Transnational Environmental Law最新文献

Bending the Arc of Law: Positivism Meets Climate Change’s Intergenerational Challenge 弯曲法律的弧线：实证主义应对气候变化的代际挑战

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2025-04-08 DOI: 10.1017/s2047102525000032

Ben Chester Cheong

{"title":"Bending the Arc of Law: Positivism Meets Climate Change’s Intergenerational Challenge","authors":"Ben Chester Cheong","doi":"10.1017/s2047102525000032","DOIUrl":"https://doi.org/10.1017/s2047102525000032","url":null,"abstract":"Catalyzed by the surge in climate litigation worldwide, this article examines the tension between the moral imperatives of intergenerational justice and the operational constraints of positivist legal frameworks. It hypothesizes that while positivist doctrine prima facie challenges judicial application of intergenerational justice principles, reconciliation is possible through contextually attuned adjudication and evolved conceptions of legal principles for the Anthropocene. The article explores three key litigation strategies: dynamic interpretation of existing rights, application of constitutional future generations clauses, and procedural mechanisms for representing future interests. Building on European climate judgments, it analyzes how these approaches strain positivist tenets and animate separation-of-powers objections. The article argues that addressing interpretive and foundational challenges posed by climate change requires both doctrinal innovation and theoretical reconstruction. It shows how contextual constitutionalism can help courts to acknowledge intergenerational duties while preserving legal determinacy, and explores how positivism might evolve to accommodate multigenerational climate governance. Situating leading cases within debates between positivism and non-positivist theories, the article offers a roadmap for developing a framework of legal validity suited to the era-defining challenge of climate change.","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":"59 1","pages":""},"PeriodicalIF":4.3,"publicationDate":"2025-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143797826","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

Governing International Commons: Re-examining Environmental and Sovereignty Imaginaries in the Amazon 治理国际公地：重新审视亚马逊地区的环境和主权想象

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2025-03-12 DOI: 10.1017/s2047102524000414

Roger Merino

{"title":"Governing International Commons: Re-examining Environmental and Sovereignty Imaginaries in the Amazon","authors":"Roger Merino","doi":"10.1017/s2047102524000414","DOIUrl":"https://doi.org/10.1017/s2047102524000414","url":null,"abstract":"The international community has consistently emphasized the importance of protecting the Amazon rainforest as a global carbon reservoir and climate regulator. Basin states have historically responded by rejecting the ‘internationalization of the Amazon’, arguing that they have sovereign rights to exploit the area under their own development plans. By reaffirming their sovereignty rights over international environmental concerns, they have also excluded the ancestral rights of Indigenous peoples in the basin. This article examines how the principles of absolute sovereignty (‘enclosure’), ‘common heritage of humankind’, and ‘common concern of humankind’ have been incorporated into the discourses, instruments, and practices of international environmental governance of the Amazon. These principles interact through shared anthropocentric, ethnocentric, and state-centric premises. Through an analysis of the Amazon Cooperation Treaty Organization (ACTO), the article finds that despite the discursive rejection of international forces, the basin states appeal to ‘common concern’ to embrace international cooperation while promoting transnational extractive and infrastructure projects through the principle of ‘enclosure’. This produces fragmented governance that legitimizes the expansion of extractivism under sovereign and developmental imaginaries while excluding the self-determination claims and ecological perspectives of the Indigenous peoples of the Amazon.","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":"15 1","pages":""},"PeriodicalIF":4.3,"publicationDate":"2025-03-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143599960","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

Subnational Climate Clubs: An Interactional Approach to Transnational Lawmaking 次国家气候俱乐部：跨国立法的互动途径

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2025-03-10 DOI: 10.1017/s2047102525000019

Ling Chen

{"title":"Subnational Climate Clubs: An Interactional Approach to Transnational Lawmaking","authors":"Ling Chen","doi":"10.1017/s2047102525000019","DOIUrl":"https://doi.org/10.1017/s2047102525000019","url":null,"abstract":"Predominant climate club research emphasizes state-centric clubs that alter the incentive structure and bargaining context for climate cooperation. This focus on national governments, however, leaves climate clubs vulnerable to political turbulence afflicting individual club members. Subnational governments are an important yet often overlooked type of actor in the club literature. This article contributes to understanding the role and nature of subnational government-led clubs in transnational climate governance and lawmaking through qualitative case studies of the Western Climate Initiative and the C40 Cities Climate Leadership Group. I identify the distinguishing characteristics that these clubs manifest in their membership and functions, as formalized through legal arrangements. I demonstrate that these clubs have the potential to increase structural stability, withstand political changes, and enhance the legitimacy and efficacy of climate action. They do so by functioning not only as organizations that create incentives for committing to legal norms and mechanisms for deterring free riding but also as communities of practice that generate shared understandings, resources, and norms to sustain club cooperation in pursuing a shared commitment to climate action. As such, each club applies a mix of rationalist approaches to benefit generation and constructivist approaches to community building.","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":"53 1","pages":""},"PeriodicalIF":4.3,"publicationDate":"2025-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143582735","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

Identifying Key Polluters: The Feasibility of Applying the Polluter Pays Principle to Marine Greenhouse Gas Emissions 识别主要污染者：对海洋温室气体排放实施污染者付费原则的可行性

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2025-02-24 DOI: 10.1017/s2047102524000372

Ling Zhu, Xinwei Li

{"title":"Identifying Key Polluters: The Feasibility of Applying the Polluter Pays Principle to Marine Greenhouse Gas Emissions","authors":"Ling Zhu, Xinwei Li","doi":"10.1017/s2047102524000372","DOIUrl":"https://doi.org/10.1017/s2047102524000372","url":null,"abstract":"Greenhouse gas (GHG) emissions from shipping contribute meaningfully to climate change. Despite significant efforts of the International Maritime Organization over recent decades, existing measures are still inadequate for achieving net-zero GHG emissions in the shipping sector and multilateral negotiations hold little promise for improvement. This article considers the polluter pays principle (PPP) as an alternative or additional pathway for tackling marine GHG emissions. The article focuses on the challenges in identifying polluters, which is the key issue that must be addressed before the PPP can be applied. Specifically, the article presents an analytical framework and examines various approaches to identifying marine GHG emissions polluters. Firstly, it identifies the polluter from a general perspective, using three approaches: examining the issue broadly, reviewing international conventions and European Union initiatives that incorporate the PPP, and analyzing selected domestic legislation reflecting the PPP. The article then focuses on maritime shipping, considering specifically two types of contract of affreightment – charterparties and bills of lading – while highlighting key factors in identifying the polluter. In conclusion, the assessment of causal links, along with operational and management decisions regarding the vessel, attribute the status of primary polluter to the shipowner, demise charterer, and time charterer.","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":"65 1","pages":""},"PeriodicalIF":4.3,"publicationDate":"2025-02-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143477563","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

Flexilateralism in EU Trade Policy: The Case of Aviation Fuels in the Hardening Environmental Trade Instruments 欧盟贸易政策中的灵活单边主义：以日益强硬的环境贸易手段中的航空燃料为例

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2025-02-19 DOI: 10.1017/s2047102524000359

Harri Kalimo, Simon Happersberger, Eleanor Mateo

{"title":"Flexilateralism in EU Trade Policy: The Case of Aviation Fuels in the Hardening Environmental Trade Instruments","authors":"Harri Kalimo, Simon Happersberger, Eleanor Mateo","doi":"10.1017/s2047102524000359","DOIUrl":"https://doi.org/10.1017/s2047102524000359","url":null,"abstract":"Over the past 20 years, the European Union (EU) has shifted the emphasis of its trade policy from multilateral agreements towards bilateral preferential trade agreements (PTAs) and, more recently, to unilateral policy instruments. In this article we analyze the EU’s growing ambitions in promoting environmental sustainability in the context of these shifts. We advance an analytical and a conceptual argument, focusing on a product group that is highly relevant to the EU’s green transition: aviation fuels. We argue that the increasing hardness and ambition of the EU’s environmental policy instruments on the sustainability of aviation fuels contributes to a trend of ‘unilateralization’ in EU trade policy. Our analysis further illustrates how the complementary qualities of hardness and ambition in the multi-, bi-, and unilateral EU instruments lead to their flexible combination in the EU trade policy mix. Based on these findings, we propose to describe and critically analyze the EU’s current approach as ‘flexilateralism’. The EU has changed from prioritizing multilateralism to a more pragmatic, flexilateral approach, rather than for fully fledged bilateralism or unilateralism. This is what the EU’s more assertive ‘strategic autonomy’ may be about: a flexilateral approach to better address issues such as environmental sustainability with the most useful combination of instruments available.","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":"1 1","pages":""},"PeriodicalIF":4.3,"publicationDate":"2025-02-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143443416","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

Climate Effects in Environmental Impact Assessment 环境影响评估中的气候影响

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2025-02-19 DOI: 10.1017/s2047102524000402

Benoit Mayer

引用次数: 0

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