Pub Date : 2024-03-01DOI: 10.1177/14614529241242005
A. Nurse
{"title":"Book Review: Animal Rights Law by Raffael N Fasel and Sean C Butler","authors":"A. Nurse","doi":"10.1177/14614529241242005","DOIUrl":"https://doi.org/10.1177/14614529241242005","url":null,"abstract":"","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"7 1‐2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140399842","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-01DOI: 10.1177/14614529231211747
Mònica Pons-Hernández
{"title":"Book Review: Advanced Introduction to Applied Green Criminology by Rob White","authors":"Mònica Pons-Hernández","doi":"10.1177/14614529231211747","DOIUrl":"https://doi.org/10.1177/14614529231211747","url":null,"abstract":"","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"9 19","pages":"389 - 390"},"PeriodicalIF":0.0,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138623736","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-01DOI: 10.1177/14614529231214013
Verity LJ Adams, Michael Haywood, Sarah Ismail
{"title":"Quarterly comment by Trinity chambers","authors":"Verity LJ Adams, Michael Haywood, Sarah Ismail","doi":"10.1177/14614529231214013","DOIUrl":"https://doi.org/10.1177/14614529231214013","url":null,"abstract":"","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":" 8","pages":"336 - 388"},"PeriodicalIF":0.0,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138611693","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-01DOI: 10.1177/14614529231185678
Michael Cardwell
Results-based agri-environmental schemes look set over the years ahead to form core components of agricultural policy both within the European Union and the United Kingdom. Their level of ambition, however, raises specific legal issues, four of which will be explored: first, the governance dimension when ‘setting the bar’ for the unlocking of payment; secondly, potential regulatory and contractual responses where there is a failure to meet the mandated outcome; thirdly, challenges for tenants who enjoy insufficient security of tenure to achieve long-term objectives and/or who are subject to clauses in their agreements or statutory provisions which have the effect of restricting the use of the land to ‘agriculture’ as traditionally understood; and, fourthly, compatibility with World Trade Organization rules. While results-based agri-environmental schemes may be more complex to translate into practice than those based upon prescribed actions, there is scope for the law in both its regulatory and contractual forms to be enlisted as a powerful ally in their realisation.
{"title":"Results-based agri-environmental scheme design: Legal implications","authors":"Michael Cardwell","doi":"10.1177/14614529231185678","DOIUrl":"https://doi.org/10.1177/14614529231185678","url":null,"abstract":"Results-based agri-environmental schemes look set over the years ahead to form core components of agricultural policy both within the European Union and the United Kingdom. Their level of ambition, however, raises specific legal issues, four of which will be explored: first, the governance dimension when ‘setting the bar’ for the unlocking of payment; secondly, potential regulatory and contractual responses where there is a failure to meet the mandated outcome; thirdly, challenges for tenants who enjoy insufficient security of tenure to achieve long-term objectives and/or who are subject to clauses in their agreements or statutory provisions which have the effect of restricting the use of the land to ‘agriculture’ as traditionally understood; and, fourthly, compatibility with World Trade Organization rules. While results-based agri-environmental schemes may be more complex to translate into practice than those based upon prescribed actions, there is scope for the law in both its regulatory and contractual forms to be enlisted as a powerful ally in their realisation.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":" 34","pages":"260 - 288"},"PeriodicalIF":0.0,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138615808","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-01DOI: 10.1177/14614529231211746
Aleksandra Čavoški, Jyoti Ahuja, Gavin Harper, David Peck
Concerns about climate change and energy security are driving a global shift towards renewable energy sources and green technologies such as electric vehicles (EVs), energy storage and wind turbines. This commentary analyses the policy challenges raised by the growing demand for critical metals needed for this green transition to net zero. It is crucial that the UK's strategy looks beyond merely increasing primary supply or new mining, towards strategies to ensure better stewardship of secondary mineral resources already contained in a range of products. Furthermore, creating an enabling regulatory environment for procuring key technology metals will be key to addressing future supply threats for the UK, especially post-Brexit, and that failure to do so will put the UK at significant risk of falling behind in the global race to secure supplies.
{"title":"Securing technology critical materials for Britain – the legal and regulatory conundrum","authors":"Aleksandra Čavoški, Jyoti Ahuja, Gavin Harper, David Peck","doi":"10.1177/14614529231211746","DOIUrl":"https://doi.org/10.1177/14614529231211746","url":null,"abstract":"Concerns about climate change and energy security are driving a global shift towards renewable energy sources and green technologies such as electric vehicles (EVs), energy storage and wind turbines. This commentary analyses the policy challenges raised by the growing demand for critical metals needed for this green transition to net zero. It is crucial that the UK's strategy looks beyond merely increasing primary supply or new mining, towards strategies to ensure better stewardship of secondary mineral resources already contained in a range of products. Furthermore, creating an enabling regulatory environment for procuring key technology metals will be key to addressing future supply threats for the UK, especially post-Brexit, and that failure to do so will put the UK at significant risk of falling behind in the global race to secure supplies.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":" 1070","pages":"311 - 325"},"PeriodicalIF":0.0,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138610671","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-01DOI: 10.1177/14614529231214012
H. Hilburn, Yarema Ronish
Private sector investable assets totalling USD 35.3 trillion globally are currently bound by at least one environmental, social and governance (ESG) criterion, 1 and could be targeted to deliver responses to the environmental crisis and subsequent devastating impact on vulnerable communities. However private sector finance for climate resilience and nature recovery is reported to be either moving very slowly, or not at all. 2 So what is the hold up? The co-founders of Biodiversity Capital have a longstanding combined history of delivering projects in urban regeneration, as well as green 3 and blue 4 infrastructure, housing and culture across the private and public sector, where financing for projects follows a linear start to finish model with handover to the client on completion. Since the beginning of the 20th century, charities have received funding from either government or philanthropists to deliver programmes against an agreed set of quantifiable targets and outputs. The current crisis on our hands is not static, it is a mix of complex, intertwined social, economic and environmental factors, where long-term stewardship, ultimately unique and very local, is now deemed a fundamental part of the equation from the start. In the light of this, we argue that achieving climate justice will require private finance to embrace the distinctive nature of collaboration between governments and the non-profit sector.
{"title":"What is preventing private capital from reaching local climate action?","authors":"H. Hilburn, Yarema Ronish","doi":"10.1177/14614529231214012","DOIUrl":"https://doi.org/10.1177/14614529231214012","url":null,"abstract":"Private sector investable assets totalling USD 35.3 trillion globally are currently bound by at least one environmental, social and governance (ESG) criterion, 1 and could be targeted to deliver responses to the environmental crisis and subsequent devastating impact on vulnerable communities. However private sector finance for climate resilience and nature recovery is reported to be either moving very slowly, or not at all. 2 So what is the hold up? The co-founders of Biodiversity Capital have a longstanding combined history of delivering projects in urban regeneration, as well as green 3 and blue 4 infrastructure, housing and culture across the private and public sector, where financing for projects follows a linear start to finish model with handover to the client on completion. Since the beginning of the 20th century, charities have received funding from either government or philanthropists to deliver programmes against an agreed set of quantifiable targets and outputs. The current crisis on our hands is not static, it is a mix of complex, intertwined social, economic and environmental factors, where long-term stewardship, ultimately unique and very local, is now deemed a fundamental part of the equation from the start. In the light of this, we argue that achieving climate justice will require private finance to embrace the distinctive nature of collaboration between governments and the non-profit sector.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"89 s379","pages":"249 - 259"},"PeriodicalIF":0.0,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138622338","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-01DOI: 10.1177/14614529231214014
David Gibbs-Kneller
In ClientEarth v Shell Plc, ClientEarth brought ‘ground-breaking’ derivative litigation against the board of directors of Royal Dutch Shell Plc by alleging their corporate strategy on climate risk was determined in breaches of duties under the Companies Act 2006, ss. 172 and 174. This analysis of ClientEarth demonstrates the importance of the decision for climate litigation. First, it confirms that corporate strategy on climate risk is a matter for the directors and is not actionable because there is no accepted methodology on managing climate risk that can evidence the strategy is unreasonable. Second, it confirms that even if corporate strategy on climate risk is determined in breach of duty, it is still not worth powder in shot to pursue derivatively. The decision means climate risk is left to the private ordering of the company. That should send a message to Parliament because the directors’ determination of what is best for the company is not frictionless with environmental law goals. Without effective public ordering, the friction risks the UK failing to meet its international climate obligations.
{"title":"Corporate strategy on climate risk in the courtroom: Not worth powder in shot","authors":"David Gibbs-Kneller","doi":"10.1177/14614529231214014","DOIUrl":"https://doi.org/10.1177/14614529231214014","url":null,"abstract":"In ClientEarth v Shell Plc, ClientEarth brought ‘ground-breaking’ derivative litigation against the board of directors of Royal Dutch Shell Plc by alleging their corporate strategy on climate risk was determined in breaches of duties under the Companies Act 2006, ss. 172 and 174. This analysis of ClientEarth demonstrates the importance of the decision for climate litigation. First, it confirms that corporate strategy on climate risk is a matter for the directors and is not actionable because there is no accepted methodology on managing climate risk that can evidence the strategy is unreasonable. Second, it confirms that even if corporate strategy on climate risk is determined in breach of duty, it is still not worth powder in shot to pursue derivatively. The decision means climate risk is left to the private ordering of the company. That should send a message to Parliament because the directors’ determination of what is best for the company is not frictionless with environmental law goals. Without effective public ordering, the friction risks the UK failing to meet its international climate obligations.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"90 1","pages":"326 - 335"},"PeriodicalIF":0.0,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138623517","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-04DOI: 10.1177/14614529231199378
Muyiwa Adigun
Climate change can be litigated through tort, common law, statute/policy, public trust doctrine or human rights among others. While climate change litigation appears to have developed in states of the Global North, its use is still relatively recent in states of the Global South. Nor has it been seriously considered from the perspective of international tribunals from the Global South. Therefore, this study examines a human rights approach to climate change litigation in the Economic Community of West African States Court of Justice (ECOWAS Court). This study finds that there are some developments in certain jurisdictions which make a human rights approach promising in terms of locus standi, justiciability, causation and separation of powers and that they can be related to the jurisprudence of the ECOWAS Court. It also finds that the doctrine of exhaustion of local remedies does not apply to the ECOWAS Court. Based on these findings, it is argued that a human rights approach can be successfully deployed to litigate climate change before the ECOWAS Court and that it can wake up West African States from their lethargy in terms of policy on, and treatment of, climate issues. The study concludes that individuals and NGOs may adopt a human rights approach before the ECOWAS Court to influence policy change and/or state behaviour in West African States.
{"title":"A human rights approach to climate litigation before the ECOWAS court","authors":"Muyiwa Adigun","doi":"10.1177/14614529231199378","DOIUrl":"https://doi.org/10.1177/14614529231199378","url":null,"abstract":"Climate change can be litigated through tort, common law, statute/policy, public trust doctrine or human rights among others. While climate change litigation appears to have developed in states of the Global North, its use is still relatively recent in states of the Global South. Nor has it been seriously considered from the perspective of international tribunals from the Global South. Therefore, this study examines a human rights approach to climate change litigation in the Economic Community of West African States Court of Justice (ECOWAS Court). This study finds that there are some developments in certain jurisdictions which make a human rights approach promising in terms of locus standi, justiciability, causation and separation of powers and that they can be related to the jurisprudence of the ECOWAS Court. It also finds that the doctrine of exhaustion of local remedies does not apply to the ECOWAS Court. Based on these findings, it is argued that a human rights approach can be successfully deployed to litigate climate change before the ECOWAS Court and that it can wake up West African States from their lethargy in terms of policy on, and treatment of, climate issues. The study concludes that individuals and NGOs may adopt a human rights approach before the ECOWAS Court to influence policy change and/or state behaviour in West African States.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"73 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135591254","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-04DOI: 10.1177/14614529231200167
Kikelomo O. Kila
Ghana continuously suffers from the impact of the climate change crisis despite its minimal global carbon contributions. Although Ghana has instituted some climate change policies and general environmental regulations, it has not yet promulgated a Climate Change Act to aid the regulation of climate change mitigation, especially of corporations that are the major emitters of global greenhouse gas emissions. This article examines the climate change regulation of corporations in Ghana and its effectiveness in addressing climate change challenges. It assesses the country's international climate change profile and the role of corporations in contributing to its carbon emissions, evaluates the strengths and weaknesses of Ghana's general environmental regulation and discusses alternative regulatory frameworks such as judicial, market and surrogate regulation for managing climate change impacts in the absence of statutory climate change regulation. Further, this article looks beyond the presence of a statutory climate change regulation and examines the potential structuring of climate change regulation in Ghana. The article argues that the traditional command and control regulatory system will be unsuitable for effective regulation of the climate change participation of corporations in Ghana, and instead proposes the adoption of the Dilute Interventionism approach supported by a Veto Firewall system for this purpose. The article argues that these concepts present a practical and effective approach to regulating corporations’ involvement in climate change mitigation in Ghana. However, the successful implementation of this approach will require political will, corporate compliance, and technical capacity. This article provides policymakers, stakeholders and interested parties in Ghana and beyond with useful insights to address climate change challenges.
{"title":"Ghana and the global climate crisis: Rethinking the legal approach for climate change regulation of corporations in Ghana","authors":"Kikelomo O. Kila","doi":"10.1177/14614529231200167","DOIUrl":"https://doi.org/10.1177/14614529231200167","url":null,"abstract":"Ghana continuously suffers from the impact of the climate change crisis despite its minimal global carbon contributions. Although Ghana has instituted some climate change policies and general environmental regulations, it has not yet promulgated a Climate Change Act to aid the regulation of climate change mitigation, especially of corporations that are the major emitters of global greenhouse gas emissions. This article examines the climate change regulation of corporations in Ghana and its effectiveness in addressing climate change challenges. It assesses the country's international climate change profile and the role of corporations in contributing to its carbon emissions, evaluates the strengths and weaknesses of Ghana's general environmental regulation and discusses alternative regulatory frameworks such as judicial, market and surrogate regulation for managing climate change impacts in the absence of statutory climate change regulation. Further, this article looks beyond the presence of a statutory climate change regulation and examines the potential structuring of climate change regulation in Ghana. The article argues that the traditional command and control regulatory system will be unsuitable for effective regulation of the climate change participation of corporations in Ghana, and instead proposes the adoption of the Dilute Interventionism approach supported by a Veto Firewall system for this purpose. The article argues that these concepts present a practical and effective approach to regulating corporations’ involvement in climate change mitigation in Ghana. However, the successful implementation of this approach will require political will, corporate compliance, and technical capacity. This article provides policymakers, stakeholders and interested parties in Ghana and beyond with useful insights to address climate change challenges.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"306 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135597245","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-01DOI: 10.1177/14614529231193804
David Grinlinton
This article examines the legal and policy intersection of property rights and environmental law. Property rights are closely connected to and often in tension with many elements of environmental law and policy. Appropriate controls on the use of property rights and natural resources, and effectively managing the environmental consequences of such use, are critical in addressing the environmental challenges of our time. This paper first reviews the importance of property rights in the context of our legal, social, economic and political systems. It then examines the active use of property rights and mechanisms to address environmental challenges, including the creative and innovative use and development of new forms of property rights that have emerged in recent times. This is followed by a discussion of recent developments in restricting the use of property rights in land use and natural resource development to address environmental issues. The paper concludes with some ideas for future development of the law, and emerging new directions for future research. Throughout the paper, New Zealand will be used as a case study to reflect on the relationship between property rights and environmental protection.
{"title":"The intersection of property rights and environmental law","authors":"David Grinlinton","doi":"10.1177/14614529231193804","DOIUrl":"https://doi.org/10.1177/14614529231193804","url":null,"abstract":"This article examines the legal and policy intersection of property rights and environmental law. Property rights are closely connected to and often in tension with many elements of environmental law and policy. Appropriate controls on the use of property rights and natural resources, and effectively managing the environmental consequences of such use, are critical in addressing the environmental challenges of our time. This paper first reviews the importance of property rights in the context of our legal, social, economic and political systems. It then examines the active use of property rights and mechanisms to address environmental challenges, including the creative and innovative use and development of new forms of property rights that have emerged in recent times. This is followed by a discussion of recent developments in restricting the use of property rights in land use and natural resource development to address environmental issues. The paper concludes with some ideas for future development of the law, and emerging new directions for future research. Throughout the paper, New Zealand will be used as a case study to reflect on the relationship between property rights and environmental protection.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135639051","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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