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Restoration and cooperation for flourishing socio-ecological landscapes 恢复和合作繁荣社会生态景观
Transnational Legal Theory Pub Date : 2020-04-02 DOI: 10.1080/20414005.2020.1765290
Afshin Akhtar-Khavari
{"title":"Restoration and cooperation for flourishing socio-ecological landscapes","authors":"Afshin Akhtar-Khavari","doi":"10.1080/20414005.2020.1765290","DOIUrl":"https://doi.org/10.1080/20414005.2020.1765290","url":null,"abstract":"ABSTRACT Environmental law is ontologically committed to competition. This is evidenced by its use of framing concepts like sustainability which assume that landscapes have always had the carrying capacity to regenerate on their own. The Anthropocene, if anything, points to the deep entanglements that exist in nature and for human beings. Whilst competition explains evolutionary trends, there is much evidence pointing to the idea that cooperation and symbiosis amongst living things is a much better indicator of long-term change in the natural environment. Deep entanglements are better supported through cooperation than competition. Drawing on ideas from scientific research on symbiosis, this paper argues that environmental law is missing deep ontological commitments to cooperation between human beings and the natural world. Restoration, approached not just as a technical rules-based response to damage and degradation, but as an activity requiring cooperation with the natural world would potentially better support flourishing socio-ecological landscapes.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"11 1","pages":"62 - 74"},"PeriodicalIF":0.0,"publicationDate":"2020-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20414005.2020.1765290","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44518069","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: 5
Urgent agenda: how climate litigation builds transnational narratives 紧急议程:气候诉讼如何构建跨国叙事
Transnational Legal Theory Pub Date : 2020-04-02 DOI: 10.1080/20414005.2020.1772617
P. Paiement
{"title":"Urgent agenda: how climate litigation builds transnational narratives","authors":"P. Paiement","doi":"10.1080/20414005.2020.1772617","DOIUrl":"https://doi.org/10.1080/20414005.2020.1772617","url":null,"abstract":"ABSTRACT This article draws on the notion of co-production to assess the construction of transnational narratives in climate change litigation. Using the examples of recent cases from the Netherlands, Norway, and Ireland, the article identifies a common narrative regarding the temporal dimension of climate change and its governance. Litigants are shown to develop a notion of urgency for national climate policies with the help of symbols and discourses—including pathways, crossroads, milestones, thresholds and carbon budgets—in order to attribute meaning to complex models of the future climate, and the immediate responsibilities of states to limit future global warming. In response, states offer depictions of the future in which technological and economic evolutions render our current climate crisis less challenging and costly. This narrative approach helps make sense of the transnational legal strategies through which our understanding of responsibility and climate justice is unfolding.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"11 1","pages":"121 - 143"},"PeriodicalIF":0.0,"publicationDate":"2020-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20414005.2020.1772617","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47286455","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: 7
(Transnational) law for the Anthropocene: revisiting Jessup’s move from ‘what?’ to ‘how?’ 人类世（跨国）法律：从“什么？”到“如何？”
Transnational Legal Theory Pub Date : 2020-04-02 DOI: 10.1080/20414005.2020.1776551
La-Su Mai
{"title":"(Transnational) law for the Anthropocene: revisiting Jessup’s move from ‘what?’ to ‘how?’","authors":"La-Su Mai","doi":"10.1080/20414005.2020.1776551","DOIUrl":"https://doi.org/10.1080/20414005.2020.1776551","url":null,"abstract":"ABSTRACT In the Anthropocene, legal thinking is challenged to re-envision the ‘human' position vis-à-vis the ‘natural' ‘environment'. To map this challenge, this paper draws on three theoretical perspectives: social-ecological resilience thinking, social systems theory and post-humanism. The paper then explores how Jessup's perspective on transnational law could be applied to further develop legal thinking in the Anthropocene. It proposes that legal scholarship and practice would benefit from revisiting Jessup's move from ‘what?' to ‘how?': Rather than thinking about what (transnational) law might, or might not, be, legal researchers and practitioners are now tasked to understand how law can be mobilised as a tool to navigate our relationship with the planet. The paper concludes that Jessup’s practical, progressive and pragmatic approach provides a useful starting point for developing legal forms, strategies and technologies to navigate Anthropocene realities.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"11 1","pages":"105 - 120"},"PeriodicalIF":0.0,"publicationDate":"2020-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20414005.2020.1776551","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42070059","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: 2
Transnational environmental law in the Anthropocene 人类世的跨国环境法
Transnational Legal Theory Pub Date : 2020-04-02 DOI: 10.1080/20414005.2020.1778888
Emily Webster, La-Su Mai
{"title":"Transnational environmental law in the Anthropocene","authors":"Emily Webster, La-Su Mai","doi":"10.1080/20414005.2020.1778888","DOIUrl":"https://doi.org/10.1080/20414005.2020.1778888","url":null,"abstract":"ABSTRACT Climate change, biodiversity loss, marine degradation and a pandemic have marked 2020. This article introduces a Special Issue that interrogates transnational environmental law in the context of the Anthropocene and invites reflection on the meaning and role of law in light of changing planetary realties. How law interacts with and governs the global environmental problems is a challenge that legal scholars have approached with vigour over the last decade and, more recently, the concept of the Anthropocene has become a topic that researchers have also begun to grapple with. One avenue of research that has emerged to address global environmental problems is transnational environmental law. Adopting ‘transnational law’ as a lens or framework through which to analyse environmental law takes a broader approach to the ways in which law may be assessed and deployed to meet global environmental challenges. The collection of articles within this Special Issue provide a timely intervention into the theoretical and practical approaches of transnational environmental law in a time of significant global uncertainty and environmental crisis.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"11 1","pages":"1 - 15"},"PeriodicalIF":0.0,"publicationDate":"2020-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20414005.2020.1778888","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45562307","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: 14
Earth system law for the Anthropocene: rethinking environmental law alongside the Earth system metaphor 人类世的地球系统法律:与地球系统隐喻一起重新思考环境法
Transnational Legal Theory Pub Date : 2020-04-02 DOI: 10.1080/20414005.2020.1776556
L. Kotzé
{"title":"Earth system law for the Anthropocene: rethinking environmental law alongside the Earth system metaphor","authors":"L. Kotzé","doi":"10.1080/20414005.2020.1776556","DOIUrl":"https://doi.org/10.1080/20414005.2020.1776556","url":null,"abstract":"ABSTRACT Despite its noble intentions and some victories, environmental law has been and continues to be complicit in driving the processes and paradigms that give rise to the Anthropocene. Environmental law is also unable to respond to the regulatory challenges that arise from the Anthropocene's complex Earth system. We need a new legal paradigm that is better fit for purpose in the Anthropocene called Earth system law. A key reason for environmental law's failures and an obstacle preventing its transformation, is its reluctance to embrace and respond to the notion of the Earth system. My hypothesis is that the Earth system metaphor should be key in rethinking environmental law with the ultimate view to constructing Earth system law for the Anthropocene. The primary purpose of this paper is to explore what the Earth system metaphor entails and what it might imply for environmental law's transformation to Earth system law.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"11 1","pages":"104 - 75"},"PeriodicalIF":0.0,"publicationDate":"2020-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20414005.2020.1776556","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44745813","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: 24
Environmental trusteeship and state sovereignty: can they be reconciled? 环境托管和国家主权:它们能调和吗?
Transnational Legal Theory Pub Date : 2020-04-02 DOI: 10.1080/20414005.2020.1757862
K. Bosselmann
{"title":"Environmental trusteeship and state sovereignty: can they be reconciled?","authors":"K. Bosselmann","doi":"10.1080/20414005.2020.1757862","DOIUrl":"https://doi.org/10.1080/20414005.2020.1757862","url":null,"abstract":"ABSTRACT The call for Earth trusteeship cannot easily be reconciled with state sovereignty. The concept of state sovereignty emerged at a time of great distances and absolute national autonomy. In a globalised, interconnected world that utterly depends on the integrity of Earth’s ecological systems, absolute territorial sovereignty is counterproductive and potentially life threatening. Arguably, the time is right for reconceptualisation state sovereignty. Sovereignty includes not just fiduciary and trusteeship obligations towards the state’s own citizens, but also towards humanity at large and Earth as a whole. The current UN reform process including Agenda 2030 offers a window opportunity for institutionalising Earth trusteeship at international and national levels.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"11 1","pages":"47 - 61"},"PeriodicalIF":0.0,"publicationDate":"2020-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20414005.2020.1757862","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47036998","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
Litigation and regulatory governance in the age of the Anthropocene: the case of fracking in the Karoo 人类世时代的诉讼和监管治理：卡鲁的水力压裂案例
Transnational Legal Theory Pub Date : 2020-04-02 DOI: 10.1080/20414005.2020.1777037
Melanie Murcott, Emily Webster
{"title":"Litigation and regulatory governance in the age of the Anthropocene: the case of fracking in the Karoo","authors":"Melanie Murcott, Emily Webster","doi":"10.1080/20414005.2020.1777037","DOIUrl":"https://doi.org/10.1080/20414005.2020.1777037","url":null,"abstract":"ABSTRACT The demand for fossil fuels, and most recently natural gas, has resulted in large-scale intervention with the Earth both from its extraction and its overwhelming contribution to global greenhouse gas emissions, and so climate change. Adopting a transnational legal methodology, this article assesses the role of non-state actors in the regulation of fracking in the ecologically and socially sensitive area of the Karoo, South Africa. The litigation discussed reveals a constellation of actors including the government and transnational fossil fuels promoting fracking on the one hand, and various non-state actors, such as civil society, domestic business as well as the global anti-fracking movement, opposing fracking on the other. The role and power of the state to regulate fracking is significantly impacted by these actors, including by refocussing the minds of transnational corporations and the state on the centrality of public participation, by challenging regulations introduced to govern fracking, and through delaying the operationalisation of fracking in the Karoo.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"11 1","pages":"144 - 164"},"PeriodicalIF":0.0,"publicationDate":"2020-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20414005.2020.1777037","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45212020","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: 3
Regimes of waste (im)perceptibility in the life cycle of metal 金属生命周期中废物可感知性的制度
Transnational Legal Theory Pub Date : 2020-04-02 DOI: 10.1080/20414005.2020.1778878
T. Beigi, Michael Picard
{"title":"Regimes of waste (im)perceptibility in the life cycle of metal","authors":"T. Beigi, Michael Picard","doi":"10.1080/20414005.2020.1778878","DOIUrl":"https://doi.org/10.1080/20414005.2020.1778878","url":null,"abstract":"ABSTRACT The transnational legal landscape governing waste management, recycling, and disposal remains narrowly focused on the economic possibilities of ‘end-of-life products', while paying little to no consideration to the much greater quantities of waste generated at the beginning of the product's lifecycle. We explore the existing regulatory framework through the duality of (in)visibility: whereas the circular economy of recycling increasingly integrates synthetic waste into the visible, the extractive industry buries biophysical waste into a ‘cradle-to-grave' economy. We argue that waste becomes a perceptible matter of concern when commodified into a new cycle of wealth accumulation. By contrast, when waste is abandoned on mining sites, it becomes an imperceptible matter of fact. Mining risks, although perceptible to the industry and affected communities, are rendered less visible to the administrative bodies in charge of regulating them. Therefore, waste (im)perceptibility is industrially manufactured according to the commercial aspects of a product, rather than its toxicity.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"11 1","pages":"197 - 218"},"PeriodicalIF":0.0,"publicationDate":"2020-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20414005.2020.1778878","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46790250","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: 2
The extra-territorial application of corporate governance standards in China 公司治理标准在中国的域外适用
Transnational Legal Theory Pub Date : 2020-03-25 DOI: 10.1080/20414005.2020.1744890
Bryane Michael, S. Goo, S. Osaulenko
{"title":"The extra-territorial application of corporate governance standards in China","authors":"Bryane Michael, S. Goo, S. Osaulenko","doi":"10.1080/20414005.2020.1744890","DOIUrl":"https://doi.org/10.1080/20414005.2020.1744890","url":null,"abstract":"ABSTRACT In this article, we describe theoretical application of extra-territoriality to corporate governance related law in Hong Kong. We describe why and how such extra-territoriality (following the lead of the United States) could encourage Mainland firms to adopt corporate governance practices more in line with the OECD Guidelines (and even implement them). Changes to the Companies Ordinance and the Hong Kong Stock Exchange’s Listing Rules can, in theory, provide for such extra-territorial reach. The results of such an experiment would help us understand the role an international financial centre can play in creating value across borders, as well as make Hong Kong’s rules and markets more relevant in/to Mainland China.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"11 1","pages":"436 - 453"},"PeriodicalIF":0.0,"publicationDate":"2020-03-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20414005.2020.1744890","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49229278","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
Two layers of self-regulation 两层自我调节
Transnational Legal Theory Pub Date : 2020-03-22 DOI: 10.1080/20414005.2020.1746147
J. Viñuales
{"title":"Two layers of self-regulation","authors":"J. Viñuales","doi":"10.1080/20414005.2020.1746147","DOIUrl":"https://doi.org/10.1080/20414005.2020.1746147","url":null,"abstract":"ABSTRACT Human self-regulation, however conceived, is but a small part of a bigger whole. But that part is becoming more disruptive of the broader self-regulatory system of the biosphere, the Earth system. The purpose of this essay is to connect two narratives. One concerning biospheric self-regulation, which has been formulated in increasing detail, and the other concerning human self-regulation, which remains inchoate and scattered. The starting point of the analysis is the curious fact that, whereas in the past most accounts of the world embedded humans within nature, even if the overall impact of humans on natural cycles was limited, in the last two centuries, the prevailing accounts have assumed or postulated a disconnection between human and natural history, despite the fact that the empirical connection has become inescapable. In this context, this essay first characterises the conceptual disconnection and the empirical connection between human action and geological processes, and then revisits, in this light, the link between biospheric self-regulation and human self-regulation, paying attention to the role of the social practices we call law.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"11 1","pages":"16 - 32"},"PeriodicalIF":0.0,"publicationDate":"2020-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20414005.2020.1746147","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47708913","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: 3
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