Transnational Environmental Law最新文献_第6页

Agricultural Exceptionalism in the Climate Change Treaties 气候变化条约中的农业例外主义

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2023-01-11 DOI: 10.1017/S2047102522000437

A. Zahar

引用次数: 0

Transversal Harm, Regulation, and the Tolerance of Oil Disasters 石油灾害的横向危害、管制和容忍

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2022-11-23 DOI: 10.1017/S2047102522000346

Andreas Kotsakis, A. Boukli

引用次数: 0

‘For You Will (Still) Be Here Tomorrow’: The Many Lives of Intergenerational Equity “因为你明天会（仍然）在这里”：代际公平的许多生命

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2022-11-09 DOI: 10.1017/S2047102522000395

D. Bertram

{"title":"‘For You Will (Still) Be Here Tomorrow’: The Many Lives of Intergenerational Equity","authors":"D. Bertram","doi":"10.1017/S2047102522000395","DOIUrl":"https://doi.org/10.1017/S2047102522000395","url":null,"abstract":"Abstract This article traces the various legal incarnations of the intergenerational equity principle. Despite its silent proliferation in international and constitutional laws over the past five decades, the principle dwelled mostly at the margins of inquiry and practice. Recent efforts to counteract global warming have allowed intergenerational claims to gain new traction. Building on a comparison of ten climate-related lawsuits, I analyze the latest advances in the representation, conceptualization, and remediation of future generations’ interests. Against the backdrop of growing willingness to engage with intergenerational disputes, legal decision makers will need to confront two thorny challenges going forward. Firstly, evolving doctrines of extraterritoriality and legal subjecthood increasingly require the protective scope of the principle to extend to foreign citizens and non-human persons. Secondly, awareness of dispersed and interlocked long-term risks may trigger the application of intergenerational doctrines beyond a narrow environmental frame. Grappling with these challenges implicates larger reflections about the role of law in contriving our collective future.","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":null,"pages":null},"PeriodicalIF":4.3,"publicationDate":"2022-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45755524","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: 1

The Latent Potential of Cumulative Effects Concepts in National and International Environmental Impact Assessment Regimes 国家和国际环境影响评估制度中累积效应概念的潜在潜力

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2022-11-02 DOI: 10.1017/S2047102522000243

Rebecca Nelson, L. Shirley

{"title":"The Latent Potential of Cumulative Effects Concepts in National and International Environmental Impact Assessment Regimes","authors":"Rebecca Nelson, L. Shirley","doi":"10.1017/S2047102522000243","DOIUrl":"https://doi.org/10.1017/S2047102522000243","url":null,"abstract":"Abstract Most modern-day environmental issues are caused by the complex aggregation and interaction of numerous actions contributing to large-scale problems, from biodiversity loss to climate change. Environmental impact assessments (EIAs) consider how projects contribute to these cumulative environmental problems. This article firstly evaluates the theoretical importance of cumulative effects concepts for EIA. It reveals their potential to spotlight values embedded in decision making and to illuminate, as a lighthouse would, types of harm from broad-ranging, typically unregulated, activities. A large-scale global survey of national EIA laws and multilateral environmental agreements then shows that cumulative effects concepts are legally relevant for most national EIA frameworks. This prevalence suggests that better implementation of cumulative effects provisions may help EIA law to deliver more significant benefits than previously appreciated. Evaluating a sample of EIA provisions shows that cumulative effects concepts can contribute to different stages of an EIA, but that using these concepts across all EIA stages would maximize their potential to achieve the theoretical benefits identified. From theoretical and practical legal perspectives, cumulative effects concepts have significant latent potential – perhaps transformational potential – to address cumulative environmental change through EIA regimes at national and international levels. However, without better implementation, the latent potential of these laws to address cumulative environmental problems is likely to remain unrealized. By shedding light on the extent of national and international legal frameworks that adopt cumulative effects concepts, and their differences, this article highlights the significant learning potential between legal regimes to aid improved implementation.","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":null,"pages":null},"PeriodicalIF":4.3,"publicationDate":"2022-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48551630","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

TEL volume 11 issue 3 Cover and Front matter TEL第11卷第3期封面和封面

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2022-11-01 DOI: 10.1017/S2047102522000413

J. Zeben, Natasha A. Affolder, G. Calster

引用次数: 0

Private Rights of Nature 自然私权

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2022-11-01 DOI: 10.1017/S2047102522000401

Laura Burgers

{"title":"Private Rights of Nature","authors":"Laura Burgers","doi":"10.1017/S2047102522000401","DOIUrl":"https://doi.org/10.1017/S2047102522000401","url":null,"abstract":"Abstract The Rights of Nature concept not only breaks with the anthropocentrism of existing (environmental) law; it also recognizes that nature has private interests, in addition to being of public interest. That is, whereas in classic sustainability thinking, the use of certain resources is allowed as long as public interests are not systematically/systemically harmed, rights of nature facilitate the protection of nature before planetary boundaries are transgressed. This recognition of nature as having private interests enables the framing of disagreements around ‘nature’ as matters of corrective justice, which renders the application of private legal doctrines more easily conceivable and arguably even necessary. The contributions to this Symposium Collection showcase the viability of the intersection of private law and rights of nature. Firstly, it is necessary to research how existing private law will influence the effectiveness of rights of nature. Such an exercise is undertaken by Björn Hoops, who carefully assesses what rights for the German Black Forest would mean in terms of German constitutional property law. The mirror image of this approach is to explore what impact Rights of Nature will have on private law. Such an approach is taken by Alex Putzer and co-authors in their article on the transformation of land-ownership regimes after the introduction of Rights of Nature in Ecuador and Uganda. A third line of scholarship assesses the significance of Rights of Nature for private law theory: Visa Kurki proposes a new concept of legal personhood, prompting us to think through the meaning of statements like ‘a river is a legal person’.","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":null,"pages":null},"PeriodicalIF":4.3,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48371087","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

TEL volume 11 issue 3 Cover and Back matter TEL第11卷第3期封面和封底

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2022-11-01 DOI: 10.1017/s2047102522000425

引用次数: 0

Regulating Transnational Sustainability Regimes, by Enrico Partiti Cambridge University Press, 2022, 256 pp, £85 hb, US$88 ebk ISBN 9781108837576 hb, 9781108944687 ebk 《规范跨国可持续发展制度》，恩里科·帕蒂著，剑桥大学出版社，2022年，256页，85磅，88美元，ISBN 9781108837576磅，9781108944687 ebk

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2022-11-01 DOI: 10.1017/S2047102522000371

G. Auld

引用次数: 0

The Possibility of Radical Change in Transnational Environmental Law 跨国环境法彻底变革的可能性

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2022-11-01 DOI: 10.1017/S2047102522000383

T. Etty, Josephine A. W. van Zeben, C. Carlarne, Leslie‐Anne Duvic‐Paoli, Bruce R. Huber, Anna Huggins

引用次数: 0

What If the Black Forest Owned Itself? A Constitutional Property Law Perspective on Rights of Nature 如果黑森林拥有自己呢?宪法物权法视角下的物权

IF 4.3 1区社会学

Transnational Environmental Law Pub Date : 2022-09-20 DOI: 10.1017/S2047102522000322

Björn Hoops

{"title":"What If the Black Forest Owned Itself? A Constitutional Property Law Perspective on Rights of Nature","authors":"Björn Hoops","doi":"10.1017/S2047102522000322","DOIUrl":"https://doi.org/10.1017/S2047102522000322","url":null,"abstract":"Abstract Ownership has been a key tool in the exploitation of nature for centuries. However, ownership could also shield natural entities from extraction and pollution if it were vested in them, rather than in humans or corporations. Through a case study of German constitutional property law, this article examines the normative content of this constitutional right. It argues that in owning themselves, natural entities would have numerous tools to fend off human interference with their self-determination. Constitutional property law would require any harmful activity affecting the natural entity to be based upon legislation and necessary to achieve a public purpose. The natural entity would enjoy broader access to justice. Courts would also often award appropriate remedies; where the natural entity would be awarded only compensation, this would be unsatisfactory because money cannot replace nature. The article finds that constitutional property law offers the potential for further protection from human interference, which has not been realized because of anthropocentric value judgments prevalent in German legal doctrine. Ecocentric approaches to ownership and invalidity as a standard remedy would play an important role in unlocking the full potential of ownership for environmental protection.","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":null,"pages":null},"PeriodicalIF":4.3,"publicationDate":"2022-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49055023","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: 1