Transnational Environmental Law最新文献_第2页

Assessing Antarctic Marine Bioprospecting Governance in the Light of the Biodiversity Beyond National Jurisdiction Agreement: Competence, Comprehensiveness, and Coherence 根据《国家管辖范围外生物多样性协定》评估南极海洋生物勘探治理：能力、全面性和一致性

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2026-06-17 DOI: 10.1017/s2047102526100338

Hope Elizabeth Tracey, Neil Craik

{"title":"Assessing Antarctic Marine Bioprospecting Governance in the Light of the Biodiversity Beyond National Jurisdiction Agreement: Competence, Comprehensiveness, and Coherence","authors":"Hope Elizabeth Tracey, Neil Craik","doi":"10.1017/s2047102526100338","DOIUrl":"https://doi.org/10.1017/s2047102526100338","url":null,"abstract":"This article critically examines the broad claims of the Antarctic Treaty Consultative Parties (ATCPs) that the Antarctic Treaty System (ATS) is the ‘competent’ and ‘comprehensive’ framework for governing marine biodiversity in the area covered by its constituent instruments, implying that the Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ Agreement) is therefore inapplicable within that same area under the ‘not undermine’ clause in its Article 5(2). Focusing on the specific topic of marine bioprospecting governance, our analysis breaks down ‘competence’ into spatial (where the ATS has legal authority to govern) and functional (the activities or subject matter it is empowered to regulate) dimensions and evaluates whether existing competences, as exercised, result in ‘comprehensive’ governance. We find the ATCPs’ claims to be legally and practically unsubstantiated to justify the complete or de facto exclusion of the BBNJ Agreement’s application in the area covered by the constituent instruments of the ATS: the jurisdictional competence of the ATS is fragmented, its functional competence is narrowly confined to the early, in situ dimensions of bioprospecting regulation, and its operational record of governing marine bioprospecting is negligible, relying on generic, non-tailored rules long recognized as inadequate. As such, the Antarctic marine bioprospecting case illustrates that a regime’s exclusionary claims regarding the BBNJ Agreement should be viewed with scepticism. Failing to do so may conceal the very gaps that the BBNJ Agreement was created to address.","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":"3 1","pages":"1-38"},"PeriodicalIF":4.3,"publicationDate":"2026-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"148285735","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

Receding Glaciers, Advancing Law: The Imperative of Using Best Available Science in the Case of Lliuya v. RWE and Beyond 冰川消退，法律进步：在Lliuya诉RWE案及其他案件中使用现有最佳科学的必要性

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2026-06-17 DOI: 10.1017/s2047102526100314

Petra Minnerop, Friederike E.L. Otto

{"title":"Receding Glaciers, Advancing Law: The Imperative of Using Best Available Science in the Case of Lliuya v. RWE and Beyond","authors":"Petra Minnerop, Friederike E.L. Otto","doi":"10.1017/s2047102526100314","DOIUrl":"https://doi.org/10.1017/s2047102526100314","url":null,"abstract":"On 28 May 2025, the Higher Court of Appeal in Hamm (Germany) delivered a pioneering judgment in the case Lliuya v. RWE . The Court confirmed that German private nuisance law was applicable in the transnational context, and that the greenhouse gas emissions of the energy company RWE contributed to climate change and its adverse impacts. Based on the evidence provided, the Court concluded that the normative threshold of ‘imminence’ of a future, first-time property impairment was not reached. This article assesses the Court’s reasoning and the challenges it faced in determining ‘imminence’, considering conflicting scientific evidence. Against the backdrop of a legal and scientific analysis, the article argues that the physical laws underpinning climate change, and the scientific assessments of the Intergovernmental Panel on Climate Change, form a baseline of ‘best available science’ for the legal assessment of climate risks. Case-specific evidence that deviates from this baseline requires careful consideration. Furthermore, the legal interpretation of causally relevant evidence must depend on whether the science provides a qualitative or a quantitative statement.","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":"55 1","pages":"1-28"},"PeriodicalIF":4.3,"publicationDate":"2026-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"148285734","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

Network Interactions and Mutual Dependence in the Global Sustainability Governance System 全球可持续治理体系中的网络互动与相互依存

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2026-06-11 DOI: 10.1017/s2047102526100260

Oren Perez, Ofir Stegmann

{"title":"Network Interactions and Mutual Dependence in the Global Sustainability Governance System","authors":"Oren Perez, Ofir Stegmann","doi":"10.1017/s2047102526100260","DOIUrl":"https://doi.org/10.1017/s2047102526100260","url":null,"abstract":"This article examines the hybrid network structure of the global sustainability governance system, focusing on the evolving relationships between private transnational regulators (PTRs) and intergovernmental organizations (IOs). We argue that a defining feature of this structure is the mutual dependence between PTRs and IOs: PTRs invoke public international law instruments (PILIs) – and, by extension, the authority of the IOs behind them – to bolster their own authority and to enhance the normative force of the standards they promulgate. IOs rely on PTRs to disseminate their norms within corporate settings, thereby strengthening their compliance capacities. This interdependence carries significant synergistic potential. We examine the grounding relationship between PTRs and PILIs/IOs through extensive network analysis based on a specially curated dataset comprising 55 PTRs, 393 private standards, 261 PILIs (including treaties, conventions, and declarations), and 41 IOs. Citation patterns within this network support our thesis. We also offer tentative evidence regarding the second prong of our model and outline directions for future research. Finally, we assess the vulnerabilities of this interdependent structure, highlighting the fragility of the global sustainability legal order in the face of rising nationalism and anti-multilateralist pressures.","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":"72 1","pages":"1-33"},"PeriodicalIF":4.3,"publicationDate":"2026-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"148285736","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

Pursuing Global Conservation Objectives Unilaterally: Lessons from the EU Deforestation Regulation on Designing Measures that Respect the Interests of Third Countries 单方面追求全球保护目标：从欧盟森林砍伐条例中汲取的教训，制定尊重第三国利益的措施

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2026-06-09 DOI: 10.1017/s2047102526100363

Jessica Stubenrauch, Till Markus

引用次数: 0

The Multiple Meanings of ‘Delinking’ and ‘Decoupling’ to Describe Multilateral Access and Benefit-Sharing 描述多边准入和利益分享的“脱钩”和“脱钩”的多重含义

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2026-06-04 DOI: 10.1017/s2047102526100296

Michelle Rourke, Mark Eccleston-Turner, Fran Humphries, Stephanie Switzer, Abbie-Rose Hampton, Charles Lawson

{"title":"The Multiple Meanings of ‘Delinking’ and ‘Decoupling’ to Describe Multilateral Access and Benefit-Sharing","authors":"Michelle Rourke, Mark Eccleston-Turner, Fran Humphries, Stephanie Switzer, Abbie-Rose Hampton, Charles Lawson","doi":"10.1017/s2047102526100296","DOIUrl":"https://doi.org/10.1017/s2047102526100296","url":null,"abstract":"The World Health Organization (WHO) adopted the Pandemic Agreement in May 2025. The contentious Pathogen Access and Benefit-Sharing (PABS) system was incorporated as an Annex, to be negotiated at a later date. Access and benefit-sharing (ABS) was introduced into international environmental law to make access to genetic resources conditional on, or ‘linked’ to, the sharing of benefits associated with using those resources. The negotiation for a multilateral PABS system represents a continuation of more than 30 years of ABS discussions, negotiations, diplomacy, and scholarly literature in international environmental law. This article takes a closer look at the term ‘delinking’, which was frequently used in the three years of negotiations for the Pandemic Agreement. We find that the terms ‘delinking’ and ‘decoupling’ have been used interchangeably to refer to at least three different scenarios in the operationalization of multilateral ABS models: where the country of origin of the materials is not necessarily the recipient of benefits; where the type and quantity of benefits are not linked to the use of a specific sample of genetic resources, or in situations that combine these two models. We propose an ‘ABS Modalities Spectrum’ as a useful tool for assessing ‘delinking’ proposals. Our analysis serves as a reminder to WHO member states about to embark on negotiations for the PABS Annex that multilateral ABS systems exist on a spectrum, and do not have to default to the contract-based multilateral models that have been favoured to date.","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":"16 1","pages":"1-31"},"PeriodicalIF":4.3,"publicationDate":"2026-06-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"148285738","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

In Defence of Environmental Target Laws 为环境目标法辩护

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2026-05-21 DOI: 10.1017/s2047102526100326

Veerle Heyvaert

{"title":"In Defence of Environmental Target Laws","authors":"Veerle Heyvaert","doi":"10.1017/s2047102526100326","DOIUrl":"https://doi.org/10.1017/s2047102526100326","url":null,"abstract":"This article argues that an emerging body of ‘target laws’ – legislation that incorporates binding, quantified environmental targets with specified deadlines – represents a crucial evolution in environmental governance. Whereas traditional environmental risk regulation was valuable for managing discrete environmental impacts, it has proven inadequate to address systemic challenges like climate breakdown and ecosystem collapse. Target laws, by contrast, are better equipped to deliver the transformative change needed to respond to systemic threats. Drawing on examples from climate legislation and the European Union’s Nature Restoration Law, the analysis demonstrates how target laws can overcome environmental law’s persistent vulnerabilities to short-termism, marginalization, and public obscurity. However, targets are paradoxical entities that inject considerable complexity into legal frameworks, creating novel challenges around temporality, legal status, implementation, and enforceability. While acknowledging these formidable difficulties, the article contends that target laws merit vigorous defence as they offer environmental legislation unprecedented dynamism, resilience, and transformative potential.","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":"29 1","pages":"1-27"},"PeriodicalIF":4.3,"publicationDate":"2026-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"148285739","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

Value Chain Due Diligence and the Identification and Assessment of Adverse Environmental Impacts in the Practice of National Contact Points of the OECD 价值链尽职调查与经合组织国家接触点实践中不利环境影响的识别和评估

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2026-05-11 DOI: 10.1017/s2047102526100302

João Teixeira de Freitas

{"title":"Value Chain Due Diligence and the Identification and Assessment of Adverse Environmental Impacts in the Practice of National Contact Points of the OECD","authors":"João Teixeira de Freitas","doi":"10.1017/s2047102526100302","DOIUrl":"https://doi.org/10.1017/s2047102526100302","url":null,"abstract":"This article examines how the identification and assessment (I&A) of adverse environmental impacts (AEI) within corporate value-chain due diligence (VCDD) norms under the Guidelines of the Organisation for Economic Co-operation and Development (OECD) is normatively designed, and how it can be distinguished from similar legal requirements that already bind corporations to perform environmental impact assessments (EIAs). Through a systematic analysis of specific instances of National Contact Points (NCPs), the article investigates how these expectations have been interpreted and applied in practice in environmental disputes raising claims concerning the I&A due diligence stage. The findings highlight inconsistencies in how NCPs handle such claims and showcase the interpretative divergences concerning the ways in which they perceive the interplay between these VCDD expectations and other host-state legal requirements that bind corporations to conduct assessments of environmental impacts. Based on the analysis, the article then reflects on the specificities of I&A expectations, as well as on avenues for future research. The research argues that VCDD requirements for corporations to identify and assess adverse environmental impacts should be interpreted as setting independent normative commands that warrant a specific compliance assessment. The article concludes by issuing recommendations concerning the ways in which I&A expectations should be interpreted in practice to avoid blurring the boundaries between two distinct layers of home- and host-state regulation.","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":"40 1","pages":"1-23"},"PeriodicalIF":4.3,"publicationDate":"2026-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"148285740","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

River Rights and the Territorial Autonomy of Indigenous and Ethnic Communities in Ecuador and Colombia: Within and Beyond the Courtroom 厄瓜多尔和哥伦比亚土著和族裔社区的河流权利和领土自治：法庭内外

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2026-05-05 DOI: 10.1017/s204710252510023x

Elizabeth Macpherson, Julia Guadalupe Torres Ventura

{"title":"River Rights and the Territorial Autonomy of Indigenous and Ethnic Communities in Ecuador and Colombia: Within and Beyond the Courtroom","authors":"Elizabeth Macpherson, Julia Guadalupe Torres Ventura","doi":"10.1017/s204710252510023x","DOIUrl":"https://doi.org/10.1017/s204710252510023x","url":null,"abstract":"Across multiple jurisdictions, Indigenous and ethnic communities have sought recognition and protection of the legal rights of rivers as part of broader activist agendas seeking greater legal and political control over their lands and resources. Yet the legal scholarship tracing these cases of ‘river rights’ has often ignored the role of activism in driving and shaping river rights frameworks, as well as the broader implications of these frameworks for community activist agendas. In this article, we examine two legal cases in which Indigenous and Afrodescendent peoples have used legal and extralegal strategies to secure protection for the rights of rivers: for the Piatúa River in Ecuador and the Atrato River in Colombia. In both cases, we find that communities are strategically leveraging river rights frameworks, alongside constitutional and human rights protections, to assert and enhance their territorial autonomy. While the project of recuperating territorial autonomy is incomplete in both cases, our comparative analysis confirms that these cases should be seen as incremental steps in a broader project of transforming community relationships with government institutions, local authorities, and the courts, enabling more pluralist territorial governance to emerge over time.","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":"10 1","pages":"1-30"},"PeriodicalIF":4.3,"publicationDate":"2026-05-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"148285757","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

(Sustainable) Development, Environment, and the Relational ‘Third Space’: Lessons from Aotearoa New Zealand’s Fast-track Approvals Act （可持续）发展、环境和相关的“第三空间”：来自新西兰快速审批法案的经验教训

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2026-04-28 DOI: 10.1017/s2047102526100259

Elizabeth Macpherson, Rachael Mortiaux

{"title":"(Sustainable) Development, Environment, and the Relational ‘Third Space’: Lessons from Aotearoa New Zealand’s Fast-track Approvals Act","authors":"Elizabeth Macpherson, Rachael Mortiaux","doi":"10.1017/s2047102526100259","DOIUrl":"https://doi.org/10.1017/s2047102526100259","url":null,"abstract":"Policymakers often cite a need to balance, or trade off, the protection and restoration of the natural environment on the one hand, and the extractive use of the environment for economic reasons on the other. This tension is inherent in the goal of ‘sustainable development’, which, despite providing a conceptual basis for Western environmental and conservation law, has also been criticized for legitimizing socio-ecologically destructive practices. This tension comes to the fore in the New Zealand government’s Fast-track Approvals Act 2024, which, to prioritize economic development interests, circumvents prior environmental and conservation law safeguards, as well as constitutional protection for the rights of Indigenous Māori. We undertook a contextual legal analysis of the fast-track legislation, demonstrating how it works to undermine conservation outcomes and Indigenous rights. Our findings hold particular significance for scholarly and policy debates about transnational environmental law, especially the contribution of Indigenous knowledge and law in a multi-level governance context. We argue that centring relationality in environmental law frameworks might help to shift away from binary approaches to environmental law, which trade off economic versus environmental and cultural interests.","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":"3 1","pages":""},"PeriodicalIF":4.3,"publicationDate":"2026-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147752674","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 for Just Ecological Restoration: A Critical Analysis of the EU Nature Restoration Regulation 争取公正的生态恢复：对欧盟自然恢复条例的批判性分析

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2026-04-27 DOI: 10.1017/s2047102526100247

Eleonora Ciscato, Matilde Meertens

引用次数: 0