Transnational Environmental Law最新文献

Evaluating the Ethical Responsibility of Environmental Planning Law in Perpetuating Settler Colonialism Using a Transnational Legal Lens 从跨国法律视角评价环境规划法在延续定居者殖民主义中的伦理责任

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2025-01-16 DOI: 10.1017/s2047102524000347

Paul J. Govind

{"title":"Evaluating the Ethical Responsibility of Environmental Planning Law in Perpetuating Settler Colonialism Using a Transnational Legal Lens","authors":"Paul J. Govind","doi":"10.1017/s2047102524000347","DOIUrl":"https://doi.org/10.1017/s2047102524000347","url":null,"abstract":"This article investigates whether environmental planning law can demonstrate ethical responsibility for its role in settler colonialism. Planning law contributes to settler colonialism by diminishing, excluding, and eliminating alternative views of land that are fundamental to First Nations culture, philosophy, and law/lore. The article adopts a transnational legal frame that recognizes and promotes First Nations as sovereign. The investigation is focused primarily on the planning law system in New South Wales (NSW), Australia, while being guided by interpretations and applications of the rights of First Nations peoples by courts in Canada. It is argued that state planning law in NSW fails to give effect to ethical responsibility because its operation continues to dominate and marginalize Aboriginal legal culture by eroding the necessary ontological and epistemic relationships with land. However, there is potential for change. Opportunities to disrupt settler colonialism have emerged through bottom-up litigation, which has promoted interpretations, applications, and implementation of law that can be performed in ways that resonate with Canadian case law. While the absence of treaty or constitution-based rights protection in NSW and Australia means that the transplant is not seamless, the article argues that laws should not be interpreted and applied in ways that perpetuate settler colonialism where alternative interpretations can lead to a different outcome.","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":"2 1","pages":""},"PeriodicalIF":4.3,"publicationDate":"2025-01-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142986120","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 Towards ‘The Good Life’: What Environmental Litigation in India Can Tell Us About Climate Litigation in the Global South: Vedanta Ltd v. State of Tamil Nadu and Others, Supreme Court of India 向“美好生活”奋斗：印度环境诉讼对全球南方气候诉讼的启示：韦丹塔有限公司诉泰米尔纳德邦等，印度最高法院

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2024-12-23 DOI: 10.1017/s2047102524000360

Parul Kumar

引用次数: 0

The Role of Epistemic Communities in Formulating EU Policy: The PrecisionTox Project 认识论社区在制定欧盟政策中的作用：PrecisionTox 项目

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2024-12-18 DOI: 10.1017/s204710252400027x

Aleksandra Čavoški, Robert Lee, Laura Holden

{"title":"The Role of Epistemic Communities in Formulating EU Policy: The PrecisionTox Project","authors":"Aleksandra Čavoški, Robert Lee, Laura Holden","doi":"10.1017/s204710252400027x","DOIUrl":"https://doi.org/10.1017/s204710252400027x","url":null,"abstract":"The interface of science and law is a territory frequently occupied by policymakers. In facilitating this interface, epistemic communities have become significant influencers in policymaking, especially at the European Union (EU) level, as a result of its complex multilevel governance system. In this article we assess the quality and nature of interactions between epistemic communities and EU stakeholders on the Horizon-funded project ‘PrecisionTox’, by deploying the concept of epistemic communities developed by Haas, as well as the learning modes of epistemic communities as presented and adapted by Dunlop. The overarching goal of PrecisionTox is to advance the safety assessment of chemicals by establishing a new, cost-effective testing paradigm built from evolutionary theory, which entails reduction, replacement, and refinement of mammalian testing (the 3Rs). The study shows that EU-funded projects can provide an excellent platform for building epistemic communities and forging alliances with EU policymakers, especially when novel technologies may be unlocked and socialized. This study also explores the early interaction of policymakers with epistemic communities through different forms of learning to better understand the complexities surrounding these new technologies in order to set an agenda for policy interventions.","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":"7 1","pages":""},"PeriodicalIF":4.3,"publicationDate":"2024-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142841976","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

The Role of Science and Historiography in the Development of Transnational Environmental Law: A New History of the 1900 London Convention for the Preservation of African Wildlife 科学和历史学在跨国环境法发展中的作用：1900 年《保护非洲野生动物伦敦公约》的新历史

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2024-12-18 DOI: 10.1017/s2047102524000311

James Hickling

{"title":"The Role of Science and Historiography in the Development of Transnational Environmental Law: A New History of the 1900 London Convention for the Preservation of African Wildlife","authors":"James Hickling","doi":"10.1017/s2047102524000311","DOIUrl":"https://doi.org/10.1017/s2047102524000311","url":null,"abstract":"Historiographic studies of transnational environmental law (TEL) are increasingly relevant as scholars and practitioners search for ways in which to deliver more quickly and efficiently effective regulation that is responsive to global environmental issues. This article uses new and original archival research to better locate the Convention for the Preservation of Wild Animals, Birds and Fish in Africa (1900 London Convention) in its legal-scientific historical context. Most of the scholarship on this topic draws on historian John M. MacKenzie's groundbreaking analysis of what he called ‘the hunting cult’ and its role in the imperial advance into India, Africa, and elsewhere. When viewed through the dual lens of legal history and the history of science, the late 19th and early 20th centuries represented a period of transition during which a new science-based perspective advanced by evolutionary biologists was embraced by science-minded policymakers, and expressed in domestic law and foreign policy aimed at the preservation of endangered species and the protection of biodiversity. The 1900 London Convention is an early example of a modern TEL instrument informed by science and by values that today most recognize as being critically important and universal. The new history in this article also resonates as an example of how polarizing political narratives can delay law reform and the importance of maintaining focus on collaborative problem solving and science-based regulation of complex transnational environmental issues.","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":"115 1","pages":""},"PeriodicalIF":4.3,"publicationDate":"2024-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142841977","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

Echoes Through Time: Transforming Climate Litigation Narratives on Future Generations 时间的回声：改变关于后代的气候诉讼叙事

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2024-11-05 DOI: 10.1017/s2047102524000177

Margaretha Wewerinke-Singh, Alofipo So'o alo Fleur Ramsay

引用次数: 0

Hope-Bearing Legislation? The Well-being of Future Generations (Wales) Act 2015 承载希望的立法？2015 年（威尔士）后代福祉法

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2024-10-21 DOI: 10.1017/s2047102524000219

Elen Stokes, Caer Smyth

引用次数: 0

Transnational Governance of Soybean Land Use in South America: A Polycentric Approach 南美洲大豆土地利用的跨国治理：多中心方法

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2024-10-21 DOI: 10.1017/s2047102524000268

Zhang Min, Fernando Romero Wimer

引用次数: 0

Value Chains and Environmental Impact Assessments: Lessons from Two French Legal Cases on Bioenergy Facilities 价值链与环境影响评估：从法国两起生物能源设施法律案件中汲取的教训

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2024-10-17 DOI: 10.1017/s2047102524000232

Clément Lasselin, Sébastien Barot, Anouk Barberousse

{"title":"Value Chains and Environmental Impact Assessments: Lessons from Two French Legal Cases on Bioenergy Facilities","authors":"Clément Lasselin, Sébastien Barot, Anouk Barberousse","doi":"10.1017/s2047102524000232","DOIUrl":"https://doi.org/10.1017/s2047102524000232","url":null,"abstract":"The scope of environmental impact assessments (EIAs) has traditionally been limited to on-site effects. This approach faces limitations when dealing with intricate value chains. Particularly for projects involving biomass-to-energy facilities, the primary environmental impacts often originate from off-site biomass production. This article considers the resulting limitations of EIAs by using two legal disputes in France as illustrative examples. In the Gardanne and the La Mède cases, French Administrative Courts sought to establish the necessity for project proponents to incorporate supply-related impacts into the EIA process. Strategies aimed at broadening the scope of EIAs, either by expanding the assessed project boundaries or by invoking the concept of cumulative impacts, were not deemed the most relevant approaches. Instead, the concept of ‘indirect impact’ emerged as a valuable tool for incorporating supply-related impacts. However, to prevent the indirect impact concept from being disregarded as too ambiguous or ineffective, it should be complemented by precise criteria to determine whether an impact may be considered indirect. We study these avenues within the broader evolving landscape of EIA laws, and by exploring ways to harmonize EIAs with other regulatory instruments governing value chains.","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":"99 1","pages":""},"PeriodicalIF":4.3,"publicationDate":"2024-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142444526","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

Looking to Livestock: Gauging the Evolution of the EU's Agri-Climate Law and Policy 展望畜牧业：衡量欧盟农业气候法律和政策的演变

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2024-10-16 DOI: 10.1017/s2047102524000256

Rebecca Williams

引用次数: 0

A Critical Review of the Energy Charter Treaty from an Earth System Law Perspective 从地球系统法的角度对《能源宪章条约》进行批判性审查

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2024-10-10 DOI: 10.1017/s2047102524000244

Endrius Cocciolo, Leonie Reins

引用次数: 0