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Issue Information Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2024-04-18
No abstract is available for this article.
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A comparative study of the judicial construction of scientific credibility in climate litigation Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2024-04-13 Mingzhe Zhu, Liyuan Fan
Although the value of climate science in the courtroom is widely acknowledged, few studies have evaluated how judges achieve a scientifically sound grounding for their rulings. Drawing insights from legal culture and science and technology studies, we compare the determination of scientific credibility in leading climate cases in Europe and the United States. Judges on both sides of the Atlantic answer
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In search of a sustainable future: A comparative assessment of climate change regimes in Nigeria and Kenya Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2024-04-11 Pontian Okoli, Etisang Abraham
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
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The role of environmental impact assessments in the establishment and management of marine protected areas under the UNCLOS and the BBNJ Agreement Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2024-04-11 Wen Duan, Luoyi Shen
This article analyses the role of environmental impact assessments (EIAs) in establishing and managing marine protected areas (MPAs) in areas beyond national jurisdiction (ABNJ) under the United Nations Convention on the Law of the Sea (UNCLOS) and the Agreement under the UNCLOS on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ Agreement)
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Smallholder farms in the sustainable food transition: A critical examination of the new Common Agricultural Policy Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2024-04-09 Mirta Alessandrini, Edwin Alblas, Lin Batten, Sumira Bothé
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
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Behavioural instruments in environmental law and policy: Potential and challenges Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2024-04-09 Yayun Shen, Michael Faure
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
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The centrality of law for EU sustainable finance markets: Outlining a research agenda Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2024-04-06 Saga Eriksson
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
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Global Animal Law from the Margins: International Trade in Animals and Their Bodies by IyanOffor, Routledge, 2023, 320 pp. Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2024-03-19 Zane McNeill
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David versus Goliath? Indigenous people, carbon majors and climate litigation in South Africa Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2024-03-07 Louise du Toit, Caiphas Soyapi, Louis J. Kotzé
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
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Integrating climate change into legislative drafting: An analysis of regulatory impact assessment obligations and practices in the EU and Finland Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2024-02-13 Paula Leskinen, Antti Belinskij, Sanna-Riikka Saarela
Diverse aspects of climate change must be considered when drafting legislation to successfully address mitigation and adaptation objectives. In this article, we examine the legal requirements to conduct regulatory climate impact assessment (climate RIA) and analyse to what extent these have been implemented in the European Union (EU) and Finland. Our particular interest is Article 6(4) of the European
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Civil liability for climate change? The proposed tort in Smith v Fonterra with reference to France and the Netherlands Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2024-02-04 Sarah Downs
As we enter into a period of unprecedented climate instability, litigation is becoming an attractive way to hold private entities accountable for their contribution to global warming. In Smith v Fonterra, New Zealand's Supreme Court is considering whether a common law duty to limit emissions should form part of New Zealand's environmental protection framework. This follows the development of several
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A legal analysis of the interinstitutional duty to cooperate in international water law Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2024-02-01 Yang Liu
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
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Area-based management tools under the BBNJ Agreement: Ambition or illusion? Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2024-01-21 Wen Duan
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
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Daniel Billy et al v Australia (Torres Strait Islanders Petition): Climate change inaction as a human rights violation Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2024-01-18 Gabriel M. Lentner, Weronika Cenin
This case note analyses in detail the decision of the United Nations Human Rights Committee (HRComm) in Daniel Billy et al v Australia. 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
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Climate change adaptation in water law: International, EU and Finnish perspectives Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2024-01-15 Antti Belinskij, Niko Soininen, Suvi-Tuuli Puharinen, Noora Veijalainen
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
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A paper tiger in the fog of governance: Norway's riddle in biodiversity matters Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2023-12-13 Esmeralda Colombo
Effective biodiversity protection is generally associated with a strict rule of law and democratic participation in environmental decision making. Norway's exceptional ranking in terms of governance, however, has failed to be a predictor of effective biodiversity protection. Through a systematic review of the main regulatory frameworks relevant to protecting biodiversity in Norway, this article analyses
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Issue Information Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2023-11-20
No abstract is available for this article.
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Financing for loss and damage under the UNFCCC: Have we come full circle? Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2023-11-09 Linda Siegele
The journey taken by the Alliance of Small Island States in its quest to address the existential threat of man-made climate—from its original 1991 proposal for funding arrangements (an insurance pool) to address loss and damage associated with sea-level rise to the establishment at the Sharm el-Sheikh Climate Conference in 2022 of funding arrangements and a fund for addressing loss and damage—has been
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Support for young farmers in the European Union: How much discretion for Member States? Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2023-09-03 Anna Florentine Gall, Clara Lina Bader, Edwin Alblas
Generational renewal is at the heart of the European Union's (EU) agricultural priorities embedded in the Green Deal and Farm to Fark Strategy, since young farmers not only play a vital role in ensuring the competitiveness of European agriculture but also have significant potential in transitioning towards a sustainable agri-food system. However, the number of young farmers across the EU has been rapidly
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Beyond the North–South divide: Litigation's role in resolving climate change loss and damage claims Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2023-08-24 Maria Antonia Tigre, Margaretha Wewerinke-Singh
Within the international climate regime, legal aspects surrounding loss and damage (L&D) are contentious topics, implicating liability, compensation and notions of vulnerability. The attribution of responsibility and the pursuit of redress for L&D present intricate legal and governance challenges. The ongoing debates under the United Nations Framework Convention on Climate Change are characterized
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Policy coherence for the protection of water resources against agricultural pollution in the EU and Norway Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2023-07-25 Froukje Maria Platjouw, Ingrid Nesheim, Caroline Enge
Throughout the European Union (EU), agricultural practices contribute significantly to the pollution of water resources by nitrates, phosphorus and pesticides. This article sheds light on the degree of horizontal legal coherence between the main EU legal and policy instruments applicable to the protection of water resources from agricultural pollution. After identifying key coherence challenges at
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Issue Information Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2023-07-18
No abstract is available for this article.
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The power of the Paris Agreement in international climate litigation Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2023-07-13 Christina Voigt
Climate litigation has reached the international level with several requests for advisory opinions from international courts and tribunals, and human rights treaty bodies addressing climate change-related human rights violations. The Paris Agreement will likely be relevant in many of these and other cases to come, whether directly in disputes about its application or interpretation, or indirectly in
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The rise of international climate litigation Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2023-07-10 Benoit Mayer, Harro van Asselt
International climate litigation is on the rise, with international courts and tribunals being asked to offer advisory opinions on climate change, several rights-based climate change claims being put forward before international human rights bodies and courts, and international economic tribunals increasingly being engaged with the issue. This special issue on international climate litigation examines
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Dispute over the Status and Use of the Waters of the Silala (Chile v Bolivia): Is the International Court of Justice falling short? Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2023-07-01 Tadesse M. Kebebew
This case note offers insights into a decision of the International Court of Justice on the legal dispute between Chile and Bolivia over the nature and use of the Silala waters and its implications for international water law. It begins with two positive notes, namely, the recognition of the unity of the Silala waters (natural and artificially enhanced flows) and the use of science and expert evidence
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Tempering great expectations: The legitimacy constraints and the conflict function of international courts in international climate litigation Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2023-06-29 Aref Shams
This article challenges the assumptions of viability of international climate litigation. While international climate litigation has recently gained momentum, this article calls for a tempering of expectations on two bases. First, the climate problem is highly polycentric—more so than other environmental problems encountered by international courts. Second, international courts have structural limitations
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Putting the constructive ambiguity of climate change loss and damage into practice: The early work of the UNFCCC WIM ExCom Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2023-06-28 Lisa Vanhala
The establishment within the United Nations Framework Convention on Climate Change of the Warsaw International Mechanism on Loss and Damage associated with Climate Change Impacts (L&D) resulted from a loose consensus that emerged based on a constructively ambiguous understanding of what climate change loss and damage is and how to best address this policy problem. Different actors have understood and
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A framework for the assessment of alternative uses in international water law Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2023-05-06 Chenjun Zheng
In establishing an equitable and reasonable use of a transboundary watercourse, States are to take into consideration a variety of factors, including the availability of alternative uses. This article seeks to provide a framework for assessing such alternative uses by first exploring treaty practice and relevant cases across the fields of international environmental law and international water law
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Climate change before the European and Inter-American Courts of Human Rights: Comparing possible avenues before human rights bodies Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2023-05-05 Armando Rocha, Rômulo Sampaio
In the light of an increasing trend of climate change-related litigation before human rights bodies, this article assesses and compares the possible outcomes of cases submitted before the European Court of Human Rights (ECtHR) and the Inter-American Court of Human Rights (IACtHR). First, it assesses what rights can be used in a climate change-related case. Second, it analyses the collective causation
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Bridging multinational corporations' investment-climate gap: Prospects for the direct claims approach Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2023-04-27 Ji Ma
Multinational corporations (MNCs) have enjoyed considerable investment rights and gained massive benefits under international investment law; at the same time, they have also significantly contributed to the climate crisis. Yet, they do not bear corresponding climate change obligations. A huge gap between MNC investment rights and climate change obligations—the MNC investment-climate gap—persists because
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Could a trade agreement strengthen the enforcement of domestic environmental laws? Envisioning the impacts of the US–Peru environmental submissions mechanism Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2023-04-14 Pablo Peña
Could a trade agreement strengthen the enforcement of domestic environmental laws? This article explores this question in the context of the US–Peru Trade Promotion Agreement (TPA). The article examines, in particular, the potential role of the Secretariat for Submissions on Environmental Enforcement Matters (SEEM) of the TPA. The SEEM is an advisory mechanism to the parties to the TPA which allows
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The long and winding road towards the creation of climate clubs: Transatlantic negotiations, potential regulatory models and challenges ahead Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2023-04-11 Giulia Claudia Leonelli
Proposals for the establishment of plurilateral climate clubs have gained momentum, and both the European Union (EU) and the United States (US) will play a pivotal role in forthcoming negotiations. This article closely examines EU and US proposals to uncover distinctive features in their regulatory approaches and to critically assess different potential models for sectoral climate club arrangements
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Advisory opinions on climate change: Some preliminary questions Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2023-04-07 Daniel Bodansky
The recent requests for advisory opinions from the International Court of Justice, the International Tribunal for the Law of the Sea and the Inter-American Court of Human Rights are understandable, given the slow pace of the climate change negotiations. But are they a good idea? Will an advisory opinion by an international tribunal be likely to strengthen the international response to climate change
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Issue Information Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2023-04-04
No abstract is available for this article.
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Human rights and climate wrongs: Mapping the landscape of rights-based climate litigation Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2023-03-30 Shalini Iyengar
Human rights-based climate litigation cases have become increasingly prominent over the past decade. While absolute numbers of these cases are still relatively low, they have attracted significant praise and scrutiny, both from the standpoint of the media and the academy. However, while there is a large body of scholarly literature on these rights-based climate cases, relatively little qualitative
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Not easy to ‘green’ old ways: National courts and rights-based smog cases in Poland Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2023-03-16 Karolina Karpus
The topic of environmental rights has been intensely debated at the international and European levels. It is closely connected to another important issue, namely, the role of rights-based litigation in the enforcement of environmental law. In Poland, members of the public have tried to use the strategy of environmental rights-based litigation to target ineffective air quality plans. However, existing
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Prospects for invoking the law of self-determination in international climate litigation Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2023-02-21 Natalie Jones
The question of the substantive law that international courts and tribunals can apply in adjudicating climate change cases has been widely debated. This article focuses on the potential of self-determination, a cornerstone of international law, to shed light on the duties held by States in the face of climate change. The applicability of the law of self-determination is broad, not limited to the classic
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The potential of international ‘State-as-polluter’ litigation Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2023-02-05 Steve Lorteau
National fossil fuel companies, public utilities and other State entities are responsible for vast amounts of greenhouse gas emissions. The pollution of these State entities represents a substantial departure from the due diligence standards of international law. This article evaluates the promise of international climate litigation against State pollution sources, or international ‘State-as-polluter’
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International human rights bodies and climate litigation: Don't look up? Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2023-01-31 Riccardo Luporini, Annalisa Savaresi
This article systematically analyses complaints concerning climate change before international human rights bodies. Since 2005, these bodies have been increasingly asked to hear complaints related to climate change but have granted claims of climate applicants only on one occasion. This article therefore considers the inherent limitations of international human rights bodies for the pursuit of climate
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Strengthening the complaint mechanisms of multilateral climate funds and carbon markets: A critical step towards a human rights-based green transition Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2023-01-12 Chiara Tea Antoniazzi
Notwithstanding their indisputable benefits, climate change mitigation and adaptation activities can negatively impact the environment and human rights. Accordingly, multilateral funds and programmes financing these activities have increasingly adopted environmental and social safeguards. However, enforcing these safeguards has been difficult because of the lack of or shortcomings affecting complaint
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The WTO dispute settlement system as a forum for climate litigation? Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2022-12-26 Henok Asmelash
This article examines whether and to what extent the dispute settlement system (DSS) of the World Trade Organization (WTO) could and should serve as a venue for international climate litigation. The article tackles these questions in three parts. First, it maps the nature and features of a trade-related climate litigation. Second, it considers the prospect of such litigation under existing substantive
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Environmental considerations in the European Union's pharmaceuticals legislation: Key instruments and their challenges in addressing global manufacturing supply chains Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2022-12-21 Anita Kittery, Mirella Miettinen
This article analyses how two key instruments of European Union pharmaceuticals legislation—good manufacturing practices and environmental risk assessment of pharmaceuticals—address known risks posed by the release of pharmaceuticals in the environment to human health and the environment and identifies the challenges that they face in regulating global manufacturing supply chains. The analysis reveals
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Protecting the marine environment from the impacts of climate change: A regime interaction study Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2022-12-16 Bastiaan Ewoud Klerk
As the oceans are heavily impacted by climate change, effective regulatory responses are needed to mitigate, as well as to adapt to, these adverse effects. Problematically, however, neither the international climate change regime nor the international law of the sea specifically addresses the adverse effects of climate change on the oceans. This article analyses the interactions between these regimes
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Harm to the global commons on trial: The role of the prevention principle in international climate adjudication Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2022-12-16 Leslie-Anne Duvic-Paoli, Mario Gervasi
Although the climate crisis is the result of a failure to prevent environmental harm, the principle of prevention has thus far remained discrete in domestic climate litigation. Similarly, in the context of international climate adjudication, reliance on the prevention principle could seem limited by two main obstacles: its anchor in bilateralism and its normative indeterminacy. This article argues
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Intercontinental shipping in the European Union emissions trading system: A ‘fifty–fifty’ alignment with the law of the sea and international climate law? Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2022-12-13 Manolis Kotzampasakis
The European Commission has proposed to extend the European Union (EU) emissions trading system to 50% of the carbon dioxide emissions from intercontinental maritime voyages that start or end at European ports. Yet, it remains unclear why this ‘fifty–fifty’ scope was selected and whether it is compatible with international law. This article disentangles the proposal's rationale and maps the EU's jurisdictional
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Unjust enrichment in investor–State arbitration: A principled limit on compensation for future income from fossil fuels Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2022-12-10 Oliver Hailes
If States take seriously the Paris Agreement's mitigation goal by phasing out the use of fossil fuels in energy production, investor–State arbitration could allow claimants to recoup lost value. In awards of compensation, tribunals typically apply forward-looking, income-based valuation methods to quantify future cash flows. But such methods may lead to upward redistribution of wealth and expansion
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What can climate change litigation learn from socio-economic rights litigation? Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2022-11-30 Kári Ragnarsson
As advocates place hope in international climate change litigation, what lessons may be drawn from over two decades of efforts to litigate socio-economic rights? Both types of litigation envision a role for courts in solving fundamental societal questions that involve complicated policy responses and far-reaching consequences for societal and economic structures. Among the challenges faced by courts
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Issue Information Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2022-11-28
No abstract is available for this article.
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Taking the current when it serves: Prospects and challenges for an ITLOS advisory opinion on oceans and climate change Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2022-11-25 Rozemarijn J. Roland Holst
The 2021 Agreement for the Establishment of the Commission of Small Island States on Climate Change and International Law has brought the prospect of an advisory opinion on climate change from the International Tribunal for the Law of the Sea (ITLOS) a step closer to reality. The Agreement authorizes COSIS to submit a request to the full Tribunal, following the road paved for the first time—and not
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Towards a legal definition of ecological restoration: Reviewing international, European and Member States' case law Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2022-11-25 Ana Mendes, Lorena Martínez Hernández, Léa Badoz, Lydia Slobodian, João E. Rabaça
Ecological restoration is of crucial importance to mitigate the impact of human activity on the environment and preserve biodiversity and ecosystem services. Therefore, the concept of restoration is at the core of international and European Union (EU) environmental policy and governance. This article seeks to shed light on this concept in international and European case law. To this end, it reviews
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The suitability of investor-State dispute settlement and host State counterclaims for implementing climate change international responsibility Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2022-11-20 Diego Mejía-Lemos
This article examines the suitability of investor-State dispute settlement (ISDS) for implementing international responsibility arising out of breaches of climate change obligations, based on a comprehensive review of literature, international decisions and instruments, with a particular focus on counterclaims by host States in ISDS arbitral proceedings. ISDS may prove suitable for these purposes,
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A principled approach for BBNJ: An idea whose time has come Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2022-11-16 Tanya Wagenaar
Healthy ecosystems and the services they provide depend on biodiversity. Considering the catastrophic impact the collapse of ecosystem services would have, particularly on the most vulnerable, there can be no doubt that the loss of biodiversity undermines the full enjoyment of human rights. Because the maintenance of healthy biodiversity and ecosystems is the priority of a regime that provides for
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Integrating communities' customary laws into marine small-scale fisheries governance in Ghana: Reflections on the FAO Guidelines for Securing Sustainable Small-Scale Fisheries Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2022-11-14 Harrison Kwame Golo, Sulley Ibrahim, Bolanle Erinosho
Although Ghana has ratified several relevant treaties related to the ocean, and the country recognizes local communities' customary laws as an important source of law, there is limited research on the integration of customary laws and practices into marine small-scale fisheries governance. This article addresses this gap by analysing customary law systems and practices of the various ethnic communities
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Casting the net wider? The transformative potential of integrating human rights into the implementation of the WTO Agreement on Fisheries Subsidies Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2022-11-13 Stephanie Switzer, Elisa Morgera, Elaine Webster
The removal of harmful fisheries subsidies is essential to reverse unsustainable fisheries globally. This goal has now, in part, been met following the World Trade Organization Ministerial Conference in June 2022, which adopted an Agreement on Fisheries Subsidies. There is a vast literature on the trade law issues associated with fisheries subsidies, and much has been written on their detrimental environmental
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Public participation at the International Seabed Authority: An international human rights law analysis Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2022-11-06 Elisa Morgera, Hannah Lily
In light of the interlinkages between marine biodiversity and the protection of human rights, this article explores the relevance of international human rights law to the decision-making processes at the International Seabed Authority (ISA). It illuminates the relevance of the ISA decisions for the protection of everyone's right to a healthy environment, as well as for the human rights of indigenous
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The implications of seabed mining in the Area for the human right to health Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2022-10-18 Graham J. Hamley
As the prospect of seabed mining in the Area looms closer, much of the debate to date has focused on the prospects of economic gain versus environmental harm. This article contends that potential human health implications must also be considered, including threats to food safety and security and acceleration of global climate change. Through analysis of both scientific and legal literature, this article
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A quest for agency in the Anthropocene: Law and environmental movements in Southeast Asia Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2022-09-27 Agung Wardana
The Anthropocene questions the very foundation of environmental law. Many legal scholars have proposed directions on how environmental law should be transformed to respond to complex challenges in the new geological epoch. However, they tend to avoid questions about which social actors should be regarded as the agents of change to bring about such a transformation. This article addresses the question
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Are climate activists protected by the Aarhus Convention? A note on Article 3(8) Aarhus Convention and the new Rapid Response Mechanism for environmental defenders Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2022-09-20 Teresa Weber
The parties to the Aarhus Convention recently established a new Rapid Response Mechanism for environmental defenders. This article analyses this mechanism and its guarantees for environmental defenders, with a specific focus on the protection of diverse forms of climate activism. The Convention's Compliance Committee has taken a broad approach towards the definition of ‘environmental defenders’ protected
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International legal requirements for environmental and socio-cultural assessments for large-scale industrial fisheries Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2022-09-07 Julia Nakamura, Daniela Diz, Elisa Morgera
This article seeks to clarify the extent of international legal requirements for environmental impact assessments (EIAs) and strategic environmental assessments (SEAs) for large-scale industrial fisheries, including whether these requirements entail the assessments of potential social and cultural impacts of the sector's activities. We discuss the current practices of impact assessments more generally
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A legal study of the Asian Infrastructure Investment Bank's new Environmental and Social Framework Review of European, Comparative & International Environmental Law (IF 2.047) Pub Date : 2022-09-05 Bin Gu
The Asian Infrastructure Investment Bank's (AIIB) new Environmental and Social Framework (ESF) features a relationship of heritage and innovation, compared with the ESF of the World Bank and other multilateral development banks (MDBs). The innovative elements are not only embodied in a few specific institutions shiny with traditional Asian wisdom of ‘voluntarism, flexibility and incremental progress’