Transnational Environmental Law最新文献_第3页

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":"This article examines how carbon dioxide (CO2) 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 CO2 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.","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":"41 1","pages":""},"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":"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.","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":"19 1","pages":""},"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":"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.","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":"89 1","pages":""},"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

Towards a Non-Use Regime on Solar Geoengineering: Lessons from International Law and Governance 建立太阳能地球工程非使用制度：国际法和治理的经验教训

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2024-02-27 DOI: 10.1017/s2047102524000050

Aarti Gupta, Frank Biermann, Ellinore van Driel, Nadia Bernaz, Dhanasree Jayaram, Rakhyun E. Kim, Louis J. Kotzé, Dana Ruddigkeit, Stacy D. VanDeveer, Margaretha Wewerinke-Singh

{"title":"Towards a Non-Use Regime on Solar Geoengineering: Lessons from International Law and Governance","authors":"Aarti Gupta, Frank Biermann, Ellinore van Driel, Nadia Bernaz, Dhanasree Jayaram, Rakhyun E. Kim, Louis J. Kotzé, Dana Ruddigkeit, Stacy D. VanDeveer, Margaretha Wewerinke-Singh","doi":"10.1017/s2047102524000050","DOIUrl":"https://doi.org/10.1017/s2047102524000050","url":null,"abstract":"In recent years, some scientists have called for research into and potential development of ‘solar geoengineering’ technologies as an option to counter global warming. Solar geoengineering refers to a set of speculative techniques to reflect some incoming sunlight back into space, for example, by continuously spraying reflective sulphur aerosols into the stratosphere over several generations. Because of the significant ecological, social, and political risks posed by such technologies, many scholars and civil society organizations have urged governments to take action to prohibit the development and deployment of solar geoengineering techniques. In this article we take such calls for a prohibitory or a non-use regime on solar geoengineering as a starting point to examine existing international law and governance precedents that could guide the development of such a regime. The precedents we examine include international prohibitory and restrictive regimes that impose bans or restrictions on chemical weapons, biological weapons, weather modification technologies, anti-personnel landmines, substances that deplete the ozone layer, trade in hazardous wastes, deep seabed mining, and mining in Antarctica. We also assess emerging norms and soft law in anticipatory governance of novel technologies, such as human cloning and gene editing. While there is no blueprint for a solar geoengineering non-use regime in international law, our analysis points to numerous specific elements on which governments could draw to constrain or impose an outright prohibition on the development of technologies for solar geoengineering, should they opt to do so.","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":"256 1","pages":""},"PeriodicalIF":4.3,"publicationDate":"2024-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139976766","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

Adapting Hydropower to European Union Water Law: Flexible Governance versus Legal Effectiveness in Sweden and Finland 使水电适应欧盟水法：瑞典和芬兰的灵活治理与法律效力

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2024-02-13 DOI: 10.1017/s2047102523000249

Suvi-Tuuli Puharinen, Antti Belinskij, Niko Soininen

{"title":"Adapting Hydropower to European Union Water Law: Flexible Governance versus Legal Effectiveness in Sweden and Finland","authors":"Suvi-Tuuli Puharinen, Antti Belinskij, Niko Soininen","doi":"10.1017/s2047102523000249","DOIUrl":"https://doi.org/10.1017/s2047102523000249","url":null,"abstract":"In both Sweden and Finland, water law has traditionally provided strong protection for hydropower operations by issuing permanent environmental licences. This national protection has started to erode as a result of the requirement of the European Union (EU) Water Framework Directive (WFD) for permit reviews to improve the ecological status of rivers. In the light of this dynamic between European and national frameworks, this article compares the Swedish and Finnish implementation of the WFD regarding existing hydropower operations. Whereas Sweden has adopted comprehensive legislative and policy reforms that embrace a systemic perspective on reconciling hydropower with the current societal and ecological circumstances, Finland has relied on bottom-up collaborative processes at the grassroots level. The article shows that both approaches are problematic in so far as they push the boundaries of proper implementation of the WFD and, by extension, the achievement of the ecological objectives of the WFD in waters affected by hydropower. Our comparison highlights tensions between EU law requirements for formal legal effectiveness in national implementation, and the WFD's aspirations for adaptive river basin-based governance.","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":"7 1","pages":""},"PeriodicalIF":4.3,"publicationDate":"2024-02-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139750310","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

Measuring It, Managing It, Fixing It? Data and Rights in Transnational and Local Climate Change Governance 测量、管理、修复？跨国和地方气候变化治理中的数据与权利

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2024-02-06 DOI: 10.1017/s2047102523000213

Laura Mai

{"title":"Measuring It, Managing It, Fixing It? Data and Rights in Transnational and Local Climate Change Governance","authors":"Laura Mai","doi":"10.1017/s2047102523000213","DOIUrl":"https://doi.org/10.1017/s2047102523000213","url":null,"abstract":"The Paris Agreement, related intergovernmental decisions, and transnational climate change governance initiatives mobilize data as a means of measuring, managing, and addressing changing climatic conditions. At the same time, the Paris Agreement formally acknowledges the human rights implications of the unfolding climate crisis. Given the reliance on data and rights in climate change governance, the aim of this article is twofold. Firstly, it analyzes how processes of datafication at transnational and local levels promise, yet struggle, to render the climate governable. Secondly, the article critically reflects on the capacity of human rights to complement datafied governance processes meaningfully – specifically, in what ways rights can (and cannot) alleviate local concerns regarding datafication. Methodologically, the article develops a perspective that foregrounds situated sense-making and experience in place. It is based on an empirical case study of the Global Covenant of Mayors for Climate & Energy, a transnational alliance of cities that have committed to working towards the goals of the Paris Agreement; and it engages with ethnographic literature that conceptualizes rights as lived forms of meaning-making, articulation, struggle, and resistance. Attending to place, the article confronts problematic assumptions about the universality, neutrality, and representativeness of data and rights, raising critical questions about their capacity to ‘govern’ climate change.","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":"14 1","pages":""},"PeriodicalIF":4.3,"publicationDate":"2024-02-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139695965","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

Rights of Nature on the Island of Ireland: Origins, Drivers, and Implications for Future Rights of Nature Movements 爱尔兰岛上的自然权利：爱尔兰岛的自然权利：起源、驱动因素及对未来自然权利运动的影响

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2024-01-18 DOI: 10.1017/s2047102523000201

Rachel Killean, Jérémie Gilbert, Peter Doran

引用次数: 0

A Rights Turn in Biodiversity Litigation? 生物多样性诉讼的权利转向?

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2023-12-07 DOI: 10.1017/s2047102523000171

César Rodríguez-Garavito, David R. Boyd

引用次数: 0

The Rising Tide of Rights: Addressing Climate Loss and Damage through Rights-Based Litigation 兴起的权利浪潮:通过权利诉讼解决气候损失和损害

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2023-12-07 DOI: 10.1017/s2047102523000183

Margaretha Wewerinke-Singh

引用次数: 0

Creating Synergies between International Law and Rights of Nature 创造国际法与自然权利之间的协同效应

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2023-12-07 DOI: 10.1017/s2047102523000195

Jérémie Gilbert

{"title":"Creating Synergies between International Law and Rights of Nature","authors":"Jérémie Gilbert","doi":"10.1017/s2047102523000195","DOIUrl":"https://doi.org/10.1017/s2047102523000195","url":null,"abstract":"Against the backdrop of failing environmental governance, rights of nature (RoN) are lauded as the paradigm shift needed to transform law's approach to nature. RoN have been increasingly proclaimed at the domestic level but remain mostly absent from international law. As examined in this article, this is notably as a result of some profound incompatibilities between international law and RoN, including the fact that most international treaties approach nature as a resource to be owned, exploited or protected for the sake of humans. However, despite this dominant approach to nature, some areas of international law, notably under the leadership of Indigenous peoples, are starting to acknowledge a more relational approach to nature, putting forward concepts of care, kinship, and representation of nature in international law. Building on these developments, this article offers a reflection on potential synergies between RoN and international law, specifically by changing the latter's approach to nature. It argues that some of the RoN concepts concerning duty of care, institutional representation of nature's voice, and ecocentrism could serve as a platform to reinterpret some of the anthropocentric principles of international law, creating some potential synergies between RoN and international law.","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":"11 1","pages":""},"PeriodicalIF":4.3,"publicationDate":"2023-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138544819","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