JournalTOCs

Transnational Environmental Law
Journal Prestige (SJR): 0.498

Citation Impact (citeScore): 1
Number of Followers: 11

Hybrid journal (It can contain Open Access articles)
ISSN (Print) 2047-1025 - ISSN (Online) 2047-1033
Published by Cambridge University Press

[353 journals]

Salvaging Environmental Law
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  Authors: Etty; Thijs, van Zeben, Josephine, Duvic-Paoli, Leslie-Anne, Huber, Bruce, Jodoin, Sébastien, Reins, Leonie
  Pages: 1 - 11
  PubDate: 2024-04-15
  DOI: 10.1017/S2047102524000104
The Illusion of Harmony: Power, Politics, and Distributive Implications of
Rights of Nature
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  Authors: Petel; Matthias
  Pages: 12 - 34
  Abstract: This article argues that the Rights of Nature (RoN) framework is compatible with various ideological outlooks and political options. As a result, those initiatives may translate into extremely diverse institutional implementations with contrasted outcomes in terms of power distribution. The institutional design of RoN has deep political implications for various social groups who hold conflicting claims over certain territories. Hence, rather than transforming human-nature relations, RoN primarily transform the power relations between human communities. I delve into three conceptual frameworks that could shape the recognition of RoN and explore their respective distributive implications: green colonialism, environmental justice, and the focus on Indigeneity. Through this critical engagement, I wish to warn against the illusion of a post-political ecology where an ecocentric legal declaration would deliver human-nature harmony without deep political battles, social tensions, and economic confrontations. RoN as an abstract notion does not offer a ready-made toolkit to dismantle the legal architecture of fossil capitalism; nor does it provide clear guidance on the distribution of costs and benefits of the green transition.
  PubDate: 2024-03-12
  DOI: 10.1017/S2047102523000262
Rights of Nature on the Island of Ireland: Origins, Drivers, and
Implications for Future Rights of Nature Movements
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  Authors: Killean; Rachel, Gilbert, Jérémie, Doran, Peter
  Pages: 35 - 60
  Abstract: Over the course of 2021, several local councils across the island of Ireland introduced motions recognizing the ‘Rights of Nature’. To date, little research has been conducted into these nascent Rights of Nature movements, even though they raise important questions about the philosophical, cultural, political, and legal drivers in pursuing such rights. Similarly, much remains unclear as to the implications of such initiatives, both in their domestic context and for Rights of Nature movements around the world. This article contributes to addressing this gap by exploring these themes through an analysis of interviews with key stakeholders conducted across the island of Ireland in June 2022. In particular, it explores the impact of international movements, colonial legacies, cultural heritage, and years of inadequate environmental governance, in motivating local councils to pursue a Rights of Nature strategy.
  PubDate: 2024-01-18
  DOI: 10.1017/S2047102523000201
Carbon Leakage and International Climate Change Law
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  Authors: Pirlot; Alice
  Pages: 61 - 86
  Abstract: Carbon leakage – the increase of greenhouse gas emissions in foreign jurisdictions following the introduction of domestic or regional climate mitigation measures – raises key questions in the climate change debate. This includes whether carbon leakage constitutes a threat to the environmental integrity of climate policies and, if so, how this could be mitigated. Through the use of four hypothetical models of international climate change regime, this article argues that international climate change law is a key factor in answering this two-part question. Firstly, the article demonstrates that the architecture of international climate change law affects whether carbon leakage can be considered as undermining the mitigation objective of climate policies. Secondly, it draws attention to the interaction – and potential tension – between carbon leakage prevention measures and international climate change law.
  PubDate: 2024-04-15
  DOI: 10.1017/S2047102524000049
Permanence and Liability: Legal Considerations on the Integration of
Carbon Dioxide Removal into the EU Emissions Trading System
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  Authors: Schuett; Lukas
  Pages: 87 - 110
  Abstract: This article examines how carbon dioxide (CO2) removal credits can be integrated into the European Union (EU) Emissions Trading System (ETS), focusing on questions of permanence and climate liability. It identifies challenges within the integration process and analyzes approaches from practice and literature to cultivate learning. These approaches apply different strategies to address the issue of permanence, including temporary credit issuance, granting credits once a certain number of carbon tonne-years have been accumulated, or issuing credits at the beginning of the project period and relying on liability instead. Drawing from the findings of this research, the article presents legal considerations that may inform a proposal for an EU legislative act on the integration of carbon removal credits into the EU ETS. It suggests that only credits issued for permanent CO2 removal should be integrated to ensure the environmental integrity of the system. Furthermore, the liability of the project operator should transfer to the Member State under certain conditions to make liability risks more predictable.
  PubDate: 2024-03-12
  DOI: 10.1017/S2047102524000013
Measuring It, Managing It, Fixing It' Data and Rights in Transnational and
Local Climate Change Governance
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  Authors: Mai; Laura
  Pages: 111 - 133
  Abstract: The Paris Agreement, related intergovernmental decisions, and transnational climate change governance initiatives mobilize data as a means of measuring, managing, and addressing changing climatic conditions. At the same time, the Paris Agreement formally acknowledges the human rights implications of the unfolding climate crisis. Given the reliance on data and rights in climate change governance, the aim of this article is twofold. Firstly, it analyzes how processes of datafication at transnational and local levels promise, yet struggle, to render the climate governable. Secondly, the article critically reflects on the capacity of human rights to complement datafied governance processes meaningfully – specifically, in what ways rights can (and cannot) alleviate local concerns regarding datafication. Methodologically, the article develops a perspective that foregrounds situated sense-making and experience in place. It is based on an empirical case study of the Global Covenant of Mayors for Climate & Energy, a transnational alliance of cities that have committed to working towards the goals of the Paris Agreement; and it engages with ethnographic literature that conceptualizes rights as lived forms of meaning-making, articulation, struggle, and resistance. Attending to place, the article confronts problematic assumptions about the universality, neutrality, and representativeness of data and rights, raising critical questions about their capacity to ‘govern’ climate change.
  PubDate: 2024-02-06
  DOI: 10.1017/S2047102523000213
Adapting Hydropower to European Union Water Law: Flexible Governance
versus Legal Effectiveness in Sweden and Finland
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  Authors: Puharinen; Suvi-Tuuli, Belinskij, Antti, Soininen, Niko
  Pages: 160 - 189
  Abstract: In both Sweden and Finland, water law has traditionally provided strong protection for hydropower operations by issuing permanent environmental licences. This national protection has started to erode as a result of the requirement of the European Union (EU) Water Framework Directive (WFD) for permit reviews to improve the ecological status of rivers. In the light of this dynamic between European and national frameworks, this article compares the Swedish and Finnish implementation of the WFD regarding existing hydropower operations. Whereas Sweden has adopted comprehensive legislative and policy reforms that embrace a systemic perspective on reconciling hydropower with the current societal and ecological circumstances, Finland has relied on bottom-up collaborative processes at the grassroots level. The article shows that both approaches are problematic in so far as they push the boundaries of proper implementation of the WFD and, by extension, the achievement of the ecological objectives of the WFD in waters affected by hydropower. Our comparison highlights tensions between EU law requirements for formal legal effectiveness in national implementation, and the WFD's aspirations for adaptive river basin-based governance.
  PubDate: 2024-02-13
  DOI: 10.1017/S2047102523000249
The Intersections of Public Rights and Private Rules: An Analysis of Human
Rights in Forestry and Fisheries Certification Standards
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  Authors: Jodoin; Sébastien, Johnson, Kasia
  Pages: 190 - 222
  Abstract: This article systematically evaluates whether, how, and to what extent twelve prominent forestry and fisheries certification schemes address human rights in their standards. In line with the broader cross-fertilization of the fields of international human rights and environmental law and policy, our results demonstrate that human rights norms and considerations – primarily Indigenous, labour, and procedural rights – are increasingly reflected in the rulemaking of these schemes. At the same time, our analysis also demonstrates the mixed and underwhelming performance of certification standards in protecting human rights norms, including those relating to women, children, racialized and ethnic minorities, persons with disabilities, Indigenous peoples, workers, 2SLGBTQIA+ communities, and peasants and rural peoples. Through descriptive statistics, we also show that levels of human rights adherence vary significantly across schemes and that standards developed in the forestry sector tend to outperform those for fisheries. Our methodology and results add a new dimension to efforts to assess the stringency, equity, and legitimacy of private authority in the environmental field.
  PubDate: 2024-03-11
  DOI: 10.1017/S2047102523000250
Five Times Faster: Rethinking the Science, Economics, and Diplomacy of
Climate Change, by Simon Sharpe Cambridge University Press, 2023, 344 pp,
£20 hb ISBN 9781009326490
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  Authors: van Asselt; Harro
  Pages: 223 - 226
  PubDate: 2024-04-15
  DOI: 10.1017/S2047102524000086
Global Plastic Pollution and Its Regulation: History, Trends,
Perspectives, by Gerry Nagtzaam, Geert Van Calster, Steve Kourabas and
Elena Karataeva Edward Elgar, 2023, 343 pp, £115 hb, £25 ebk ISBN
9781800373549 hb, 9781800373556 ebk
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  Authors: Ross; Violet M.
  Pages: 227 - 231
  PubDate: 2024-04-15
  DOI: 10.1017/S2047102524000062
Towards a Methodology for Specifying States’ Mitigation Obligations in
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  Authors: Ritz; Violetta
  Pages: 232 - 233
  PubDate: 2024-01-29
  DOI: 10.1017/S2047102524000025
Loss and Damage, Climate Victims, and International Climate Law: Looking
Back, Looking Forward
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  Authors: Toussaint; Patrick
  Pages: 134 - 159
  Abstract: After more than three decades of negotiations, the international response to climate change under the United Nations Framework Convention on Climate Change (UNFCCC) appears to have come full circle. At COP27, parties to the UNFCCC agreed to establish a multilateral fund to address loss and damage from global temperature rise, an idea that was initially put forward by the Alliance of Small Island States (AOSIS) in the early 1990s. Employing a historical critique, which draws upon archival and doctrinal research and interviews with key informants who participated in the early days of the Intergovernmental Negotiating Committee for a Framework Convention on Climate Change, this article examines the AOSIS proposal in its wider historical context, and provides reflections for the renewed endeavour to negotiate a multilateral fund on loss and damage, in particular with a view to achieving justice for climate victims.
  PubDate: 2023-12-04
  DOI: 10.1017/S2047102523000237

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