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In search of a sustainable future: A comparative assessment of climate change regimes in Nigeria and Kenya 寻找可持续的未来：尼日利亚和肯尼亚气候变化制度的比较评估
IF 2.3 3区 社会学
Review of European Comparative & International Environmental Law Pub Date : 2024-04-11 DOI: 10.1111/reel.12545
Pontian Okoli, Etisang Abraham
{"title":"In search of a sustainable future: A comparative assessment of climate change regimes in Nigeria and Kenya","authors":"Pontian Okoli, Etisang Abraham","doi":"10.1111/reel.12545","DOIUrl":"https://doi.org/10.1111/reel.12545","url":null,"abstract":"Climate change has caused significant hardship in sub‐Saharan Africa. As a result, Kenya and Nigeria now have statutes that focus on climate change mitigation and adaptation. Both countries are also parties to the Paris Agreement. The Kenyan Climate Change Act (2016) and the Nigerian Climate Change Act (2021) are similar in terms of their design and overarching aims. Meanwhile, certain pivotal statutory provisions in both statutes are inconsistent with their overarching aims of enhancing appropriate responses to climate change. There is considerable scope for access to justice to be enhanced in the Kenyan and Nigerian statutes. Further, despite their similarities, the divergent approaches of the statutes undermine regional coherence. Such coherence is critical to effectively addressing climate change because both regional powers face similar vulnerabilities with respect to climate change and socio‐economic challenges. This article, therefore, undertakes a comparative analysis of the Kenyan and Nigerian legal regimes in two key respects, namely, (1) institutional structures and how they impact corruption and (2) accessing justice in the context of climate litigation. The Nigerian regime is behind that of Kenya in both regards. The article concludes by examining how the Aarhus Convention and the International Access to Justice Convention can help to fill any statutory gaps concerning access to justice.","PeriodicalId":51681,"journal":{"name":"Review of European Comparative & International Environmental Law","volume":null,"pages":null},"PeriodicalIF":2.3,"publicationDate":"2024-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140563533","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"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
Behavioural instruments in environmental law and policy: Potential and challenges 环境法律和政策中的行为工具：潜力与挑战
IF 2.3 3区 社会学
Review of European Comparative & International Environmental Law Pub Date : 2024-04-09 DOI: 10.1111/reel.12541
Yayun Shen, Michael Faure
{"title":"Behavioural instruments in environmental law and policy: Potential and challenges","authors":"Yayun Shen, Michael Faure","doi":"10.1111/reel.12541","DOIUrl":"https://doi.org/10.1111/reel.12541","url":null,"abstract":"The behavioural revolution in law and economics led to the insight that command‐and‐control and market‐based instruments have limitations in bringing about behavioural change. Environmental behavioural instruments use persuasive strategies or techniques rather than direct incentives to encourage environmentally responsible decision‐making. This article investigates the potential and challenges of behavioural instruments in environmental policy based on a survey of theories and examples concerning environmental behavioural instruments. Behavioural instruments can reduce the information costs of environmental regulation while increasing self‐efficacy for environmental compliance. More importantly, behavioural instruments can be cheap and effective by activating various norms in specific contexts. However, the behavioural approach, because of its focus on individual compliance, may not be well suited to address (transboundary) externalities. Behavioural instruments are especially important in generating positive externalities by appealing to social norms. Such mechanisms are, however, less suited to internalising negative externalities. The effects of behavioural instruments may not be easily guaranteed (in the long run), especially when the environmental goal of the behavioural approach clashes with private interests or fails to consider individual differences and contextual factors. We therefore argue that behavioural instruments should be included alongside standard regulatory tools, thus reaching an optimal mix between both.","PeriodicalId":51681,"journal":{"name":"Review of European Comparative & International Environmental Law","volume":null,"pages":null},"PeriodicalIF":2.3,"publicationDate":"2024-04-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140563670","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"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
Smallholder farms in the sustainable food transition: A critical examination of the new Common Agricultural Policy 可持续粮食转型中的小农农场：对新的共同农业政策的批判性研究
IF 2.3 3区 社会学
Review of European Comparative & International Environmental Law Pub Date : 2024-04-09 DOI: 10.1111/reel.12539
Mirta Alessandrini, Edwin Alblas, Lin Batten, Sumira Bothé
{"title":"Smallholder farms in the sustainable food transition: A critical examination of the new Common Agricultural Policy","authors":"Mirta Alessandrini, Edwin Alblas, Lin Batten, Sumira Bothé","doi":"10.1111/reel.12539","DOIUrl":"https://doi.org/10.1111/reel.12539","url":null,"abstract":"Almost two thirds of working farms in the European Union are considered smallholder farms. These farms play a crucial role in local food production, rural development, maintaining agrobiodiversity, and promoting cultural heritage. Despite this, agricultural policies have consistently supported on‐farm intensification, specialisation, enlargement, and mechanisation of agricultural production. These policies have been in turn commonly justified through food security and agricultural efficiency arguments. Considering the European Union's Farm to Fork Strategy and the Green Deal's aims of transitioning towards sustainable food systems, this article presents a novel empirical analysis of the legal position of small farmers in the new Common Agricultural Policy (CAP) of 2023. This analysis outlines the critical but complex position of smallholder farmers in the National Strategic Plans of 10 Member States. The reformed CAP increasingly acknowledges the important role of smallholder farmers in moving towards sustainable food systems. However, in this article, we question the CAP's sufficiency for improving the legal position of smallholders, promoting (economic) viability and harnessing the sustainability potential of smallholder farms.","PeriodicalId":51681,"journal":{"name":"Review of European Comparative & International Environmental Law","volume":null,"pages":null},"PeriodicalIF":2.3,"publicationDate":"2024-04-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140563532","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"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 centrality of law for EU sustainable finance markets: Outlining a research agenda 法律对欧盟可持续金融市场的核心作用：概述研究议程
IF 2.3 3区 社会学
Review of European Comparative & International Environmental Law Pub Date : 2024-04-06 DOI: 10.1111/reel.12538
Saga Eriksson
{"title":"The centrality of law for EU sustainable finance markets: Outlining a research agenda","authors":"Saga Eriksson","doi":"10.1111/reel.12538","DOIUrl":"https://doi.org/10.1111/reel.12538","url":null,"abstract":"This article discusses how law shapes sustainable finance market creation in the European Union (EU). Although markets for environmental, social and governance (ESG) oriented investments have continued to grow, a gap has persisted between fund popularity and real‐world impact. The EU has sought to address this through common legal standards for sustainable economic activities. However, there has been limited empirical examination of how industry applies these new measures and how they facilitate further market development. The article seeks to address this by proposing a research agenda for the examination of sustainable finance legislation through a ‘law as constitutive’ lens. The approach argues for an empirical inquiry that recognises the political and social conditions of market development, explored through interviews with market participants focusing on their experiences of legislation. The article explains how a ‘law as constitutive’ framing best suits the EU context when exploring the potential and limitations of the current policy approach.","PeriodicalId":51681,"journal":{"name":"Review of European Comparative & International Environmental Law","volume":null,"pages":null},"PeriodicalIF":2.3,"publicationDate":"2024-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140563886","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"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
Global Animal Law from the Margins: International Trade in Animals and Their Bodies by IyanOffor, Routledge, 2023, 320 pp. 来自边缘的全球动物法》：动物及其尸体的国际贸易》，IyanOffor 著，Routledge 出版社，2023 年，320 页。
IF 2.3 3区 社会学
Review of European Comparative & International Environmental Law Pub Date : 2024-03-19 DOI: 10.1111/reel.12537
Zane McNeill
{"title":"Global Animal Law from the Margins: International Trade in Animals and Their Bodies by IyanOffor, Routledge, 2023, 320 pp.","authors":"Zane McNeill","doi":"10.1111/reel.12537","DOIUrl":"https://doi.org/10.1111/reel.12537","url":null,"abstract":"","PeriodicalId":51681,"journal":{"name":"Review of European Comparative & International Environmental Law","volume":null,"pages":null},"PeriodicalIF":2.3,"publicationDate":"2024-03-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140168273","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"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
David versus Goliath? Indigenous people, carbon majors and climate litigation in South Africa 大卫对歌利亚？南非原住民、碳大亨和气候诉讼
IF 2.3 3区 社会学
Review of European Comparative & International Environmental Law Pub Date : 2024-03-07 DOI: 10.1111/reel.12534
Louise du Toit, Caiphas Soyapi, Louis J. Kotzé
{"title":"David versus Goliath? Indigenous people, carbon majors and climate litigation in South Africa","authors":"Louise du Toit, Caiphas Soyapi, Louis J. Kotzé","doi":"10.1111/reel.12534","DOIUrl":"https://doi.org/10.1111/reel.12534","url":null,"abstract":"In two recent South African cases, Indigenous communities successfully challenged proposed fossil fuel exploration activities by the Shell petroleum company off South Africa's pristine West Coast. In contrast to earlier climate litigation cases in South Africa, the litigants relied specifically on their Indigenous rights and knowledge. In this case note, we highlight the ways in which the two courts engaged with the communities' cultural beliefs and practices as well as their knowledge related to sustainability and how this relates to protecting their livelihoods, cultural practices and identities that are threatened by the proposed activities. We highlight the important role played by Indigenous communities in the climate movement and argue that, in the future, Indigenous and related considerations could provide a strong basis for climate litigation in South Africa and potentially contribute to efforts to protect Indigenous communities against the activities of carbon majors.","PeriodicalId":51681,"journal":{"name":"Review of European Comparative & International Environmental Law","volume":null,"pages":null},"PeriodicalIF":2.3,"publicationDate":"2024-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140097325","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"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
A legal analysis of the interinstitutional duty to cooperate in international water law 对国际水法中机构间合作义务的法律分析
IF 2.3 3区 社会学
Review of European Comparative & International Environmental Law Pub Date : 2024-02-01 DOI: 10.1111/reel.12530
Yang Liu
{"title":"A legal analysis of the interinstitutional duty to cooperate in international water law","authors":"Yang Liu","doi":"10.1111/reel.12530","DOIUrl":"https://doi.org/10.1111/reel.12530","url":null,"abstract":"Interinstitutional interactions occur frequently and have led to important organisational developments. The purpose of this article is twofold. First, it attempts to clarify the legal basis of the interinstitutional duty to cooperate in international water law, by focusing on the river basin organisations (RBOs) of Europe and Southern Africa that coexist in the same transboundary basin. Second, it assesses the approaches used by RBOs in these two regions to operationalise the interinstitutional duty to cooperate. The article concludes that the interinstitutional duty to cooperate is far from complete and that subsequent practices of RBOs play a significant role in enriching and operationalising this duty.","PeriodicalId":51681,"journal":{"name":"Review of European Comparative & International Environmental Law","volume":null,"pages":null},"PeriodicalIF":2.3,"publicationDate":"2024-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139902445","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"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
Area-based management tools under the BBNJ Agreement: Ambition or illusion? BBNJ 协议》下的区域管理工具：雄心还是幻想？
IF 2.3 3区 社会学
Review of European Comparative & International Environmental Law Pub Date : 2024-01-21 DOI: 10.1111/reel.12531
Wen Duan
{"title":"Area-based management tools under the BBNJ Agreement: Ambition or illusion?","authors":"Wen Duan","doi":"10.1111/reel.12531","DOIUrl":"https://doi.org/10.1111/reel.12531","url":null,"abstract":"This article intends to answer the question of whether and to what extent the arrangements for area-based management tools (ABMTs) under the Agreement on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ Agreement) can contribute to the comprehensiveness, coherence and consistency of the international legal regime relating to ABMTs. To answer this question, the article analyses and evaluates the key aspects of the arrangements for ABMTs of the BBNJ Agreement, including consistency with the United Nations Convention on the Law of the Sea (UNCLOS), the interpretation of ‘not undermining’, decision making and the implementation mechanism. It concludes that the arrangements for ABMTs of the BBNJ Agreement are consistent with the UNCLOS and may contribute to the comprehensiveness, coherence and consistency of the international legal regime relating to ABMTs to a large extent. The article further notes that the arrangements for ABMTs of the BBNJ Agreement are ambitious, but lots of work needs to be done to ensure the ambition does not become an illusion.","PeriodicalId":51681,"journal":{"name":"Review of European Comparative & International Environmental Law","volume":null,"pages":null},"PeriodicalIF":2.3,"publicationDate":"2024-01-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139516342","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"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
Daniel Billy et al v Australia (Torres Strait Islanders Petition): Climate change inaction as a human rights violation 丹尼尔-比利等人诉澳大利亚（托雷斯海峡岛民请愿书）：气候变化不作为是对人权的侵犯
IF 2.3 3区 社会学
Review of European Comparative & International Environmental Law Pub Date : 2024-01-18 DOI: 10.1111/reel.12527
Gabriel M. Lentner, Weronika Cenin
{"title":"Daniel Billy et al v Australia (Torres Strait Islanders Petition): Climate change inaction as a human rights violation","authors":"Gabriel M. Lentner, Weronika Cenin","doi":"10.1111/reel.12527","DOIUrl":"https://doi.org/10.1111/reel.12527","url":null,"abstract":"This case note analyses in detail the decision of the United Nations Human Rights Committee (HRComm) in <i>Daniel Billy</i> <i>et al</i> <i>v Australia</i>. The decision concerned a communication brought by members of an indigenous peoples' group from the Torres Strait Islands in the state of Queensland, Australia. The applicants claimed that their human rights had been violated as a result of the State's failure to take mitigation and adaptation measures to combat the effects of climate change. The HRComm's finding of a violation of the applicants' human rights deserves a closer look, as it has broader implications for future climate change-related human rights litigation. While the HRComm missed the opportunity to consider the State's human rights obligations concerning climate change mitigation, this decision represents an important milestone in climate change litigation, as it confirms a State's obligation to protect a community from adverse climate change effects and recognises the specific vulnerabilities of indigenous peoples and their cultures to its impacts.","PeriodicalId":51681,"journal":{"name":"Review of European Comparative & International Environmental Law","volume":null,"pages":null},"PeriodicalIF":2.3,"publicationDate":"2024-01-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139515885","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"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
Climate change adaptation in water law: International, EU and Finnish perspectives 水法中的气候变化适应：国际、欧盟和芬兰的观点
IF 2.3 3区 社会学
Review of European Comparative & International Environmental Law Pub Date : 2024-01-15 DOI: 10.1111/reel.12528
Antti Belinskij, Niko Soininen, Suvi-Tuuli Puharinen, Noora Veijalainen
{"title":"Climate change adaptation in water law: International, EU and Finnish perspectives","authors":"Antti Belinskij, Niko Soininen, Suvi-Tuuli Puharinen, Noora Veijalainen","doi":"10.1111/reel.12528","DOIUrl":"https://doi.org/10.1111/reel.12528","url":null,"abstract":"Climate change is expected to significantly alter hydrological regimes globally as well as locally. The impacts will encompass both long-term changes in hydrological trends and short-term extreme weather events. The need to anticipate and adapt to future changes will challenge legal rules and institutions, as these are bound to the past. This article analyses whether water law at international, EU and national (Finland) levels can deal with these hydrological changes. To this end, the analysis draws on a case study of the Finnish-Russian transboundary Vuoksi River. We discuss the main substantive and procedural challenges of water law and outline some necessary legal changes. Our analysis shows that while water law at these levels includes some legal mechanisms for managing varying hydrological circumstances, these will prove insufficient in the light of the scale of anticipated hydrological changes.","PeriodicalId":51681,"journal":{"name":"Review of European Comparative & International Environmental Law","volume":null,"pages":null},"PeriodicalIF":2.3,"publicationDate":"2024-01-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139500430","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"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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