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

{"title":"Green public procurement of pharmaceuticals as a regulatory response to antimicrobial resistance and its compatibility with the WTO Agreement on Government Procurement","authors":"Lovleen Bhullar","doi":"10.1111/reel.12543","DOIUrl":"https://doi.org/10.1111/reel.12543","url":null,"abstract":"This article examines the compatibility of production‐related environmental criteria in green public procurement with international trade law, specifically the World Trade Organization's Agreement on Government Procurement (GPA). In response to the global health and environmental challenge of antimicrobial resistance (AMR), such measures offer extraterritorial regulation by pharmaceutical purchasing countries where domestic regulation is not forthcoming in pharmaceutical producing countries. The article finds that such green public procurement measures may be compatible with the GPA. The general exceptions of the GPA can be invoked to overcome the potential non‐adherence of these measures to the principle of non‐discrimination between like products (in this case pharmaceuticals) from different importing countries. The provisions of the GPA relating to technical specifications and tender documentation accommodate such green public procurement measures. The provisions relating to conditions for participation in tenders for a public procurement contract and the award criteria for choosing the bidder to whom the contract should be awarded are silent in respect of environmental considerations. However, this may change with the development of domestic regulation on antibiotic effluent and an expansive reading of the term ‘public interest’ in the GPA. For now, international trade law continues to adopt a limited, accommodationist approach towards non‐trade objectives. This approach must be abandoned given the grave implications of failure to address the adverse impacts of global challenges such as AMR. At the same time, compatibility between green public procurement measures and the GPA cannot be taken for granted. The growing interest in domestic or regional drug security, especially in the wake of the COVID‐19 pandemic, may expand the geographical range of pharmaceutical manufacturers, with the possibility that such measures, originally intended to achieve non‐trade objectives, restrict trade.","PeriodicalId":143587,"journal":{"name":"Review of European, Comparative & International Environmental Law","volume":"48 14","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140662335","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}

{"title":"Carbon pricing for international shipping, equity, and WTO law","authors":"G. Dominioni","doi":"10.1111/reel.12540","DOIUrl":"https://doi.org/10.1111/reel.12540","url":null,"abstract":"The International Maritime Organization (IMO) is working on the adoption of a greenhouse gas (GHG) pricing instrument to decarbonise international shipping. This article analyses whether World Trade Organization (WTO) law can limit the implementation of an IMO GHG pricing instrument. In particular, it breaks new ground by analysing the compatibility of current proposals tabled at the IMO with the General Agreement on Trade in Services and the General Agreement on Tariffs and Trade. In addition, it analyses whether WTO law limits the IMO's ability to adopt a GHG pricing instrument that addresses equity concerns via the implementation of exemptions for developing countries, Least Developed Countries, and Small Islands Developing States.","PeriodicalId":143587,"journal":{"name":"Review of European, Comparative & International Environmental Law","volume":"28 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140734307","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}

{"title":"Integrating climate change into legislative drafting: An analysis of regulatory impact assessment obligations and practices in the EU and Finland","authors":"Paula Leskinen, Antti Belinskij, Sanna‐Riikka Saarela","doi":"10.1111/reel.12533","DOIUrl":"https://doi.org/10.1111/reel.12533","url":null,"abstract":"Diverse aspects of climate change must be considered when drafting legislation to successfully address mitigation and adaptation objectives. In this article, we examine the legal requirements to conduct regulatory climate impact assessment (climate RIA) and analyse to what extent these have been implemented in the European Union (EU) and Finland. Our particular interest is Article 6(4) of the European Climate Law, a provision obligating the European Commission to assess the consistency of draft measures or proposals with the Union's climate objectives. Our results demonstrate that climate RIA has not been applied methodically in the EU or Finland and that where it has been conducted, it has mainly addressed impacts of the legislative proposals on greenhouse gas emissions and neglected impacts on climate change adaptation and carbon sinks. These results indicate that the obligations have been inadequately implemented. While an explicit requirement to conduct climate RIA heightens acknowledgement of climate impacts in legislative drafting, guidance in fulfilling the requirement in practice is equally essential.","PeriodicalId":143587,"journal":{"name":"Review of European, Comparative & International Environmental Law","volume":"47 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139839568","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}

{"title":"Integrating climate change into legislative drafting: An analysis of regulatory impact assessment obligations and practices in the EU and Finland","authors":"Paula Leskinen, Antti Belinskij, Sanna‐Riikka Saarela","doi":"10.1111/reel.12533","DOIUrl":"https://doi.org/10.1111/reel.12533","url":null,"abstract":"Diverse aspects of climate change must be considered when drafting legislation to successfully address mitigation and adaptation objectives. In this article, we examine the legal requirements to conduct regulatory climate impact assessment (climate RIA) and analyse to what extent these have been implemented in the European Union (EU) and Finland. Our particular interest is Article 6(4) of the European Climate Law, a provision obligating the European Commission to assess the consistency of draft measures or proposals with the Union's climate objectives. Our results demonstrate that climate RIA has not been applied methodically in the EU or Finland and that where it has been conducted, it has mainly addressed impacts of the legislative proposals on greenhouse gas emissions and neglected impacts on climate change adaptation and carbon sinks. These results indicate that the obligations have been inadequately implemented. While an explicit requirement to conduct climate RIA heightens acknowledgement of climate impacts in legislative drafting, guidance in fulfilling the requirement in practice is equally essential.","PeriodicalId":143587,"journal":{"name":"Review of European, Comparative & International Environmental Law","volume":"29 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139779812","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}

{"title":"Civil liability for climate change? The proposed tort in Smith v Fonterra with reference to France and the Netherlands","authors":"Sarah Downs","doi":"10.1111/reel.12532","DOIUrl":"https://doi.org/10.1111/reel.12532","url":null,"abstract":"As we enter into a period of unprecedented climate instability, litigation is becoming an attractive way to hold private entities accountable for their contribution to global warming. In Smith v Fonterra, New Zealand's Supreme Court is considering whether a common law duty to limit emissions should form part of New Zealand's environmental protection framework. This follows the development of several civil liability mechanisms for environmental damage in overseas jurisdictions. This article examines the implementation of civil liability for climate damage in France and the Netherlands, illustrating the difficulties of effectively dealing with climate change, and its destabilising effect on the law. France implements civil liability mostly on the basis of traditional tort rules, which function to severely restrict its scope. Conversely, the Dutch judiciary introduced a due diligence obligation that requires corporate strategies to be sufficiently in line with international obligations regarding emissions. The latter approach carries more promise, demonstrating that for private entities to be held civilly liable for their contribution to climate change, there must be significant departure from traditional legal doctrine, perhaps in the direction of climate due diligence.","PeriodicalId":143587,"journal":{"name":"Review of European, Comparative & International Environmental Law","volume":"9 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139866399","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}

{"title":"Civil liability for climate change? The proposed tort in Smith v Fonterra with reference to France and the Netherlands","authors":"Sarah Downs","doi":"10.1111/reel.12532","DOIUrl":"https://doi.org/10.1111/reel.12532","url":null,"abstract":"As we enter into a period of unprecedented climate instability, litigation is becoming an attractive way to hold private entities accountable for their contribution to global warming. In Smith v Fonterra, New Zealand's Supreme Court is considering whether a common law duty to limit emissions should form part of New Zealand's environmental protection framework. This follows the development of several civil liability mechanisms for environmental damage in overseas jurisdictions. This article examines the implementation of civil liability for climate damage in France and the Netherlands, illustrating the difficulties of effectively dealing with climate change, and its destabilising effect on the law. France implements civil liability mostly on the basis of traditional tort rules, which function to severely restrict its scope. Conversely, the Dutch judiciary introduced a due diligence obligation that requires corporate strategies to be sufficiently in line with international obligations regarding emissions. The latter approach carries more promise, demonstrating that for private entities to be held civilly liable for their contribution to climate change, there must be significant departure from traditional legal doctrine, perhaps in the direction of climate due diligence.","PeriodicalId":143587,"journal":{"name":"Review of European, Comparative & International Environmental Law","volume":"6 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139806553","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}

{"title":"Nature as a sentient being: Can rivers be legal persons?","authors":"Asanka Edirisinghe, Sandie Suchet‐Pearson","doi":"10.1111/reel.12529","DOIUrl":"https://doi.org/10.1111/reel.12529","url":null,"abstract":"The concept of ‘legal personhood and rights of rivers’ has developed as an alternative to anthropocentric legal frameworks that focus only on the instrumental values of rivers. Obtaining legal personhood marks a key milestone in legal recognition that could provide for the protection of rivers for more than the instrumental values that they hold. However, who could be considered legal persons is the subject of widespread debate in Western jurisprudence. Legalists hold that anything and anyone can be a legal person while Realists believe that a legal person is defined by certain attributes held only by certain categories of persons. One of the main arguments against the personhood of rivers raised by Realists is that rivers are not sentient beings and, consequently, they are incapable of holding the status of a legal person. The idea that nature is not a sentient being is mainly a Western construct. This research analyses the theory of legal personhood to determine whether rivers can and should be legal persons. It challenges the Realist claim that rivers cannot be legal persons because they lack sentience, drawing on Indigenous Vedda ontologies in Sri Lanka and Aboriginal worldviews from the continent now called Australia. The authors argue that a pluralistic approach to legal personhood is crucial in recognising and valuing our hyperconnected world, preventing categorisation, homogenisation and colonisation of ontologies and addressing sustainability challenges surrounding rivers. The research contributes to the existing scholarly work by defending the concept of legal personhood for rivers within a more pluralistic legal philosophy and addressing one of its major criticisms.","PeriodicalId":143587,"journal":{"name":"Review of European, Comparative & International Environmental Law","volume":"210 9","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140472647","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}

{"title":"Support for young farmers in the European Union: How much discretion for Member States?","authors":"Anna Florentine Gall, Clara Lina Bader, Edwin Alblas","doi":"10.1111/reel.12518","DOIUrl":"https://doi.org/10.1111/reel.12518","url":null,"abstract":"Generational renewal is at the heart of the European Union's (EU) agricultural priorities embedded in the Green Deal and Farm to Fark Strategy, since young farmers not only play a vital role in ensuring the competitiveness of European agriculture but also have significant potential in transitioning towards a sustainable agri‐food system. However, the number of young farmers across the EU has been rapidly decreasing over time. To address this issue and enable better access of young people to the farming profession, the EU's Common Agricultural Policy (CAP) lays down various mechanisms to support young farmers. In case C‐119/20, the Court of Justice of the EU took important steps to clarify the exact degree of discretion for Member States in terms of these support schemes, specifically on the definition of a ‘young farmer’, as well as the possibility to accumulate different types of financial support under the CAP. This case note presents the reasoning behind the Court's judgement, before discussing the judgements' impact on young (female) farmers in light of the goal of fostering generational renewal in rural areas and a transformation towards a sustainable agri‐food system. We conclude that the Court's decision might threaten to meet the goal of generational renewal, along with associated sustainability goals.","PeriodicalId":143587,"journal":{"name":"Review of European, Comparative & International Environmental Law","volume":"30 4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125928492","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}

{"title":"Climate change litigation: Global perspectives By IvanoAlogna, ChristineBakker, Jean‐PierreGauci (Eds.), Brill. 2021. pp. 542.","authors":"K. Bouwer","doi":"10.1111/reel.12519","DOIUrl":"https://doi.org/10.1111/reel.12519","url":null,"abstract":"","PeriodicalId":143587,"journal":{"name":"Review of European, Comparative & International Environmental Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131360647","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}

{"title":"Beyond the North–South divide: Litigation's role in resolving climate change loss and damage claims","authors":"Maria Antonia Tigre, M. Wewerinke‐Singh","doi":"10.1111/reel.12517","DOIUrl":"https://doi.org/10.1111/reel.12517","url":null,"abstract":"Within the international climate regime, legal aspects surrounding loss and damage (L&D) are contentious topics, implicating liability, compensation and notions of vulnerability. The attribution of responsibility and the pursuit of redress for L&D present intricate legal and governance challenges. The ongoing debates under the United Nations Framework Convention on Climate Change are characterized by a pronounced North–South divide and have done little to provide tangible support to those most affected by L&D. This apparent neglect has prompted exploration of alternative avenues for climate harm redress. The burgeoning field of litigation for liability and compensation of climate harm holds potential significance for L&D discourse, but its efficacy, especially in compensation claims relating to the adverse effects of climate change, is uncertain. There is, as yet, no precedent of plaintiffs succeeding in an L&D case, with numerous legal, evidentiary and practical barriers persisting, particularly for Global South plaintiffs aiming to hold Northern governments and actors accountable. This article scrutinizes recent advances in climate litigation and their potential to facilitate or obstruct L&D litigation. Focusing on seminal L&D cases, namely, Lliuya v RWE and Asmania et al v Holcim, we present a novel legal critique of climate litigation's capacity to assist climate‐vulnerable States, populations and communities in pursuing redress for L&D, based on pertinent case law and an examination of overarching issues of attribution and extraterritorial jurisdiction.","PeriodicalId":143587,"journal":{"name":"Review of European, Comparative & International Environmental Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121416016","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}