Review of European, Comparative & International Environmental Law最新文献_第10页

The right to a healthy environment and its justiciability before the Inter‐American Court of Human Rights: A critical appraisal of the Lhaka Honhat v Argentina judgement 健康环境权及其在美洲人权法院的可诉性:对Lhaka Honhat诉阿根廷案判决的批判性评价

Review of European, Comparative & International Environmental Law Pub Date : 2022-03-28 DOI: 10.1111/reel.12438

D. Mejía‐Lemos

引用次数: 1

Climate Change Litigation in the Asia Pacific, by JoleneLin and Douglas A.Kysar Cambridge University Press, 2020, 427 pp, £110.00, hardback. 《亚太地区的气候变化诉讼》，剑桥大学出版社，2020年版，427页，110.00英镑。

Review of European, Comparative & International Environmental Law Pub Date : 2022-03-04 DOI: 10.1111/reel.12435

K. Bouwer

引用次数: 0

Planetary boundaries at the intersection of Earth system law, science and governance: A state‐of‐the‐art review 行星边界在地球系统法律、科学和治理的交叉点:一项最新的评论

Review of European, Comparative & International Environmental Law Pub Date : 2020-11-30 DOI: 10.1111/REEL.12383

Rakhyun E. Kim, L. Kotzé

{"title":"Planetary boundaries at the intersection of Earth system law, science and governance: A state‐of‐the‐art review","authors":"Rakhyun E. Kim, L. Kotzé","doi":"10.1111/REEL.12383","DOIUrl":"https://doi.org/10.1111/REEL.12383","url":null,"abstract":"First developed in Earth system science, the idea of planetary boundaries has gradually spilled over into social science research in the past decade. An interdisciplinary body of literature has emerged as a result at the intersection of Earth system science, law and governance. In this article, we provide a bird’s eye view of the state of the art, and examine how social scientists frame the planetary boundaries framework and what they identify as key regulatory challenges and implications. To that end, we conducted a systematic review of 80 peer‐reviewed articles identified through a keyword search. Our survey finds that social scientists have approached the planetary boundaries framework using four key problem framings, which revolve around the notion of planetary boundaries as embodying a set of interdependent and politically constructed environmental limits that are global in scale. We also identify four key clusters of governance solutions offered in the literature, which broadly relate to the ideas of institutionalizing, coordinating, downscaling and democratizing planetary boundaries. We then apply the foregoing insights to the legal domain and explore their implications for law. More specifically, we discuss how the recently proposed notion of Earth system law is related to these emerging problem framings and how it might contribute to these responses.","PeriodicalId":143587,"journal":{"name":"Review of European, Comparative & International Environmental Law","volume":"84 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121634466","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}

引用次数: 22

The role of ASEAN and its members in promoting the norm of responsible governance of marine biodiversity of areas beyond national jurisdiction 东盟及其成员国在促进国家管辖范围以外地区海洋生物多样性负责任治理规范方面的作用

Review of European, Comparative & International Environmental Law Pub Date : 2020-11-23 DOI: 10.1111/REEL.12372

S. Gunasekara, Md Saiful Karim

{"title":"The role of ASEAN and its members in promoting the norm of responsible governance of marine biodiversity of areas beyond national jurisdiction","authors":"S. Gunasekara, Md Saiful Karim","doi":"10.1111/REEL.12372","DOIUrl":"https://doi.org/10.1111/REEL.12372","url":null,"abstract":"This article analyses the potential of the Association of Southeast Asian Nations (ASEAN) and its members to promote the norm of responsible governance of marine biodiversity of areas beyond national jurisdiction (ABNJ). Based on the literature on international norms, this article suggests that the norm of responsible governance of ABNJ biodiversity will soon reach the point of a norm cascade, after which it will gradually move towards the stage of norm internalization. As such, the norm can have the potential to standardize appropriate behaviour of States. This article examines ASEAN’s norm‐promotion activities within and outside the region that support an improved governance system for ABNJ. Notably, some ASEAN States play an important role both individually and collectively in the development of a new global legal instrument on marine biodiversity of ABNJ. The findings suggest that although the conservation of biodiversity of ABNJ has been the subject of debate for more than a decade, ASEAN’s initiatives to protect marine biodiversity of ABNJ are limited. This is not surprising considering the lack of jurisdiction in ABNJ. Nevertheless, ASEAN’s overall initiatives for conservation of the marine environment are highly relevant for its future role in ABNJ governance because some regional ocean governance norms are transferable in the ABNJ context.","PeriodicalId":143587,"journal":{"name":"Review of European, Comparative & International Environmental Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125349327","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}

引用次数: 0

INDIA IN A WARMING WORLD: INTEGRATING CLIMATE CHANGE AND DEVELOPMENT EDITED BY Navroz K.Dubash Published by Oxford University Press, 2019, 504 pp., £43.99 (open access), hardback. 《变暖世界中的印度:整合气候变化与发展》，纳夫罗兹·杜巴什主编，牛津大学出版社，2019年出版，504页，43.99英镑(开放获取)，精装本。

Review of European, Comparative & International Environmental Law Pub Date : 2020-11-11 DOI: 10.1111/REEL.12380

Sroyon Mukherjee

引用次数: 8

Conservation agreements and environmental governance: The role of nongovernmental actors 保护协议与环境治理:非政府行为体的作用

Review of European, Comparative & International Environmental Law Pub Date : 2020-11-09 DOI: 10.1111/REEL.12375

Surasak Boonrueang, C. Reid

{"title":"Conservation agreements and environmental governance: The role of nongovernmental actors","authors":"Surasak Boonrueang, C. Reid","doi":"10.1111/REEL.12375","DOIUrl":"https://doi.org/10.1111/REEL.12375","url":null,"abstract":"This article explores how conservation agreements can be used to examine the trend towards environmental governance by multiple players, where nongovernmental bodies play a part in environmental regulation. The laws authorizing the creation of a conservation agreement in three jurisdictions, namely New South Wales (Australia), Scotland (United Kingdom) and Maine (United States), move away from regulation by government, where governmental bodies play the pivotal role in environmental governance, towards governance by multiple players. This article illustrates how the different legal features regarding who can create, oversee and enforce a conservation agreement reflect different styles and levels of engagement in environmental regulation. The Australian law represents a model of nature conservation heavily relying on governmental regulation. This is different from the United States model, where nongovernmental bodies play a significant role in the burgeoning use of conservation agreements. The Scottish model is placed somewhere between those in that while it confers the primary role on specified governmental bodies, some nongovernmental conservation bodies can in some circumstances be designated to fulfil the same function. The different levels of participation by governmental and nongovernmental bodies discussed in this article reveal strengths and weaknesses in involving different ranges of actors in environmental governance and point to lessons as other jurisdictions consider embracing conservation agreements to support their conservation policy.","PeriodicalId":143587,"journal":{"name":"Review of European, Comparative & International Environmental Law","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126520193","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}

引用次数: 0

MANAGING FACTS AND FEELINGS IN ENVIRONMENTAL GOVERNANCE edited by LorenzoSquintani, JanDarpö, LucLavrysen and Peter‐TobiasStollEdward Elgar, 2019, 256 pp., £85.00, hardback. 《管理环境治理中的事实与感受》，作者:LorenzoSquintani, JanDarpö， LucLavrysen, Peter tobiasstolleward Elgar, 2019, 256页，85英镑，精装本。

Review of European, Comparative & International Environmental Law Pub Date : 2020-11-05 DOI: 10.1111/REEL.12376

A. Saab

引用次数: 0

The Dispute over the Status and Use of the Waters of the Silala case and the customary rules on the definition of international watercourse 西拉拉案中关于水的地位和使用的争端与国际水道定义的习惯规则

Review of European, Comparative & International Environmental Law Pub Date : 2020-11-01 DOI: 10.1111/REEL.12377

Lingjie Kong

引用次数: 1

Evolving normativity in contemporary international water law: A communicative approach to the growing role of non‐state actors 当代国际水法中不断演变的规范性:对非国家行为体日益增长的作用的交流方法

Review of European, Comparative & International Environmental Law Pub Date : 2020-11-01 DOI: 10.1111/REEL.12374

Yuh-Ling Su

{"title":"Evolving normativity in contemporary international water law: A communicative approach to the growing role of non‐state actors","authors":"Yuh-Ling Su","doi":"10.1111/REEL.12374","DOIUrl":"https://doi.org/10.1111/REEL.12374","url":null,"abstract":"Legitimacy issues in international law have traditionally related to State consent and legality. This State‐centric paradigm, largely built upon legal formalism, fails to fully capture the various forms of participation of non‐State actors (NSAs) in international water law and their impacts. This is especially true in the context of water governance which, as part of global governance, witnessed an increased delegation of decision‐making authority to global institutions and a growing distance between those exercising authority and the public. This article argues that the communicative approach, embedded within international law, can better account for the role of NSAs in the development of norms in international water law, as these legal norms are formed and developed through communication among actors. Public participation, the main avenue through which NSAs participate in international water law, is essentially a communicative process. Therefore, the essential elements of the communicative approach, including inclusiveness, access to information, interaction and continuation, play not only a constitutive but also a functional role in public participation. Together, they combine to form an analytical framework which can be applied to the analysis of the participation of NSAs in international water law.","PeriodicalId":143587,"journal":{"name":"Review of European, Comparative & International Environmental Law","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125974786","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}

引用次数: 1

Adaptation regulatory regimes to address climate change challenges in transboundary water basins: Can multilateral regionalism help? 应对跨界流域气候变化挑战的适应监管制度:多边区域主义能否有所帮助?

Review of European, Comparative & International Environmental Law Pub Date : 2020-11-01 DOI: 10.1111/REEL.12371

S. Vinogradov, P. Wouters

{"title":"Adaptation regulatory regimes to address climate change challenges in transboundary water basins: Can multilateral regionalism help?","authors":"S. Vinogradov, P. Wouters","doi":"10.1111/REEL.12371","DOIUrl":"https://doi.org/10.1111/REEL.12371","url":null,"abstract":"Global climate change threatens regional water security in various ways. The transboundary waters flowing across Asia from their source in the Himalayan 'water towers' are finite resources, already adversely impacted by rising temperatures. China and India share many of the river basins of this region, and both countries implement ambitious national development plans that rely on these resources. Global approaches to address climate change issues on transboundary waters have emerged, but require national and regional cooperative actions, supported by coherent regulatory regimes with adaptation at the core. In the absence of transboundary water agreements between China and India, how will they meet the impacts of changing climatic conditions on their shared freshwaters? This article considers the multilateral and bilateral regulatory frameworks that govern China and India’s transboundary waters in the context of global warming challenges. The findings suggest the emergence of an incomplete adaptation regulatory regime that has yet to coalesce, but which nonetheless shows some promise within a multilateral regionalism context. The hallmarks of an ideal transboundary water adaptation regulatory regime include two main components—comprehensive cooperation and basin‐wide resilience management regime. Neither of these exist in the transboundary waters shared between China and India, but there is reason for hope.","PeriodicalId":143587,"journal":{"name":"Review of European, Comparative & International Environmental Law","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128622204","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}

引用次数: 4

Review of European, Comparative &amp; International Environmental Law最新文献

Review of European, Comparative & International Environmental Law最新文献