{"title":"环境治理司法化?跨国公司问责制案例","authors":"D. Bertram","doi":"10.1162/glep_a_00651","DOIUrl":null,"url":null,"abstract":"Abstract The transnational scope of corporate activities often results in extraterritorial environmental harm elsewhere on the planet. Within the European context, two legal developments are challenging this state of affairs. First, several legislative initiatives seek to establish due diligence standards for corporate activities along global supply chains. Second, domestic courts increasingly assume jurisdiction over environmental damage arising from corporations’ subsidiary operations abroad. This article argues that both these developments are emblematic of the transnationalization and judicialization of environmental governance in the twenty-first century. Rather than providing particularized relief only, national judges may become crucial allies in the construction and enforcement of polycentric regimes. However, the advent of unilateral judicial interventions in the environmental affairs of other countries also raises concerns over the international and institutional legitimacy of the emerging corporate accountability apparatus.","PeriodicalId":47774,"journal":{"name":"Global Environmental Politics","volume":null,"pages":null},"PeriodicalIF":3.9000,"publicationDate":"2022-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"4","resultStr":"{\"title\":\"Judicializing Environmental Governance? The Case of Transnational Corporate Accountability\",\"authors\":\"D. Bertram\",\"doi\":\"10.1162/glep_a_00651\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Abstract The transnational scope of corporate activities often results in extraterritorial environmental harm elsewhere on the planet. Within the European context, two legal developments are challenging this state of affairs. First, several legislative initiatives seek to establish due diligence standards for corporate activities along global supply chains. Second, domestic courts increasingly assume jurisdiction over environmental damage arising from corporations’ subsidiary operations abroad. This article argues that both these developments are emblematic of the transnationalization and judicialization of environmental governance in the twenty-first century. Rather than providing particularized relief only, national judges may become crucial allies in the construction and enforcement of polycentric regimes. However, the advent of unilateral judicial interventions in the environmental affairs of other countries also raises concerns over the international and institutional legitimacy of the emerging corporate accountability apparatus.\",\"PeriodicalId\":47774,\"journal\":{\"name\":\"Global Environmental Politics\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":3.9000,\"publicationDate\":\"2022-03-02\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"4\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Global Environmental Politics\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.1162/glep_a_00651\",\"RegionNum\":2,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"ENVIRONMENTAL STUDIES\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Global Environmental Politics","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1162/glep_a_00651","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"ENVIRONMENTAL STUDIES","Score":null,"Total":0}
Judicializing Environmental Governance? The Case of Transnational Corporate Accountability
Abstract The transnational scope of corporate activities often results in extraterritorial environmental harm elsewhere on the planet. Within the European context, two legal developments are challenging this state of affairs. First, several legislative initiatives seek to establish due diligence standards for corporate activities along global supply chains. Second, domestic courts increasingly assume jurisdiction over environmental damage arising from corporations’ subsidiary operations abroad. This article argues that both these developments are emblematic of the transnationalization and judicialization of environmental governance in the twenty-first century. Rather than providing particularized relief only, national judges may become crucial allies in the construction and enforcement of polycentric regimes. However, the advent of unilateral judicial interventions in the environmental affairs of other countries also raises concerns over the international and institutional legitimacy of the emerging corporate accountability apparatus.
期刊介绍:
Global Environmental Politics examines the relationship between global political forces and environmental change, with particular attention given to the implications of local-global interactions for environmental management as well as the implications of environmental change for world politics. Each issue is divided into research articles and a shorter forum articles focusing on issues such as the role of states, multilateral institutions and agreements, trade, international finance, corporations, science and technology, and grassroots movements.