Environmental Law Review最新文献_第10页

Coordinating UK trade and climate policy ambitions: A legislative and policy analysis 协调英国贸易和气候政策目标:立法和政策分析

Environmental Law Review Pub Date : 2020-12-01 DOI: 10.1177/1461452920960349

Emily Lydgate, C. Anthony

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引用次数: 1

The relationship between the principle of sustainable development and the human right to a clean and healthy environment in Kenya’s legal context: An appraisal 在肯尼亚的法律范围内，可持续发展原则与享有清洁和健康环境的人权之间的关系:评价

Environmental Law Review Pub Date : 2020-09-01 DOI: 10.1177/1461452920952584

Rose Mwanza

{"title":"The relationship between the principle of sustainable development and the human right to a clean and healthy environment in Kenya’s legal context: An appraisal","authors":"Rose Mwanza","doi":"10.1177/1461452920952584","DOIUrl":"https://doi.org/10.1177/1461452920952584","url":null,"abstract":"Kenya’s legal system is characterised by a plurality of constitutional norms that are relevant for governing the relationship between the environment and the people. Key among these are the principle of sustainable development (SD) and the human right to a clean and healthy environment (HRHE). Both norms were constitutionalised in 2010, a development that represents what scholars have termed environmental constitutionalism and sustainability constitutionalism, respectively. The constitutionalisation of the principle of SD and the HRHE is a welcome development which has the potential to fill some gaps that existed in the old constitutional arrangement. At the same time, this development is set against a backdrop of critical debates that question their effectiveness in regard to environmental protection. This article demonstrates that the two norms have developed in a manner that is responsive to the salient criticism raised against them. Moreover, courts in Kenya have construed them as complementary norms. Specifically, courts in Kenya have applied the HRHE to clarify the meaning and scope of the environmental prong of SD and construed the duty to pursue ecologically SD (a component of SD) as encompassing the obligation to protect ecological processes that support all life.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"62 1","pages":"184 - 197"},"PeriodicalIF":0.0,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84809242","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

The chase for legal timber: Developments in the commercial trade of timber in Ghana 对合法木材的追求:加纳木材商业贸易的发展

Environmental Law Review Pub Date : 2020-09-01 DOI: 10.1177/1461452920934704

Clement Kojo Akapame

引用次数: 1

Quarterly Comment by Trinity Chambers: Trinity Chambers, Newcastle Trinity Chambers季度评论:Trinity Chambers，纽卡斯尔

Environmental Law Review Pub Date : 2020-09-01 DOI: 10.1177/1461452920950048

A. Richardson, M. Crowe, M. Hopkins, J. Cottrell, Shada Mellor

引用次数: 0

Book review: Environmental Law Essentials, Edinburgh Law Essentials 书评:《环境法要义》、《爱丁堡法律要义》

Environmental Law Review Pub Date : 2020-09-01 DOI: 10.1177/1461452920958204

Anne-Michelle Slater

引用次数: 0

The first German climate case 德国第一起气候案件

Environmental Law Review Pub Date : 2020-09-01 DOI: 10.1177/1461452920948626

Petra Minnerop

{"title":"The first German climate case","authors":"Petra Minnerop","doi":"10.1177/1461452920948626","DOIUrl":"https://doi.org/10.1177/1461452920948626","url":null,"abstract":"This article explains the first German climate case filed against the Federal Government in the Berlin Administrative Court in 2018 and decided in October 2019. The article identifies and examines the key elements of the decision of the Berlin Court and it places the legal issues of the case within the relevant framework of German administrative court procedure law, administrative law and constitutional law. The case evolved around the legally binding force of a cabinet decision of the Federal Government which laid down the German greenhouse gas emissons reduction target for 2020. Despite the fact that the application was dismissed for lack of standing, some important legal developments can be derived from the judgment, especially in relation to justiciability of the case and the state’s duty to protect fundamental rights under the German Basic Law (Grundgesetz) in the climate change context. Just after the judgment was delivered, the German Federal Parliament (Bundestag) adopted the first Federal Climate Protection Act in November 2019 and thus defined the state’s new climate targets in statutory form. This changed the legal landscape and claimants consequently abstained from appealing the judgment. However, the German Constitutional Court now has the opportunity to clarify further some of the legal issues that arose in this first German climate case from applying ‘traditional’ legal concepts to the challenge of climate change, if it decides to hear the constitutional complaint which was filed in 2020 against the Federal Climate Protection Act.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"30 1","pages":"215 - 226"},"PeriodicalIF":0.0,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81468162","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

The networks of human rights and climate change: The State of the Netherlands v Stichting Urgenda, Supreme Court of the Netherlands, 20 December 2019 (19/00135) 人权与气候变化网络:荷兰国家诉紧急议程基金会案，荷兰最高法院，2019年12月20日(19/00135)

Environmental Law Review Pub Date : 2020-09-01 DOI: 10.1177/1461452920953655

O. Pedersen

引用次数: 2

Climate change governance: An analysis of the climate change legal regime in Kenya 气候变化治理:肯尼亚气候变化法律制度分析

Environmental Law Review Pub Date : 2020-09-01 DOI: 10.1177/1461452920958398

Meissy Janet Naeku

{"title":"Climate change governance: An analysis of the climate change legal regime in Kenya","authors":"Meissy Janet Naeku","doi":"10.1177/1461452920958398","DOIUrl":"https://doi.org/10.1177/1461452920958398","url":null,"abstract":"Kenya’s climate change legal environment is considered progressive, with the country being one of the first in the African continent to enact robust climate law and policies that guide national and local action. The presence of a comprehensive legal regime is meant to provide an opportunity for the country to coordinate climate change issues in a more structured manner. Despite this, Kenya continues to grapple with challenges presented by climate change, which have increased the country’s vulnerability to biodiversity loss, ecosystem degradation and immense impacts on livelihoods and infrastructure in both rural and urban areas. Climate-related disasters and extreme events have plagued the most vulnerable communities, particularly with the most affected being Indigenous People and marginalised local communities. It is against this backdrop that the extent to which procedural mechanisms and the substantive legal frameworks produced needs to be reflected upon, to determine their interaction and feedback with the ongoing climate crisis and their sufficiency to adequately deliver climate justice across various levels of climate change law implementation. As a starting point, this article builds a comprehensive understanding on the existing climate laws in Kenya and explores how this translates to climate resilience building. The coherences, practicalities and implementation dynamics of the legal instruments are analysed to provide a clear picture of how the country responds to international, regional and national expectations and obligations. We argue that the adequacy of climate instruments in Kenya has not satisfactorily translated into climate resilience. Although most of the instruments are informed by sustainability principles for climate justice and resilience building, they still face diverse socio-economic and political dynamics that impede its effective implementation.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"8 1","pages":"170 - 183"},"PeriodicalIF":0.0,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84573076","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 5

Nourishing and protecting our urban ‘green’ space in a post-pandemic world 在大流行后的世界中滋养和保护我们的城市“绿色”空间

Environmental Law Review Pub Date : 2020-08-17 DOI: 10.1177/1461452920934667

Christopher N. Rodgers

引用次数: 16

Abandonment/decommissioning under Nigerian legal regimes: A comparative analysis 尼日利亚法律制度下的弃船/退役:比较分析

Environmental Law Review Pub Date : 2020-07-01 DOI: 10.1177/14614529211006074

B. F. Anyatang, B. Kooffreh

{"title":"Abandonment/decommissioning under Nigerian legal regimes: A comparative analysis","authors":"B. F. Anyatang, B. Kooffreh","doi":"10.1177/14614529211006074","DOIUrl":"https://doi.org/10.1177/14614529211006074","url":null,"abstract":"The overall objective of this article is to analyse critically the legal instruments that regulate decommissioning of onshore and offshore platforms in the Nigerian Petroleum Industry vis-à-vis other jurisdictions such as The United States of America (USA) and United Kingdom (UK) with a view to making requisite recommendations for improvement in the Nigerian Petroleum Industry. This article in its introductory part will be devoted to conceptual clarifications of decommissioning and abandonment and differences (if any). Part two is the critical analysis of legislations on decommissioning in Nigeria. Part three is also a critical analysis on legal regimes and practices on decommissioning in other jurisdictions such as USA and UK. Part four is a comparative analysis of legislations and decommissioning practices in Nigeria and other jurisdiction. Part five consists of findings/recommendations made during the research. In the end, conclusions are drawn, part of which is a call for proactive actions by megacorporation and the Nigerian government in the sphere of timeous decommissioning of obsolete and failed platforms, enactment and, or, review of obsolete legislations regulating decommissioning as well as fulfilment of obligations under multilateral environmental treaties that regulate decommissioning and sustainable environmental management and protection.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"30 1","pages":"110 - 127"},"PeriodicalIF":0.0,"publicationDate":"2020-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82046486","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2