicalId":51681,"journal":{"name":"Review of European Comparative & International Environmental Law","volume":null,"pages":null},"PeriodicalIF":2.3,"publicationDate":"2021-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89157147","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":"International law and transboundary aquifers by FrancescoSindico Published by Edward Elgar, 2021;30:416–417 pp., £80.00 hardback.","authors":"Laura Movilla Pateiro","doi":"10.1111/REEL.12398","DOIUrl":"https://doi.org/10.1111/REEL.12398","url":null,"abstract":"","PeriodicalId":51681,"journal":{"name":"Review of European Comparative & International Environmental Law","volume":null,"pages":null},"PeriodicalIF":2.3,"publicationDate":"2021-04-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"63661250","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":"International marine mammal law by NikolasSellheim, Published by Springer, 2020, 225 pp, €70.84, hardback.","authors":"Iyan Offor","doi":"10.1111/REEL.12394","DOIUrl":"https://doi.org/10.1111/REEL.12394","url":null,"abstract":"","PeriodicalId":51681,"journal":{"name":"Review of European Comparative & International Environmental Law","volume":null,"pages":null},"PeriodicalIF":2.3,"publicationDate":"2021-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1111/REEL.12394","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43490064","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":"Predicting future oceans: Sustainability of ocean and human systems amidst global environmental change edited by Andrés M.Cisneros‐Montemayor, William W.L.Cheung and YoshitakaOta Published by Elsevier, 2019, 582 pp, £131.00, paperback.","authors":"J. Nakamura","doi":"10.1111/REEL.12392","DOIUrl":"https://doi.org/10.1111/REEL.12392","url":null,"abstract":"","PeriodicalId":51681,"journal":{"name":"Review of European Comparative & International Environmental Law","volume":null,"pages":null},"PeriodicalIF":2.3,"publicationDate":"2021-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45811904","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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