Transnational Environmental Law最新文献_第10页

TEL volume 10 issue 3 Cover and Front matter TEL第10卷第3期封面和封面

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2021-11-01 DOI: 10.1017/s2047102521000340

Veerle Heyvaert, Natasha A. Affolder, G. Calster

引用次数: 0

TEL volume 10 issue 3 Cover and Back matter TEL第10卷第3期封面和封底

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2021-11-01 DOI: 10.1017/s2047102521000352

引用次数: 0

Ten Years On: Rethinking Transnational Environmental Law 跨国环境法十年反思

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2021-11-01 DOI: 10.1017/S2047102521000303

T. Etty, Veerle Heyvaert, C. Carlarne, Bruce R. Huber, J. Peel, Josephine A. W. van Zeben

引用次数: 2

The Rule of Climate Policy: How Do Chinese Judges Contribute to Climate Governance without Climate Law? 气候政策规则：没有气候法，中国法官如何为气候治理做出贡献？

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2021-09-15 DOI: 10.1017/S2047102521000212

Mingzhe Zhu

{"title":"The Rule of Climate Policy: How Do Chinese Judges Contribute to Climate Governance without Climate Law?","authors":"Mingzhe Zhu","doi":"10.1017/S2047102521000212","DOIUrl":"https://doi.org/10.1017/S2047102521000212","url":null,"abstract":"Abstract China's climate governance is distinguished by the contrast between an abundance of policies on climate change and the lack of legally binding laws. This article argues that Chinese courts bridge this difference, which fosters a ‘rule of climate policy’ rather than a strict rule of law. The effective authority of Chinese climate policy is made possible in practice both by provisions of the Chinese Constitution and the prevailing use of legal reasoning. China's constitutional design of ‘ecological civilization’ delegates the duty and the power of managing climate change issues to the executive branch of its government. Most Chinese documents on climate governance have no binding legal force, which means, according to positive law, that they cannot serve as legal grounds for judicial decisions. Chinese judges, in deciding climate-related disputes, must combine legal provisions and non-binding materials to achieve regulatory goals. They use non-legal materials to support statutory or contractual interpretations and determine the existence or limits of rights, which alters the meaning and scope of existing legal terms and principles. This rule of climate policy is possible in the courtroom because judges justify public policy considerations with arguments of principle that are substantiated in various non-binding climate plans.","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":null,"pages":null},"PeriodicalIF":4.3,"publicationDate":"2021-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49298242","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: 6

Conceptualizing the Transnational Regulation of Plastics: Moving Towards a Preventative and Just Agenda for Plastics 概念化塑料的跨国监管:迈向塑料的预防性和公正议程

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2021-09-02 DOI: 10.1017/S2047102521000261

Hope Johnson, Zoe Nay, R. Maguire, Leonie Barner, A. Payne, Manuela B. Taboada

引用次数: 3

From Bushfires to Misfires: Climate-related Financial Risk after McVeigh v. Retail Employees Superannuation Trust 从森林大火到失火:麦克维诉零售雇员退休金信托基金后的气候相关金融风险

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2021-09-01 DOI: 10.1017/S204710252100025X

Esmeralda Colombo

{"title":"From Bushfires to Misfires: Climate-related Financial Risk after McVeigh v. Retail Employees Superannuation Trust","authors":"Esmeralda Colombo","doi":"10.1017/S204710252100025X","DOIUrl":"https://doi.org/10.1017/S204710252100025X","url":null,"abstract":"Abstract The year 2020 proved to be a clarion call for global society. There is no longer doubt that increasingly we are experiencing unpredictable events, known as ‘black swans’, ranging from pandemics to financial meltdowns. One of the ’climate black swans’ against which experts have cautioned is the financial crisis caused by climate change. In this context, the Australian case of McVeigh v. Retail Employees Superannuation Trust for the first time tested climate risk and the fiduciary duties of retail pension funds. Settled in November 2020, the case has already raised the bar for climate risk practice in pension funds. In particular, McVeigh suggests that courts, as well as out-of-court settlements, may articulate a duty, rather than grant permission, for pension funds to consider climate-related financial risk in their investment decisions. The article builds on McVeigh to ask two questions. Firstly, what is the role of climate change litigation in promoting climate regulation by pension funds? Secondly, what is the relative importance of pension funds for the risk management of climate-related financial risk via due diligence compared with risk assessment via disclosure? Fundamentally, the article explains climate-related financial risk as a cultural phenomenon and argues that a discussion on pension fund fiduciary duties must consider disclosure in addition to due diligence. It argues that McVeigh articulated the need for a normative approach to pension fund disclosure duties and an extension of the field of climate-related risk disclosure to embrace climate-related risk due diligence.","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":null,"pages":null},"PeriodicalIF":4.3,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42318717","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: 3

The Swiss Primate Case: How Courts Have Paved the Way for the First Direct Democratic Vote on Animal Rights 瑞士灵长类动物案例:法院如何为动物权利的第一次直接民主投票铺平道路

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2021-08-17 DOI: 10.1017/S2047102521000170

C. Blattner, Raffael N. Fasel

引用次数: 1

Fighting Deforestation in Non-International Armed Conflicts: The Relevance of the Rome Statute for Rosewood Trafficking in Senegal 在非国际性武装冲突中打击森林砍伐:《罗马规约》与塞内加尔红木贩运的相关性

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2021-08-11 DOI: 10.1017/s2047102521000200

P. Martini, Maud Sarliève

引用次数: 1

Mind the Compliance Gap: How Insights from International Human Rights Mechanisms Can Help to Implement the Convention on Biological Diversity 注意遵守差距:来自国际人权机制的见解如何有助于执行《生物多样性公约》

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2021-08-09 DOI: 10.1017/S2047102521000169

N. Koh, C. Ituarte-Lima, T. Hahn

{"title":"Mind the Compliance Gap: How Insights from International Human Rights Mechanisms Can Help to Implement the Convention on Biological Diversity","authors":"N. Koh, C. Ituarte-Lima, T. Hahn","doi":"10.1017/S2047102521000169","DOIUrl":"https://doi.org/10.1017/S2047102521000169","url":null,"abstract":"Abstract Humanity is at a crossroads in addressing biodiversity loss. Several assessments have reported on the weak compliance with the Aichi Biodiversity Targets by the parties to the Convention on Biological Diversity (CBD). To address this lack of compliance, the challenges in implementing and enforcing CBD obligations must be understood. Key implementation challenges of the CBD are identified through a content analysis of policy documents, multi-stakeholder interviews, and participant observation at the recent CBD Conference of the Parties. Building on this analysis, the article explores the extent to which the review mechanisms of international human rights law, with their various strategies for eliciting compliance, can help to improve CBD mechanisms. The findings of this article reveal insights that the CBD can draw from international human rights law to address these compliance challenges, such as facilitating the participation of civil society organizations to provide specific input, and engaging independent biodiversity experts to assess implementation. The article concludes that insights from human rights review mechanisms are useful for improving the emerging peer review mechanism of the CBD, which is important for strengthening accountability within the post-2020 global biodiversity framework.","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":null,"pages":null},"PeriodicalIF":4.3,"publicationDate":"2021-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44724505","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: 11

Private Processes and Public Values: Disciplining Trade in Forest and Ecosystem Risk Commodities via Non-Financial Due Diligence 私人过程和公共价值:通过非金融尽职调查规范森林和生态系统风险商品的贸易

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2021-07-29 DOI: 10.1017/S2047102521000182

E. Partiti

引用次数: 3