Search Results - "Transnational environmental law"

A Rights Turn in Climate Change Litigation? by Peel, Jacqueline, Osofsky, Hari M.

“…In 2015, a Pakistani court in the case of Leghari v. Federation of Pakistan made history by accepting arguments that governmental failures to address climate…”
Get full text

Rights of Nature, Legal Personality, and Indigenous Philosophies by Tănăsescu, Mihnea

“…This article investigates the relationship between legal personality for nature and Indigenous philosophies by comparing two cases: the Ecuadorian Constitution…”
Get full text

Stop Burying the Lede: The Essential Role of Indigenous Law(s) in Creating Rights of Nature by O'Donnell, Erin, Poelina, Anne, Pelizzon, Alessandro, Clark, Cristy

“…The rapid emergence of rights of Nature over the past decade across multiple contexts has fostered increasing awareness, recognition, and, ultimately,…”
Get full text

Regulatory Chill in a Warming World: The Threat to Climate Policy Posed by Investor-State Dispute Settlement by Tienhaara, Kyla

“…The system of investor-state dispute settlement (ISDS) found in over 3,000 bilateral investment treaties and numerous regional trade agreements has been…”
Get full text

Living in Harmony with Nature? A Critical Appraisal of the Rights of Mother Earth in Bolivia by Villavicencio Calzadilla, Paola, Kotzé, Louis J.

“…Juridical protection of the rights of nature is steadily emerging in several legal systems and in public discourse. Building on a recent publication in…”
Get full text

Climate litigation in the Global South: Constraints and innovations by Setzer, Joana, Benjamin, Lisa

“…Cases involving climate change have been litigated in the courts for some time, but new directions and trends have started to emerge. While the majority of…”
Get full text

Recognizing the Martuwarra's First Law Right to Life as a Living Ancestral Being by RiverOfLife, Martuwarra, Poelina, Anne, Bagnall, Donna, Lim, Michelle

“…Traditional custodians of the Martuwarra (Fitzroy River) derive their identity and existence from this globally significant river. The First Laws of the…”
Get full text

Should judges make climate change law? by Burgers, Laura

“…What scholars referred to as a climate change litigation 'explosion' in 2015 has today become an established movement which is unlikely to stop in the near…”
Get full text

Constitutional Law, Ecosystems, and Indigenous Peoples in Colombia: Biocultural Rights and Legal Subjects by Macpherson, Elizabeth, Torres Ventura, Julia, Clavijo Ospina, Felipe

“…The recognition of rivers and related ecosystems as legal persons or subjects is an emerging mechanism in transnational practice available to governments in…”
Get full text

Somewhere between Rhetoric and Reality: Environmental Constitutionalism and the Rights of Nature in Ecuador by Kotzé, Louis J., Villavicencio Calzadilla, Paola

“…Today, numerous constitutions provide for a rights-based approach to environmental protection. Based as they are on an instrumentalist rationality that seeks…”
Get full text

New Transitions from Human Rights to the Environment to the Rights of Nature by Borras, Susana

“…The weaknesses of our environmental laws stem in large part from the fact that legal systems treat the natural world as property that can be exploited and…”
Get full text

‘Dynamic Differentiation’: The Principles of CBDR-RC, Progression and Highest Possible Ambition in the Paris Agreement by Voigt, Christina, Ferreira, Felipe

“…The Paris Agreement has struck a careful balance between the need for ambitious and effective climate action and for fair effort sharing among parties based on…”
Get full text

Environmental Public Interest Litigation in China: A Critical Examination by Xie, Lei, Xu, Lu

“…Environmental public interest litigation (EPIL) by non-governmental organizations (NGOs) emerged in China over the last decade amidst the growing focus on…”
Get full text

Unbundling the Regime Complex: The Effects of Private Authority by Green, Jessica F., Auld, Graeme

“…The work on ‘regime complexes’ – loosely coupled regimes linked through non-hierarchical relationships – provides a lens for understanding the increasing…”
Get full text

Steps Towards a Legal Ontological Turn: Proposals for Law's Place beyond the Human by Boulot, Emille, Sterlin, Joshua

“…Environmental law remains grounded in a ‘one-world world’ paradigm. This ontological structure asserts that, regardless of variation in world-construing, all…”
Get full text

Can Nature Hold Rights? It's Not as Easy as You Think by Kurki, Visa A.J.

“…The Rights of Nature movement has recently achieved significant successes in using legal personhood as a tool for environmental protection. Perhaps most…”
Get full text

Children and Youth in Strategic Climate Litigation: Advancing Rights through Legal Argument and Legal Mobilization by Donger, Elizabeth

“…Children and young people constitute more than one quarter of all plaintiffs in rights-based strategic climate litigation cases filed globally up to 2021. This…”
Get full text

Strengthening the Transnational Regime Complex for Climate Change by Abbott, Kenneth W.

“…The inadequacies of the inter-state institutions and negotiating processes central to international climate policy create a pressing need for governance…”
Get full text

The State of the Netherlands v. Urgenda Foundation: Ruling of the Court of Appeal of The Hague (9 October 2018) by Mayer, Benoit

“…On 9 October 2018, the Court of Appeal of The Hague (the Netherlands) upheld the District Court’s decision in the case of Urgenda, thus confirming the…”
Get full text

Can the Paris Agreement help climate change litigation and vice versa? by Wegener, Lennart

“…Domestic climate change litigation is prospering across the globe to the extent of becoming a transnational phenomenon of growing importance. At the…”
Get full text