Transnational Environmental Law最新文献

{"title":"Softness in the Law of International Watercourses: The (E)merging Normativities of China's Lancang-Mekong Cooperation","authors":"David J. Devlaeminck","doi":"10.1017/S2047102522000097","DOIUrl":"https://doi.org/10.1017/S2047102522000097","url":null,"abstract":"Abstract The law of international watercourses consists mainly of a series of bilateral, multilateral, regional, and global agreements that establish binding rules through which state parties jointly manage transboundary water resources. China similarly manages its shared freshwaters through a series of bilateral agreements. Increasingly, however, it relies on non-binding soft law instruments to manage these resources with its riparian neighbours. An important example of this is the Lancang-Mekong Cooperation, a branch of the Belt and Road Initiative. Its use of soft instruments, which recognize international law and promote projects, displays evidence of merging and emerging normativities, ensuring that it is capable of playing both a supporting and a developmental role in the law of international watercourses.","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":"11 1","pages":"357 - 380"},"PeriodicalIF":4.3,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45888768","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}

{"title":"TEL volume 11 issue 1 Cover and Front matter","authors":"J. Zeben, Natasha A. Affolder, G. Calster","doi":"10.1017/s2047102522000140","DOIUrl":"https://doi.org/10.1017/s2047102522000140","url":null,"abstract":"","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":"11 1","pages":"f1 - f4"},"PeriodicalIF":4.3,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46013395","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}

{"title":"TEL volume 11 issue 1 Cover and Back matter","authors":"","doi":"10.1017/s2047102522000152","DOIUrl":"https://doi.org/10.1017/s2047102522000152","url":null,"abstract":"","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":"11 1","pages":"b1 - b2"},"PeriodicalIF":4.3,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46099947","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}

{"title":"Crossing (Conceptual) Boundaries of Transnational Environmental Law","authors":"T. Etty, Josephine A. W. van Zeben, C. Carlarne, Leslie‐Anne Duvic‐Paoli, Bruce R. Huber, Anna Huggins","doi":"10.1017/S2047102522000115","DOIUrl":"https://doi.org/10.1017/S2047102522000115","url":null,"abstract":"The case comment reflects on the 2019 decision of the Constitutional Court of Basel-Stadt, which ruled that citizens should be allowed to vote on whether to ‘expand the circle of rights holders beyond the anthropological barrier’,23 and the subsequent decision of the Swiss Federal Supreme Court to uphold the validity of the citizens’ initiative.24 Blattner and Fasel explain why including rights for non-human primates in a cantonal constitution could add value to their protection in comparison with the traditional animal welfare protection measures.25 While acknowledging that the change of law advocated by the initiative might have limited practical implications, they posit that the mere symbolism of the initiative is worthwhile.26 These two decisions form part of a recent judicial trend of challenging the absence of basic rights for non-human beings.27 However, it emerges from the case comment that these decisions are particularly original in three ways. [...]the courts addressed, possibly for the first time, the relationship between animal rights and federalism in order to evaluate whether the primate rights initiative would be inconsistent with federal law. The courts responded in the negative, finding that while the Swiss Civil Code precludes animals from having fundamental rights, the initiative sought to reform Swiss public law to alter the relationship between individuals and the state: as a result, cantons were free to extend rights to non-human animals.28 Secondly, the decision of the Federal Supreme Court departed from existing animal rights scholarship, which concentrates on the overlaps between human and animal rights. [...]it declared that the initiative ‘does not aim to extend existing human constitutional rights to animals, but instead seeks to create special fundamental rights for non-human primates’.29 Thirdly, the case resulted in an important opportunity for citizens to participate in lawmaking processes as it paved the way for ‘the first ever direct democratic vote on whether some non-human animals should be granted basic rights to life and to bodily and mental integrity’.30 While the two contributions adopt a different starting point – one grounded in a theoretical exercise, the other in the commentary of a judicial decision – they nevertheless converge in their claims that our legal systems need to be reconceptualized to better account for the non-human in our worlds. 3.","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":"11 1","pages":"1 - 11"},"PeriodicalIF":4.3,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43355749","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}

{"title":"The Ecological Constitution: Reframing Environmental Law, by Lynda Collins Routledge, 2021, 140 pp, £44.99 hb, £16.99 ebk ISBN 9780367228729 hb, 9780429277320 ebk","authors":"Hannah Blitzer","doi":"10.1017/S2047102522000012","DOIUrl":"https://doi.org/10.1017/S2047102522000012","url":null,"abstract":"","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":"11 1","pages":"215 - 218"},"PeriodicalIF":4.3,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45507672","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}

{"title":"Protecting the Third Pole: Transplanting International Law, by Simon Marsden Edward Elgar, 2019, 328 pp, £95 hb ISBN 9781786437402 hb","authors":"M. Khan","doi":"10.1017/S2047102522000024","DOIUrl":"https://doi.org/10.1017/S2047102522000024","url":null,"abstract":"","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":"11 1","pages":"218 - 221"},"PeriodicalIF":4.3,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43273862","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}

{"title":"Towards a Methodology for Specifying States’ Mitigation Obligations in Line with the Equity Principle and Best Available Science","authors":"Violetta Ritz","doi":"10.1017/S2047102521000327","DOIUrl":"https://doi.org/10.1017/S2047102521000327","url":null,"abstract":"Abstract This article argues that an improved legal methodology is needed to ensure that states’ greenhouse gas emissions mitigation obligations are specified in line with best available science and the equity principle. In this vein, the article explores the extent to which the ‘meta-equity assessment’ of states’ emissions by the Climate Action Tracker (CAT) can contribute to this aim. The article finds that the CAT's PRIMAP Equity tool, embedded in the Potsdam Real-time Integrated Model for the probabilistic Assessment of emission Paths, offers the best available approach to distributing a global carbon budget among states in line with equity criteria recognized by the Intergovernmental Panel on Climate Change. The emissions data and global pathways used in the PRIMAP Equity tool can be updated. The major challenge ahead lies in understanding which of the emissions and temperature pathways can be applied in the legal context, and how.","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":"12 1","pages":"95 - 120"},"PeriodicalIF":4.3,"publicationDate":"2022-02-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48177594","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}

{"title":"Re-imagining the Making of Climate Law and Policy in Citizens’ Assemblies","authors":"Leslie‐Anne Duvic‐Paoli","doi":"10.1017/S2047102521000339","DOIUrl":"https://doi.org/10.1017/S2047102521000339","url":null,"abstract":"Abstract In recent years, climate citizens’ assemblies – randomly selected representative citizens gathered to make policy recommendations on greenhouse gas emissions targets – have gained in popularity as a potential innovative solution to the failure of governments to design and adopt ambitious climate change laws and policies. This article appraises the process and outcomes of three climate citizens’ assemblies held at the national level – in Ireland, France and the United Kingdom – and evaluates their contributions to the making of climate law and policy. In doing so, it first looks at whether citizens’ assemblies have the ability to improve the substance of climate law and suggests that they face difficulties in providing an integrated, holistic response to the climate problem. It then explores how citizens’ assemblies have fed into subsequent legislative processes to show their positive influence and draws lessons for our understanding of the role of citizens’ assemblies in climate lawmaking.","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":"11 1","pages":"235 - 261"},"PeriodicalIF":4.3,"publicationDate":"2022-01-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47133924","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}

{"title":"The Third Pillar of International Climate Change Policy: On ‘Loss and Damage’ after the Paris Agreement, edited by Morten Broberg and Beatriz Martinez Romera Routledge, 2021, 134 pp, £120 hb, £44.99 ebk ISBN 9780367676681 hb, 9781003132271 ebk","authors":"Melissa Powers","doi":"10.1017/s2047102521000297","DOIUrl":"https://doi.org/10.1017/s2047102521000297","url":null,"abstract":"To the extent that there was still any doubt, the climate-related disasters of 2020 and 2021 – including historical wildfires, unprecedented heatwaves, massive flooding, extended droughts, and rapid melting of ice sheets – unequivocally demonstrate that it is too late to avoid some consequences associated with climate change. While it remains essential to pursue ambitious climate mitigation and adaptation, we can neither prevent nor adapt to some forms of climate-related harm. Developing countries, many of which bear only minimal responsibility for emitting greenhouse gases, are likely to suffer the greatest losses and have the least ability to recover without assistance. Recognizing this injustice, the Association of Small-Island States (AOSIS) and developing countries have long advocated the inclusion of a loss-and-damage mechanism in international climate policy. In 1991, during the negotiations for the United Nations Framework Convention on Climate Change (UNFCCC), AOSIS proposed that developed countries create and finance a global insurance policy to cover climate-related loss and damage. After decades of advocacy, loss and damage were finally incorporated into the international climate regime, firstly, through the establishment of the Warsaw International Mechanism for Loss and Damage (WIM) in 2013 and then through Article 8 of the Paris Agreement, a dedicated loss-and-damage provision that emphasizes ‘the importance of averting, minimizing and addressing loss and damage associated with the adverse effects of climate change’. Only a year after adopting","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":"10 1","pages":"575 - 578"},"PeriodicalIF":4.3,"publicationDate":"2021-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44073058","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}

{"title":"Environmental Law as a Transnational Ecosystem","authors":"Veerle Heyvaert","doi":"10.1017/S2047102521000315","DOIUrl":"https://doi.org/10.1017/S2047102521000315","url":null,"abstract":"This editorial marks the tenth anniversary of Transnational Environmental Law (TEL) and the culmination ofmy time as one of its founding Editors-in-Chief. I am grateful for the opportunity to reflect on key developments in environmental law, on the impressive expansion of transnational environmental legal scholarship, and on the significance and strength of our community of environmental legal scholars.","PeriodicalId":45716,"journal":{"name":"Transnational Environmental Law","volume":"10 1","pages":"401 - 411"},"PeriodicalIF":4.3,"publicationDate":"2021-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48274443","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}