Transnational Environmental Law最新文献

Environmental Justice and Enforcement: Guidelines from Three Country Studies 环境正义与执法：来自三个国家研究的指导方针

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2025-10-07 DOI: 10.1017/s2047102525100113

Dominique Hervé Espejo, Dusanka Inostroza Skaric

{"title":"Environmental Justice and Enforcement: Guidelines from Three Country Studies","authors":"Dominique Hervé Espejo, Dusanka Inostroza Skaric","doi":"10.1017/s2047102525100113","DOIUrl":"https://doi.org/10.1017/s2047102525100113","url":null,"abstract":"This article argues that environmental justice extends beyond planning and decision-making to include enforcement as a critical, yet often overlooked, dimension. It advances the claim that incorporating environmental justice into enforcement law and policy is essential for addressing structural inequalities and promoting accountability in environmental governance. The primary objective of the article is to identify environmental justice guidelines embedded in enforcement frameworks, with the aim of strengthening the role of justice in regulatory practice and enhancing the equity and effectiveness of enforcement outcomes. The analysis focuses on three enforcement tools that reflect a flexible and responsive approach: (i) the United States’ Supplemental Environmental Projects, (ii) the United Kingdom’s Environmental Enforcement Undertakings, and (iii) Chile’s Compliance Programmes. The article draws on three sources of data: case studies, the environmental justice guidelines applicable to them, and the existing state of enforcement. It begins by examining the regulatory design of enforcement systems in the three jurisdictions; it then analyzes each tool to identify how environmental justice dimensions are integrated – or could be integrated – into their design and implementation. Finally, it assesses the practical application of these instruments, arguing that the deliberate incorporation of environmental justice considerations can improve the responsiveness, transparency, and legitimacy of enforcement mechanisms, which ultimately benefits both the environment and affected communities.","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":"24 1","pages":"1-24"},"PeriodicalIF":4.3,"publicationDate":"2025-10-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145241976","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 Legal Transition Towards a More Circular Battery Value Chain: A Critical Analysis of the Batteries Regulation 向更循环的电池价值链的法律过渡：对电池法规的批判性分析

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2025-09-24 DOI: 10.1017/s2047102525100034

Ida Mae de Waal

{"title":"The Legal Transition Towards a More Circular Battery Value Chain: A Critical Analysis of the Batteries Regulation","authors":"Ida Mae de Waal","doi":"10.1017/s2047102525100034","DOIUrl":"https://doi.org/10.1017/s2047102525100034","url":null,"abstract":"Batteries are identified as a key product value chain, not only for the transition to climate neutrality but also for the European Union’s (EU) transition towards a circular economy (CE). Therefore, the EU has the ambition to create an ecosystem for sustainable batteries that follows a CE approach. As part of this effort, the EU has reviewed and revised the legislation governing the life cycle of batteries: EU chemicals, product and waste legislation. A recent example is the adoption of the Batteries Regulation, which is the first comprehensive legal framework focusing on the entire life cycle of a specific product. The Regulation removes many barriers and introduces incentives to support the transition towards a more circular battery value chain, as identified in this article through both literature and stakeholder interviews in the Netherlands. Compared to the Batteries Directive, the Batteries Regulation appears to better align with and contribute more effectively to CE objectives. Yet, this article also identifies some remaining challenges and suggestions for improvement. Close attention should be paid to the implementation of the Batteries Regulation and its encouragement of higher value retention strategies, as well as to the interaction within the legal framework on batteries as a whole to prevent adverse effects and to exploit synergies in pursuance of CE objectives.","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":"2 1","pages":""},"PeriodicalIF":4.3,"publicationDate":"2025-09-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145128028","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

Avoid, Align or Contest? An Examination of National Courts’ Postures in International Climate Law Litigation 避免、结盟还是竞争？国家法院在国际气候法律诉讼中的地位考察

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2025-09-17 DOI: 10.1017/s2047102525100058

André Nollkaemper

引用次数: 0

A Human Rights Approach to Agrochemical Pollution: Lessons to be Learned from Climate Change Litigation? 从人权角度看待农用化学品污染：气候变化诉讼的经验教训？

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2025-09-08 DOI: 10.1017/s2047102525100046

Véronique Boillet, Mélanie Levy

引用次数: 0

Environmental Impact Assessments and Trade Agreements: An Analysis of US, Canadian, and EU Practices 环境影响评估与贸易协定：对美国、加拿大和欧盟实践的分析

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2025-08-14 DOI: 10.1017/s2047102525100010

Sherzod Shadikhodjaev

引用次数: 0

Transnational Legal Clinic Collaboration: A Force in Global Climate Litigation 跨国法律诊所合作：全球气候诉讼中的一支力量

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2025-05-26 DOI: 10.1017/s2047102525000044

Leanna Katz, Andrea Mariana Dominguez, Mees Brenninkmeijer, Oscar Bourgeois, Narain Yücel, Nadia Alitu Blas Rodriguez, Luis Alejandro Pebe Muñoz, Gianella Mariana Livia Riquero, Carla Arbelaez, Ilana Cohen

{"title":"Transnational Legal Clinic Collaboration: A Force in Global Climate Litigation","authors":"Leanna Katz, Andrea Mariana Dominguez, Mees Brenninkmeijer, Oscar Bourgeois, Narain Yücel, Nadia Alitu Blas Rodriguez, Luis Alejandro Pebe Muñoz, Gianella Mariana Livia Riquero, Carla Arbelaez, Ilana Cohen","doi":"10.1017/s2047102525000044","DOIUrl":"https://doi.org/10.1017/s2047102525000044","url":null,"abstract":"Global challenges such as climate change demand transnational responses, including from legal clinics. Building on earlier community legal clinic and international human rights clinic models, transnational legal clinics combine the objectives of legal clinics with the framework of transnational law to work across domestic and international planes. This article focuses on a Canadian–Peruvian legal clinic collaboration to research and draft an amicus curiae brief for landmark climate litigation in Peru. While the global north–south axis of collaboration raises structural challenges, adopting a transnational approach unites participants around the principle of solidarity and decentres assumptions about expertise. A transnational approach also contributes to the progressive development of law, in this case by offering insights into remedies in climate litigation. Overall, we argue that transnational legal clinic collaboration can spur participants’ reflective learning and make substantive contributions to the growing number of climate cases.","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":"26 1","pages":""},"PeriodicalIF":4.3,"publicationDate":"2025-05-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144137104","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

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