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A New Leaf: Is It Time to De-objectify Plants in Private Law? 新的一叶：现在是在私法中去物化植物的时候了吗？
IF 4.3 1区 社会学
Transnational Environmental Law Pub Date : 2024-05-27 DOI: 10.1017/s204710252400013x
Joris van Laarhoven, Rens Claerhoudt
{"title":"A New Leaf: Is It Time to De-objectify Plants in Private Law?","authors":"Joris van Laarhoven, Rens Claerhoudt","doi":"10.1017/s204710252400013x","DOIUrl":"https://doi.org/10.1017/s204710252400013x","url":null,"abstract":"<p>In civil law jurisdictions, plants have traditionally been classified as ‘objects’ (or ‘things’) under private law, reflecting an age-old tendency, certainly in the Western world, to underestimate and undervalue plants. Recent legal debates increasingly acknowledge the special nature of plants. Perhaps the most eye-catching debate in this context is the one on Rights of Nature, which have much potential but pose some practical and conceptual challenges. We propose an additional way of acknowledging the special nature of plants in a legal context: de-objectifying plants in private law and thereby explicating that they are not mere objects. Numerous civil codes already separate animals from objects, often – though not exclusively – based on the sentience of animals. Recent scientific research suggests that plants may be sentient, too. We aim to open the debate on the de-objectification of plants, based on their sentience, in civil codes as a feasible and unobtrusive way to acknowledge in law that plants are living beings, and more than mere things.</p>","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":null,"pages":null},"PeriodicalIF":4.3,"publicationDate":"2024-05-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141156693","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
Transforming the Rule of Law in Environmental and Climate Litigation: Prohibiting the Arbitrary Treatment of Future Generations 改变环境和气候诉讼中的法治：禁止任意对待子孙后代
IF 4.3 1区 社会学
Transnational Environmental Law Pub Date : 2024-05-24 DOI: 10.1017/s2047102524000116
Katalin Sulyok
{"title":"Transforming the Rule of Law in Environmental and Climate Litigation: Prohibiting the Arbitrary Treatment of Future Generations","authors":"Katalin Sulyok","doi":"10.1017/s2047102524000116","DOIUrl":"https://doi.org/10.1017/s2047102524000116","url":null,"abstract":"<p>This article maps the shared legal anatomy of climate and environmental lawsuits, in which plaintiffs claim protection for future generations before domestic or international courts. By closely analyzing the litigation strategies of plaintiffs and the inquiry of courts, the article argues that these proceedings revolve around structurally similar legal standards across domestic and international jurisdictions, which correspond to five normative requirements flowing from the rule of law: namely, respect for human rights, certain quality of law requirements, prohibition of arbitrary exercise of governmental powers, non-discrimination, and access to justice. The cross-jurisdictional analysis shows that courts appear to be increasingly willing to protect future generations against arbitrary treatment by present-day decision makers. The article appraises whether such an intergenerationally sensitive reinterpretation of the rule of law could help to change the short-termist paradigm of environmental and climate law.</p>","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":null,"pages":null},"PeriodicalIF":4.3,"publicationDate":"2024-05-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141091887","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
Law, Colonial-Capitalist Floods, and the Production of Injustices in Eastern India: Insights for Climate Adaptation 印度东部的法律、殖民资本主义洪水和不公正的产生：对气候适应的启示
IF 4.3 1区 社会学
Transnational Environmental Law Pub Date : 2024-05-07 DOI: 10.1017/s2047102524000074
Birsha Ohdedar
{"title":"Law, Colonial-Capitalist Floods, and the Production of Injustices in Eastern India: Insights for Climate Adaptation","authors":"Birsha Ohdedar","doi":"10.1017/s2047102524000074","DOIUrl":"https://doi.org/10.1017/s2047102524000074","url":null,"abstract":"<p>Floods are not merely ‘natural’ disasters; rather, they emerge as socio-natural phenomena shaped by political, social, and economic processes. Law plays a pivotal role in producing and sustaining these processes and contributes to the creation of unjust environments. Drawing on political ecology and environmental history, this article analyzes the role of law and its interactions with colonialism and capitalism in the Damodar river valley in Eastern India. The Damodar river valley is an intensely engineered and hazardous region, a site of multiple interventions and developmental and ecological experiments for over a century. Colonial and post-colonial legacies have left a lasting imprint on legal, policy, and institutional frameworks, establishing a path-dependent trajectory for addressing future climate change adaptation challenges. While focusing on a specific case study, the article's approach and findings have broader significance, especially in the context of climate adaptation. The central argument underscores the need to understand the political and legal dimensions of flooding, and reinforces the need for a shift beyond incremental adjustments that do not tackle the underlying structures that produce the injustices associated with floods. It highlights the importance of ‘transformative adaptation’ approaches that address the root causes of climate-related disasters, such as restructuring power relations between actors, reconfiguring governance structures, and scrutinizing ideologies that mediate how water is used and distributed.</p>","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":null,"pages":null},"PeriodicalIF":4.3,"publicationDate":"2024-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140875152","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
Assessing Drifting Fish Aggregating Device (dFAD) Abandonment under International Marine Pollution Law 根据国际海洋污染法评估漂流集鱼装置（dFAD）废弃情况
IF 4.3 1区 社会学
Transnational Environmental Law Pub Date : 2024-05-02 DOI: 10.1017/s2047102524000098
Valentin Schatz
{"title":"Assessing Drifting Fish Aggregating Device (dFAD) Abandonment under International Marine Pollution Law","authors":"Valentin Schatz","doi":"10.1017/s2047102524000098","DOIUrl":"https://doi.org/10.1017/s2047102524000098","url":null,"abstract":"<p>This article asks whether the abandonment of drifting fish aggregating devices (dFADs) is illegal under international marine pollution law. To answer this question, it provides a brief overview of the general international legal framework for the protection of the marine environment as well as specific legal regimes, namely the London Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (LC), its 1996 Protocol (LP), and Annex V of the International Convention for the Prevention of Pollution from Ships (MARPOL). The article concludes that the abandonment of dFADs contravenes the LC/LP and/or, depending on the preferred interpretation, MARPOL Annex V. The decision as to which of the two regimes is applicable depends on whether dFAD abandonment can be classified as ‘incidental to, or derived from the normal operations of vessels … and their equipment’ or not. The negligent loss of dFADs always violates MARPOL Annex V. The article also shows that certain state practice and <span>opinio juris</span> suggests a parallel applicability of the two regimes with respect to deliberate dFAD abandonment. While such a development would ensure more comprehensive coverage of the relevant standards and prohibitions, a clear regulatory decision as to which of the two regimes is the correct one would be preferable from an implementation and enforcement perspective.</p>","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":null,"pages":null},"PeriodicalIF":4.3,"publicationDate":"2024-05-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140819995","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
Intersectional Victims as Agents of Change in International Human Rights-Based Climate Litigation 在基于人权的国际气候诉讼中，作为变革推动者的跨部门受害者
IF 4.3 1区 社会学
Transnational Environmental Law Pub Date : 2024-04-16 DOI: 10.1017/s2047102524000128
Angela Hefti
{"title":"Intersectional Victims as Agents of Change in International Human Rights-Based Climate Litigation","authors":"Angela Hefti","doi":"10.1017/s2047102524000128","DOIUrl":"https://doi.org/10.1017/s2047102524000128","url":null,"abstract":"<p>Climate change uniquely affects those who are at the intersection of several inequalities simultaneously, such as those based on gender, age, and disability. This makes them ‘directly affected’ by climate change, which is crucial in establishing ‘victim status’ under Article 34 of the European Convention on Human Rights. At the same time, as a result of unequal power relations, intersectional victims face exclusion from, or minimal participation in, political decision-making processes concerning climate change. This further justifies their claim to victim status as a matter of procedural climate justice. As agents of change, intersectional victims, namely elderly women and girls with disabilities, can be empowered to contribute to climate decision making, thereby reshaping unjust power relations. The article examines two climate cases currently before the European Court of Human Rights: <span>Verein KlimaSeniorinnen Schweiz and Others</span> v. <span>Switzerland</span>, brought by elderly women, and <span>Duarte Agostinho et al.</span> v. <span>Portugal and 32 other States</span>, brought by children and young people.</p>","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":null,"pages":null},"PeriodicalIF":4.3,"publicationDate":"2024-04-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140557268","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
Carbon Leakage and International Climate Change Law 碳泄漏与国际气候变化法
IF 4.3 1区 社会学
Transnational Environmental Law Pub Date : 2024-04-15 DOI: 10.1017/s2047102524000049
Alice Pirlot
{"title":"Carbon Leakage and International Climate Change Law","authors":"Alice Pirlot","doi":"10.1017/s2047102524000049","DOIUrl":"https://doi.org/10.1017/s2047102524000049","url":null,"abstract":"<p>Carbon leakage – the increase of greenhouse gas emissions in foreign jurisdictions following the introduction of domestic or regional climate mitigation measures – raises key questions in the climate change debate. This includes whether carbon leakage constitutes a threat to the environmental integrity of climate policies and, if so, how this could be mitigated. Through the use of four hypothetical models of international climate change regime, this article argues that international climate change law is a key factor in answering this two-part question. Firstly, the article demonstrates that the architecture of international climate change law affects whether carbon leakage can be considered as undermining the mitigation objective of climate policies. Secondly, it draws attention to the interaction – and potential tension – between carbon leakage prevention measures and international climate change law.</p>","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":null,"pages":null},"PeriodicalIF":4.3,"publicationDate":"2024-04-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140553574","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
Refining Reflexive Environmental Law by Nature and Nurture: Autonomy, Accountability, and Adjustability 通过自然和养育完善反思性环境法：自主性、问责制和可调整性
IF 4.3 1区 社会学
Transnational Environmental Law Pub Date : 2024-04-15 DOI: 10.1017/s2047102524000037
Violet Ross, Lucila de Almeida
{"title":"Refining Reflexive Environmental Law by Nature and Nurture: Autonomy, Accountability, and Adjustability","authors":"Violet Ross, Lucila de Almeida","doi":"10.1017/s2047102524000037","DOIUrl":"https://doi.org/10.1017/s2047102524000037","url":null,"abstract":"<p>Reflexive environmental law (REL) enables an understanding of how law builds potential for private company reflexivity. Reflexivity helps to avoid lock-in, and enhances learning and self-organization to resolve complex sustainability challenges. Thus far, REL theory has excluded traditional command-and-control regulation as a form of REL. This limits the potential of REL to understand how legislation can drive reflexivity and create more effective governance. Our framework expands the definition of REL and sets out six types of regulatory instrument found in legislation that may, or may not, constitute forms of REL. The framework comprises three reflexive drivers – autonomy, accountability, and adjustability – and, under these, eleven REL techniques. Through examples taken from European environmental legislation, we explain the drivers’ relationship with different regulatory instruments. This taxonomy empowers regulators and scholars to understand both the reflexive potential of regulatory instruments and the possibility to make instruments more reflexive in specific contexts.</p>","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":null,"pages":null},"PeriodicalIF":4.3,"publicationDate":"2024-04-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140553581","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
Permanence and Liability: Legal Considerations on the Integration of Carbon Dioxide Removal into the EU Emissions Trading System 永久性与责任：将二氧化碳清除纳入欧盟排放交易体系的法律考量
IF 4.3 1区 社会学
Transnational Environmental Law Pub Date : 2024-03-12 DOI: 10.1017/s2047102524000013
Lukas Schuett
{"title":"Permanence and Liability: Legal Considerations on the Integration of Carbon Dioxide Removal into the EU Emissions Trading System","authors":"Lukas Schuett","doi":"10.1017/s2047102524000013","DOIUrl":"https://doi.org/10.1017/s2047102524000013","url":null,"abstract":"<p>This article examines how carbon dioxide (CO<span>2</span>) removal credits can be integrated into the European Union (EU) Emissions Trading System (ETS), focusing on questions of permanence and climate liability. It identifies challenges within the integration process and analyzes approaches from practice and literature to cultivate learning. These approaches apply different strategies to address the issue of permanence, including temporary credit issuance, granting credits once a certain number of carbon tonne-years have been accumulated, or issuing credits at the beginning of the project period and relying on liability instead. Drawing from the findings of this research, the article presents legal considerations that may inform a proposal for an EU legislative act on the integration of carbon removal credits into the EU ETS. It suggests that only credits issued for permanent CO<span>2</span> removal should be integrated to ensure the environmental integrity of the system. Furthermore, the liability of the project operator should transfer to the Member State under certain conditions to make liability risks more predictable.</p>","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":null,"pages":null},"PeriodicalIF":4.3,"publicationDate":"2024-03-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140114375","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 Illusion of Harmony: Power, Politics, and Distributive Implications of Rights of Nature 和谐的假象：权力、政治与自然权利的分配含义
IF 4.3 1区 社会学
Transnational Environmental Law Pub Date : 2024-03-12 DOI: 10.1017/s2047102523000262
Matthias Petel
{"title":"The Illusion of Harmony: Power, Politics, and Distributive Implications of Rights of Nature","authors":"Matthias Petel","doi":"10.1017/s2047102523000262","DOIUrl":"https://doi.org/10.1017/s2047102523000262","url":null,"abstract":"<p>This article argues that the Rights of Nature (RoN) framework is compatible with various ideological outlooks and political options. As a result, those initiatives may translate into extremely diverse institutional implementations with contrasted outcomes in terms of power distribution. The institutional design of RoN has deep political implications for various social groups who hold conflicting claims over certain territories. Hence, rather than transforming human-nature relations, RoN primarily transform the power relations between human communities. I delve into three conceptual frameworks that could shape the recognition of RoN and explore their respective distributive implications: green colonialism, environmental justice, and the focus on Indigeneity. Through this critical engagement, I wish to warn against the illusion of a post-political ecology where an ecocentric legal declaration would deliver human-nature harmony without deep political battles, social tensions, and economic confrontations. RoN as an abstract notion does not offer a ready-made toolkit to dismantle the legal architecture of fossil capitalism; nor does it provide clear guidance on the distribution of costs and benefits of the green transition.</p>","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":null,"pages":null},"PeriodicalIF":4.3,"publicationDate":"2024-03-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140114374","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 Intersections of Public Rights and Private Rules: An Analysis of Human Rights in Forestry and Fisheries Certification Standards 公共权利与私人规则的交叉：林业和渔业认证标准中的人权分析
IF 4.3 1区 社会学
Transnational Environmental Law Pub Date : 2024-03-11 DOI: 10.1017/s2047102523000250
Sébastien Jodoin, Kasia Johnson
{"title":"The Intersections of Public Rights and Private Rules: An Analysis of Human Rights in Forestry and Fisheries Certification Standards","authors":"Sébastien Jodoin, Kasia Johnson","doi":"10.1017/s2047102523000250","DOIUrl":"https://doi.org/10.1017/s2047102523000250","url":null,"abstract":"<p>This article systematically evaluates whether, how, and to what extent twelve prominent forestry and fisheries certification schemes address human rights in their standards. In line with the broader cross-fertilization of the fields of international human rights and environmental law and policy, our results demonstrate that human rights norms and considerations – primarily Indigenous, labour, and procedural rights – are increasingly reflected in the rulemaking of these schemes. At the same time, our analysis also demonstrates the mixed and underwhelming performance of certification standards in protecting human rights norms, including those relating to women, children, racialized and ethnic minorities, persons with disabilities, Indigenous peoples, workers, 2SLGBTQIA+ communities, and peasants and rural peoples. Through descriptive statistics, we also show that levels of human rights adherence vary significantly across schemes and that standards developed in the forestry sector tend to outperform those for fisheries. Our methodology and results add a new dimension to efforts to assess the stringency, equity, and legitimacy of private authority in the environmental field.</p>","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":null,"pages":null},"PeriodicalIF":4.3,"publicationDate":"2024-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140096868","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
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