Transnational Environmental Law最新文献

(Sustainable) Development, Environment, and the Relational ‘Third Space’: Lessons from Aotearoa New Zealand’s Fast-track Approvals Act （可持续）发展、环境和相关的“第三空间”：来自新西兰快速审批法案的经验教训

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2026-04-28 DOI: 10.1017/s2047102526100259

Elizabeth Macpherson, Rachael Mortiaux

{"title":"(Sustainable) Development, Environment, and the Relational ‘Third Space’: Lessons from Aotearoa New Zealand’s Fast-track Approvals Act","authors":"Elizabeth Macpherson, Rachael Mortiaux","doi":"10.1017/s2047102526100259","DOIUrl":"https://doi.org/10.1017/s2047102526100259","url":null,"abstract":"Policymakers often cite a need to balance, or trade off, the protection and restoration of the natural environment on the one hand, and the extractive use of the environment for economic reasons on the other. This tension is inherent in the goal of ‘sustainable development’, which, despite providing a conceptual basis for Western environmental and conservation law, has also been criticized for legitimizing socio-ecologically destructive practices. This tension comes to the fore in the New Zealand government’s Fast-track Approvals Act 2024, which, to prioritize economic development interests, circumvents prior environmental and conservation law safeguards, as well as constitutional protection for the rights of Indigenous Māori. We undertook a contextual legal analysis of the fast-track legislation, demonstrating how it works to undermine conservation outcomes and Indigenous rights. Our findings hold particular significance for scholarly and policy debates about transnational environmental law, especially the contribution of Indigenous knowledge and law in a multi-level governance context. We argue that centring relationality in environmental law frameworks might help to shift away from binary approaches to environmental law, which trade off economic versus environmental and cultural interests.","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":"3 1","pages":""},"PeriodicalIF":4.3,"publicationDate":"2026-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147752674","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Striving for Just Ecological Restoration: A Critical Analysis of the EU Nature Restoration Regulation 争取公正的生态恢复：对欧盟自然恢复条例的批判性分析

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2026-04-27 DOI: 10.1017/s2047102526100247

Eleonora Ciscato, Matilde Meertens

引用次数: 0

Channelling of Liability under the International Convention on Civil Liability for Oil Pollution Damage 1992 from the Perspective of Remote Operation of Ships 从船舶远程操作看1992年《国际油污损害民事责任公约》下的责任分流

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2026-04-27 DOI: 10.1017/s2047102526100284

Ayşegül Buğra Şar

{"title":"Channelling of Liability under the International Convention on Civil Liability for Oil Pollution Damage 1992 from the Perspective of Remote Operation of Ships","authors":"Ayşegül Buğra Şar","doi":"10.1017/s2047102526100284","DOIUrl":"https://doi.org/10.1017/s2047102526100284","url":null,"abstract":"The emergence of remotely operated vessels introduces new players, such as remote operators, into the shipping industry. The International Maritime Organization (IMO) is working to incorporate these concepts into its regulatory framework. Given the significant responsibilities expected of remote operators, their liability for oil pollution and their role in marine environment protection require careful examination. The IMO is reviewing whether remote operators should be protected under the ‘channelling of liability’ provision in the International Convention on Civil Liability for Oil Pollution Damage 1992, which shields certain parties from negligence claims. While this provision may simplify the process of assigning liability, it has been criticized for weakening incentives to protect the marine environment. This article examines two options for the IMO: (i) leaving the status of remote operators undefined, allowing courts to interpret if they fall within the provision, or (ii) explicitly clarifying their status. The former is assessed through treaty interpretation and domestic case law, highlighting risks of legal uncertainty. The latter is explored by evaluating policy considerations and tools that could strengthen incentives for protecting the marine environment.","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":"34 1","pages":""},"PeriodicalIF":4.3,"publicationDate":"2026-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147752669","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Light Pollution in EU Law: Unveiling Shadow Governance 欧盟法律中的光污染：揭示影子治理

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2026-04-06 DOI: 10.1017/s2047102525100216

Niels Hoek

引用次数: 0

Save the Climate but Don’t Blame Us: Corporate Arguments in Climate Litigation 拯救气候，但不要责怪我们：气候诉讼中的企业论点

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2026-02-19 DOI: 10.1017/s2047102525100186

Noah Walker-Crawford

引用次数: 0

Solastalgia: A New Type of Harm for a More Sustainable Environmental Liability Framework 太阳痛：一种更可持续的环境责任框架的新型危害

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2026-02-19 DOI: 10.1017/s2047102525100204

Simon Van Eekert

{"title":"Solastalgia: A New Type of Harm for a More Sustainable Environmental Liability Framework","authors":"Simon Van Eekert","doi":"10.1017/s2047102525100204","DOIUrl":"https://doi.org/10.1017/s2047102525100204","url":null,"abstract":"In this article, I study non-material harm in cases of environmental liability. Environmental tragedy does not only come at great economic cost but often also brings about non-material loss – that is, loss that has no market value. In order to better recognize, assess, and measure this type of harm, more insight is needed into its psychological conception and parameters. Departing from the available legal frameworks on non-material harm in Belgium as well as in the Netherlands, I study how environmental psychology can help in recognizing, assessing, and measuring environmental non-material harm. More specifically, I focus on solastalgia, a notion that describes the psychological impact of negatively perceived changes to a familiar environment. Solastalgia describes a crisis of identity as a result of a disturbance in the way in which humans inhabit their environment. It describes a form of ecological grief over the loss of a familiar place – that is, the aggregate meanings, values, familiarity, and predictability attached to a specific environment. Using the available theoretical framework around solastalgia and the available empirical insights in the solastalgia literature, I show that solastalgia qualifies as a valid type of harm and bears significant advantages when implemented in environmental tort law frameworks.","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":"15 1","pages":""},"PeriodicalIF":4.3,"publicationDate":"2026-02-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"146215765","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Unravelling the EU Deforestation-Free Products Regulation: A Transnational Governance Mechanism that Misses the Forest for the Trees 拆解欧盟无森林砍伐产品法规：一种顾全森林顾全树木的跨国治理机制

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2026-02-11 DOI: 10.1017/s2047102525100198

Ysaline Reid, Tomaso Ferrando

{"title":"Unravelling the EU Deforestation-Free Products Regulation: A Transnational Governance Mechanism that Misses the Forest for the Trees","authors":"Ysaline Reid, Tomaso Ferrando","doi":"10.1017/s2047102525100198","DOIUrl":"https://doi.org/10.1017/s2047102525100198","url":null,"abstract":"In alignment with the vision for the future of the European Union (EU) put forth by the European Green Deal in 2020, and EU efforts to tackle global deforestation and forest degradation, the EU Deforestation-Free Products Regulation (EUDR) was adopted in June 2023. The EUDR is designed specifically as a unilateral, yet transnational, intervention to limit access to the EU market or the exports from the EU of seven key forest-risk commodities whenever they are linked with deforestation, forest degradation, or illegality. Drawing on decolonial and critical food systems scholarship, this article critically examines the EU’s position in combating global deforestation and forest degradation by positioning the EUDR in historically shaped and unequally constructed agri-food chains. Whereas the EU’s plan to decrease deforestation and forest degradation linked with its substantive consumption of products from the global south is an innovative step from the point of view of transnational governance of environmental degradation, we find that the historical amnesia, the emphasis on global trade, and the push for ‘green value chains’ fail to address the root causes of deforestation. Moreover, we contend that the EU legislator overlooked the potential of using transnational governance to rethink agri-food systems, including by promoting re-regionalization in the name of food sovereignty and the right to food.","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":"51 1","pages":""},"PeriodicalIF":4.3,"publicationDate":"2026-02-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"146153527","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Comparison of Groundwater Ownership Regimes in Ten Jurisdictions Across Five Continents 五大洲十个司法管辖区地下水所有权制度的比较

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2026-01-29 DOI: 10.1017/s2047102525100149

Gabriel Eckstein, Theo Buchler, Caleb Cook, Heping Dang, Robyn Stein, Stefano Burchi, Gabriela Cuadrado Quesada, Juan Pablo Galeano, Eric Garner, Amy Hardberger, Imad Antoine Ibrahim, Oudi Kgomongwe

{"title":"Comparison of Groundwater Ownership Regimes in Ten Jurisdictions Across Five Continents","authors":"Gabriel Eckstein, Theo Buchler, Caleb Cook, Heping Dang, Robyn Stein, Stefano Burchi, Gabriela Cuadrado Quesada, Juan Pablo Galeano, Eric Garner, Amy Hardberger, Imad Antoine Ibrahim, Oudi Kgomongwe","doi":"10.1017/s2047102525100149","DOIUrl":"https://doi.org/10.1017/s2047102525100149","url":null,"abstract":"The regulation of groundwater remains underdeveloped globally and often lags behind the domestic governance of surface water. As a result, groundwater is often subject to unfettered extraction, uses, and contamination. A clear understanding of ownership is central to the success of domestic regulations. However, the types of ownership regime in place in nations around the world are poorly documented in the academic literature. This study addresses that gap through a comparative analysis of domestic groundwater ownership regimes across ten jurisdictions in nine countries spanning five continents. It identifies three dominant models of groundwater ownership: private ownership, public ownership, and non-ownership with public oversight. It then examines how these ownership doctrines impact key dimensions of groundwater governance, including the nature and transferability of the ownership right, the level of government at which regulation takes place, implications for rights of use, and interactions with customary and Indigenous rights. Doing so offers unique insight into how nations with different legal traditions, governance structures, and customary practices address the ownership of groundwater resources. It also suggests that different ownership (and non-ownership) models can have distinct implications for other aspects of groundwater governance.","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":"30 1","pages":""},"PeriodicalIF":4.3,"publicationDate":"2026-01-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"146070229","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Guarantees of Non-Repetition and the Future of Transboundary Harm: Lessons Flowing from the Montara Oil Spill 保证不再发生和跨界损害的未来：蒙塔拉石油泄漏的教训

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2026-01-21 DOI: 10.1017/s2047102525100162

Jean Allain, Iman Prihandono

引用次数: 0

Biodiversity, EU Pesticides Law, and Trade: Deconstructing World Trade Organization Delegates’ Concerns through a Human Rights Lens 生物多样性、欧盟农药法与贸易：从人权视角解构世界贸易组织代表的关注点

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2026-01-06 DOI: 10.1017/s2047102525100150

Irene Musselli, Claudia Ituarte-Lima

引用次数: 0