Documents Journal of Environmental Law 10 results

'As one of the former Editors of the Journal invited to take stock of the current state of environmental law, I found myself drawn to thinking about trends in environmental law scholarship. After all, to assess the current state of the discipline, one needs to have a sense of where it has come from and how fashions have moved on or perhaps remained the same. Trends might be looked at in a number of different ways. It is possible to examine what the trends in substantive topics examined in environmental law scholarship actually are and to do so on an empirical basis by counting, for example, law journal publications under relevant topics for a given time period ..."

"The Intergovernmental Panel on Climate Change Sixth Assessment Report (report) on mitigation of climate change brought greenhouse gas removals (GGRs) under the spotlight. The report relied on the use of GGRs in all models suggesting how to comply with the Paris Agreement's temperature targets. The EU has adopted specific legislation to address one of the more technologically mature GGR methodologies—biochar—and its waste status dilemma. Here, biochar is analysed in more detail, focusing on the EU waste regime and the potential absolution of biochar from EU's waste obligations. Additionally, the recently enacted Fertilising Products Regulation (EU/2019/1009) is investigated, and its approach to label biochar a fertilising product. Ultimately, this study identifies regulatory inconsistencies and shortfalls of EU law as pertains to biochar's waste status, and recognises the need to establish a more comprehensive regulatory treatment of biochar that acknowledges its multifaceted nature, including helping the EU, and its member states to reach net zero."

"Climate constitutionalism is a relatively novel legal field that has nonetheless adopted a very distinct character. Picking up on the classical liberal tack, it is marked by a distrust of state power as it relates to climate action or inaction. This is a venerable approach. In his 1967 classic, MJC Vile recounts that the ‘great theme of the advocates of constitutionalism [had been] the frank acknowledgement of the role of government in society, linked with the determination to bring that government under control and to place limits on the exercise of its power'. This mode of distrust has been ported to the climate constitutionalism literature and in particular its focus on adjudication of constitutional rights provisions for climate purposes. This, we argue, is but one aspect of climate constitutionalism that no longer speaks to the needs of the world when we think about the relationship between climate change, the doctrines and institutions of comparative constitutional law, and the underpinning theory of constitutionalism for this relationship. The institutional dimension of the constitutional management of climate change must go beyond courts and rights to processes and institutions in the two political branches of the state. The normative theory of climate constitutionalism—why should climate change be a constitutional subject on a global scale?—should address itself to the matter of how that question can be answered from a wider and more pluralistic set of normative standpoints than simply only liberalism. In other words, how can climate constitutionalism be normatively justified beyond, although not against, liberalism?"

"The climate change crisis demands a wholesale transformation of law. In this article, we consider one potential component of that transformation: the role that rights-protective statutory interpretation might play. Specifically, we analyse the transformative potential of the principle of legality. The principle of legality is a presumption of statutory interpretation that legislation should not be read as infringing fundamental common law rights in the absence of irresistibly clear statutory language. It enables courts to give statutory words their least rights-infringing meaning. The law in international fora and domestic jurisdictions now acknowledges that climate change will adversely affect human rights. We make the linkage between climate change, fundamental rights, and statutory interpretation and argue that the principle of legality may, in appropriate cases, be used to interpret legislation regulating the range of human activity, in a climate-protective way."

"How we frame environmental problems and their solutions matters. Under the UK Net Zero Strategy and the European Green Deal, climate action—as a policy- and regulatory response to climate change—is framed overwhelmingly positive and coupled with the ambitions to generate growth, facilitate innovation, improve health and wellbeing, ensure inclusiveness and much else. This is done to project climate ambitions as part of a win–win scenario where no one is left behind. Yet it is unclear how each of the different aims relate to each other, which risks creating legal dilemmas, and possibly undermining climate action altogether."

"Few policy issues will be as defining to the EU's future as its reaction to environmental decline, on the one hand, and digitalisation, on the other. Whereas the former will shape the (quality of) life and health of humans, animals and plants, the latter will define the future competitiveness of the internal market and relatedly, also societal justice and cohesion. Yet, to date, the interconnections between these issues are rarely made explicit, as evidenced by the European Commission's current policy agendas on both matters. With this article, we hope to contribute to, ideally, a soon growing conversation about how to effectively bridge environmental protection and digitalisation. Specifically, we examine how EU law shapes the options of using data—the lifeblood of the digital economy—for environmental sustainability purposes, and ponder the impact of on-going legislative reform."

"The rights guaranteed under the Aarhus Convention enable individuals and environmental non-governmental organisations (NGOs) to act to defend the environment in the public interest. In these tempestuous times, where environmental democracy faces unprecedented challenges, the Convention stands firmly as a beacon of hope to deliver better outcomes for the environment and to protect human rights. This short commentary identifies new significant developments within the Aarhus framework concerning the protection of environmental defenders, the impact of the pandemic and the application of the Convention during armed conflict. It also reflects briefly on the more general issue of implementation."

"‘Just transition' has grown into an increasingly popular concept in climate policy. During the recent decade, it has been included in both international and national climate law frameworks. The concept, however, has not received much attention from legal scholars. Addressing this gap, this article analyses the meaning and legal implications of just transition, specifically within international climate law. Against this backdrop, it shows that, following the Paris Agreement, just transition has evolved into an increasingly important concept in how climate law principles and obligations are interpreted and developed. It further highlights a substantial evolution of just transition from a labour-centred to a more comprehensive concept that helps underline the importance of implementing climate measures in a way that engages and protects affected and vulnerable people and communities."

"In February 2023, ClientEarth filed a derivative claim in the High Court of England and Wales against the Board of Directors of Shell plc for alleged breaches of their duties under the Companies Act 2006. According to ClientEarth, Shell's Board of Directors has failed to put in place an energy transition strategy consistent with the Paris Agreement, increasing the exposure of Shell plc to climate risks and hindering its long-term commercial viability. This analysis assesses the legal grounds of ClientEarth's claim in light of the UK's company law framework, and the High Court's judgements of May and July 2023 dismissing ClientEarth's application. It argues that, despite the lack of solid legal grounds for ClientEarth's derivative claim, this case may serve to advance climate-related goals. More generally, the analysis reflects on how this dispute evidences the growing gap between the objectives of environmental law on the one side and those of company law on the other side."

"In 2021, the European Union (EU) adopted the so-called European Climate Law (ECL), enshrining in law the 2050 climate-neutrality objective and upgraded 2030 emission reduction target. The ECL bears the hallmarks of what we term ‘procedural climate governance', which comprises the regulatory frameworks, instruments, institutions and processes that shape substantive climate policies and their implementation. This article identifies seven key functions of procedural climate governance—target-setting; planning; monitoring and evaluation; climate policy integration; scientific expert advice; access to justice; and public participation—and uses these for critically assessing the ECL. We argue that while the ECL has significantly strengthened important aspects of EU procedural climate governance, further reforms are needed for the EU to develop and implement the substantive policies towards a climate-neutral and climate-resilient economy and society and to bolster public support and ownership of the transition. The upcoming reviews of the ECL and the Governance Regulation provide a critical opportunity for strengthening procedural climate governance in the EU."