Green Wood and the Future of Environmental Law

2021 ◽  
pp. 173-186
Author(s):  
Robert Jay Goldstein
Keyword(s):  
Environmental Law ◽  
Green Wood ◽  
The Future

scholarly journals Mapping post-Brexit environmental law

ERA Forum ◽  
2020 ◽  
Vol 21 (4) ◽  
pp. 655-665
Author(s):  
Colin T. Reid
Keyword(s):  
Environmental Governance ◽  
Environmental Law ◽  
Legal Recognition ◽  
The Future ◽  
Policy Objectives ◽  
The Uk ◽  
The Eu ◽  
Future Position ◽  
The Way

AbstractThe UK’s withdrawal from the EU will not bring about immediate changes to the substance of environmental law in the UK, but that law will become easier to change. The future position is complicated by devolution within the UK, where differing policy objectives on continuing alignment with the EU and weaknesses in the inter-governmental structures are causing problems. Environmental principles are being given legal recognition and new structures for environmental governance being created for each nation. These include environmental watchdogs that go some of the way to making up for the loss of the oversight provided by the EU institutions.

scholarly journals Transnational Environmental Law's Missing People

2019 ◽  
Vol 8 (3) ◽  
pp. 463-488 ◽  
Author(s):  
Natasha Affolder
Keyword(s):  
Environmental Law ◽  
Legal Scholarship ◽  
The Future ◽  
Human Actors ◽  
Roll Back ◽  
Individual Professional

AbstractLegal scholars rely heavily on vocabularies of ‘actors’, ‘agents’, and ‘experts’ to account for the fact that law does not develop by itself. However, the identities, idiosyncrasies, and individual professional contributions of law's people are rarely illuminated. This article suggests that the relative absence of people in transnational legal scholarship helps to explain some of its gaps. The task of bringing ‘human actors back on stage’ creates some new opportunities for transnational environmental law scholarship. It invites attention to both dominant and excluded voices. It offers a way of bridging the gap between the bureaucratic language of law and its lived reality. It also provides an understanding of why, despite ferocious attempts to roll back the advances of environmental law in some places, many scholars and practitioners find reason to be optimistic about the future of environmental law.

The Implications of Brexit for Future EU Environmental Law and Policy

elni Review ◽  
2017 ◽  
pp. 11-16
Author(s):  
Céline Charveriat ◽  
Andrew Farmer
Keyword(s):  
Environmental Law ◽  
Law And Policy ◽  
The Future ◽  
Overseas Country ◽  
The Subject ◽  
Overseas Territories ◽  
The Uk ◽  
The Impact ◽  
The Eu ◽  
Environmental Law And Policy

Brexit is an unprecedented event for the EU. No Member State has ever left the Union previously. At most, overseas territories with small populations have changed status, such as Greenland (Denmark) in 1985 and the Outermost Region Saint Barthélemy (France), which became an Overseas Country and Territory (OCT) in 2012. These cases may have limited lessons for the UK adapting its legislation post-Brexit, as they did not impact EU decision making and law and, therefore, are not precedents for the subject of this paper. There has been quite a lot of analysis on the possible consequences of Brexit for the future of UK environmental law. However, less attention has been given to the implications Brexit may have for the future of EU environmental law and policy. This paper presents some thoughts on this subject. It begins with a consideration of the impact of Brexit on the general political and economic atmosphere of EU environmental policy making. The paper then considers the issues of trade and the external border. Some specific policy areas are examined, including chemicals, climate policy and agriculture. The paper ends by considering the implications of a possible future dispute mechanism with the UK.

Fairness and International Environmental Law from Below: Social Movements and Legal Transformation in India

2012 ◽  
Vol 25 (2) ◽  
pp. 415-441 ◽  
Author(s):  
KISHAN KHODAY ◽  
USHA NATARAJAN
Keyword(s):  
Developing Countries ◽  
Social Movements ◽  
Environmental Law ◽  
Extractive Industries ◽  
Law Reform ◽  
International Level ◽  
International Environmental Law ◽  
Law And Development ◽  
The Future ◽  
Domestic Law

AbstractThis article considers fairness in international environmental law (IEL) in light of the convergence of two contemporary phenomena: the rise of social movements and the increasing power of large developing countries. These two trends will be determinative for the future of IEL. They have brought issues of fairness, equity, and justice to the forefront of contemporary IEL debates. Despite inability to adequately address issues of fairness at the international level, as demonstrated by negotiating gridlock at international summits, IEL can evolve in more equitable directions through the influence of subaltern experiences. This article examines domestic law-reform efforts of Indian social movements, focusing particularly on indigenous movements responding to extractive industries, with a view to determining international implications. The way states such as India address environment-related conflict, respond to demands for fairness, and evolve domestic understandings of inclusive and sustainable law and development will increasingly shape IEL.

Sign in / Sign up

Export Citation Format

Share Document