Folkeret: miljø

Klimaændringerne rammer nu med ubønhørlig kraft. Samtidig eskalerer den økonomiske ulighed mellem mennesker i de fleste lande. Denne dobbelte har udløst to bevægelser: De unges klimaoprør for at få forældregenerationen til at tage ansvar samt et spirende socialt oprør med krav om retfærdig omfordeling – tilsammen et krav om grundlæggende forandringer af måden, vi har indrettet økonomien og samfundet på. I SOM GJALDT DET LIVET advarer Jørgen Steen Nielsen om de truende perspektiver, beskriver det nye oprør og appellerer om reaktivering af demokratiet og aktiv inddragelse af borgerne som eneste vej ud af den dobbelte krise. Er det muligt? ”Vi ved ikke, at det er umuligt,” svarer forfatteren. Jørgen Steen Nielsen (f. 1952) er biolog, forfatter, tidligere chefredaktør og mangeårig miljøjournalist på Dagbladet Information, hvor han har dækket den økologiske krise i mere end 30 år. Vinder af Cavlingprisen i 2003. Forfatter til Fra Frihedens slagmarker (2004), Den store omstilling – fra systemkrise til grøn økonomi (2012), På den anden side – en rejse i omstillingens grænseland (2015), og Hvad skal vi med landbruget? (2016).

Klimaloven er rammen for statens indsats for at reducere udledningen af drivhusgasser og skabe et klimaneutralt samfund. Loven regulerer også Klimarådets virke. Lovkommentaren uddyber lovens indhold og kontekst, herunder Paris-aftalen og EU-retten, samt perspektiverne i klimaretssagers potentiale for at fremme klimamål. Forfatterne er Thomas Andersen Thrane, General Counsel, Head of Legal, i en dansk virksomhed inden for grøn transport. Han har tidligere beskæftiget sig med klima-, energi-, forvaltnings- og EU-ret. Peter Bjerregaard er markedsreguleringschef i energisektoren og har tidligere været udpeget til regeringens nationale energikrisestab (NEKST).

This edited volume explores the principle of solidarity in international and EU law. Although the concept is regularly invoked in international and EU legal and policy debates alike, its meaning, nature and functions, as well as normative contours still remain nebulous.The contributions in this volume reflect on the legal trajectory of solidarity in international and EU law and offer unique insights into the evolution and status of the principle in different fields of international and EU law. By doing so, the book also serves as a springboard for answering broader questions pertaining to what the stage of development of this principle may imply for the two legal orders and their interaction.As the chapters of this book show, the debate on solidarity is premised on conflicting visions regarding the values underpinning the international legal order as well as the self-interest or community-oriented driving forces behind States' action at the international level. The regional (EU law) perspective offers a new lens through which to revisit classic questions pertaining to the nature of modern international law and to assess its continuing relevance in a world of regional organizations presenting different visions (and levels) of co-operation.This book, the second volume to appear in the Global Europe Series, will appeal to international and EU law researchers and policy-makers alike with an interest in the nature and function of the principle of solidarity in international and EU law.Eva Kassoti is Senior researcher in EU and International Law at the T.M.C. Asser Institute in The Hague, The Netherlands and the Academic Co-ordinator of CLEER.Narin Idriz is Researcher in EU Law at the T.M.C. Asser Institute in The Hague, The Netherlands.

Das Buch analysiert die Möglichkeit der Normierung eigener Rechte der Natur in der deutschen Rechtsordnung. Als Inspiration hierzu wird der Vergleich zur Eigenrechtsgesetzgebung in Neuseeland gezogen. Neuseeland normierte als eines der ersten Länder der Welt eigene Rechte der Natur, indem das Land den Te Urewera Wald und den Whanganui Fluss als Rechtssubjekte gesetzlich anerkannte. Die Gesetzgebung wurde weltweit als umweltrechtliche Pionierleistung gefeiert. In Zeiten der Klima- und Biodiversitätskrise liegt daher der Gedanke nahe, auch im deutschen Rechtssystem über die rechtliche Aufwertung der Natur nachzudenken. Die Arbeit befasst sich daher mit der Frage, ob Rechte der Natur nach neuseeländischem Vorbild in Deutschland sowohl rechtlich zulässig als auch geboten und erforderlich sind.

Global climate constitutionalism is seen as a possible legal answer to the social and political unwillingness of states to effectively tackle climate change as a global problem. The constitutionalisation of international climate law is supposed to ensure greater participation of non-state actors such as NGOs or individuals and a rollback of state sovereignty where states do not care about meeting their climate commitments. This book addresses the question of whether non-state actors such as NGOs or individuals create international climate law through so-called climate change litigation. Against the background of Peter Häberle's theory of the ¿open society of constitutional interpreters¿, four selected cases (Urgenda v Netherlands, Leghari v Pakistan, Juliana v United States of America, Future Generations v Colombia) are used to examine how actors not formally recognized as subjects of international law (re)interpret national and international law and thereby contribute to the constitutionalisation of the international climate law regime.

This book focuses on renegotiating extractive contracts to align with the net-zero goals. It delves into extractive contract negotiations in four ways which collectively represent a major research gap in literature. It focuses on extractive contract provisions and examines their alignment with net zero goals, suggesting how these provisions could be re-negotiated to ensure an effective energy transition. Consequently, the book assesses how contractual provisions are responding to, or reflecting energy transition scenarios, and highlights areas to be included or strengthened that will be beneficial for all energy stakeholders. This book goes on to discuss the energy transition global landscape. Through the presentation of case studies from different countries, the book assesses the transition risks in extractive contracts, and it uniquely provides the negotiation tools and strategies to address these transition risks.

This book explores how judiciaries in different parts of the world are responding to climate change and how climate change intersects with the law. It offers feminist approaches to the judicial responses to climate change in the Global South, providing both jurisdictional and thematic reviews. Climate change is one of the most pressing global issues facing humankind, and is currently reshaping geopolitics, governance, law, and international relations around the world.The book¿s originality lies in its endeavour to highlight judicial perspectives on climate change from prominent female researchers who have been working on this subject professionally and/or academically, bringing both regional and international views to the subject. The main objective is to give a new meaning to the study of climate change by bringing together the most recent aspects, including climate litigation, eco-constitutionalism and the environmental rule of law, climate and environmental justice, climate geopolitics and climate governance.The book will be of interest to students, academics, and scholars of climate law and environmental law around the world.

This book critically analyses the availability of environmental counterclaims in investment arbitration presented by the respondent host state against the claimant investor. It starts from the premise that the conflicting relation between investment law and environmental protection cannot always be avoided. Yet, the instrument of environmental counterclaims in investment arbitration might alleviate such relation. Throughout its chapters, this book addresses the questions about the societal and practical relevance of seeking redress for environmental damage in investment arbitration, the functioning of such instrument both in contract-based and treaty-based investment arbitration, the suitability of arbitral tribunals to rule upon environmental issues, and the kind of environmental damages that could be redressed. Most importantly, by deconstructing the requirements of jurisdiction, connection between main claim and counterclaim, and cause of action, this book provides the tools for there-conceptualisation of the instrument of counterclaims with the hope of harnessing its utility to achieve appropriate redress for environmental damages caused by foreign investors.

This book comprehensively discusses the role that non-state actors play in the Arctic and assesses the normative role of these actors. Beyond any organised forum, there are actors that have a significant impact on the way the Arctic is developed, adjudicated, managed, perceived, presented and represented. This book complements the literature on non-state actors in international law and international security, world politics and international relations and provides a geographical account of their role for the Arctic. The book content is not limited to a specific discipline, but takes into account different approaches to the topic. This means that it contains three types of contributions: research articles, shorter research notes and commentaries. While the research articles constitute the main body of the work, it is also the research notes which provide an insight into issues related to the topic of the book.

This book is about environmental and climate legal protection in the energy transition. The Paris Agreement has a binding commitment of holding the global temperature increase to 2(deg)C while pursuing efforts to limit it to 1.5(deg)C. To cope with the negative effects of climate changes and mitigate greenhouse gas emissions, one of the primary responses has been the deployment of renewable energy sources, transiting from fossil fuels to sustainable electricity production. However, renewable energy sources can also cause significant environmental impacts. Wind energy, for instance, can impact biodiversity, such as birds and bats, killing them when colliding with turbines and affecting their migration and nesting.This results in conflicts in environmental law.  This book questions whether, in the energy transition, the generation of electricity from renewable sources to protect the climate is compatible with the protection of the environment, both interests in environmental law.To address this question, this book follows a legal-environmental perspective and assesses the common problem of solving those internal environmental conflicts in Brazilian and German law to understand and compare whether and how both legal systems solve the conflicts by compatibilizing the protection of the climate with other environmental interests. The legal analysis focuses on land-use planning and environmental licensing, assessing similarities and differences, and evaluating the results, identifying what one country can learn from the other.

This textbook is intended to be used in an upper-level international environmental issues class as part of the American Environmental Studies and Sciences book series. This class is commonly taught at both the undergraduate and graduate level as part of either an environmental studies program, a political science program, or within a policy track of an environmental science program.Given the length of time that negotiations have occurred, a new generation of students and practitioners will need to understand the complex processes that produced many of our environmental treaties. The majority of the students in environmental studies do not have a background in political science. Moving from a political science approach to an interdisciplinary approach will benefit the students by making the material more accessible.As these fields continue to grow and develop, regulatory compliance becomes increasingly important. Thus, this book is aimed at adding a business and industry perspective to this field where appropriate.

This volume of the Netherlands Yearbook of International Law (NYIL) addresses the question how the assumption that states have a common obligation to achieve a collective public good can be reconciled with the fact that the 195 states of today's world are highly diverse and increasingly unequal in terms of size, population, politics, economy, culture, climate and historical development.  The idea of common but differentiated responsibilities is on paper the perfect bridge between the factual inequality and formal equality of states. The acknowledgement that states can have common but still different - more or less onerous - obligations is predicated on the moral and legal concept of global solidarity.  This book encompasses general contributions on the function and the content of the related principles, chapters that describe and evaluate how the principles work in a specific area of international law and chapters that address their efficiency and broader ramifications, in terms of compliance, free-rider behaviour and shifting balances of power.  The originality of the book resides in the integration of conceptual, comparative and practical dimensions of the principles of global solidarity and common but differentiated responsibilities. The book is therefore highly recommended reading for both academics with a theoretical interest and those working within international organisations. The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles in a varying thematic area of public international law.

The book rethinks the means of harmonization of prima facie norm conflicts in light of the multitude of international agreements across regimes. The methodology deployed in this book, which is referred to as complementation or complementary application, represents a novel approach by focusing on commonly shared objectives and a unifying ordre public transnational across fields of public international law that allow for a harmonization beyond traditional treaty interpretation. Fields of public international law, mainly the laws of armed conflict, international environmental law, and human rights law, apply simultaneously to questions regarding the environment and war. Such a coexistence challenges the unity of the international legal order, and it also challenges the means of harmonization across fields of public international law. However, eventually, the co-existence of several fields of public international law can result in a refinement of international law and enhanced legal protection. Diversification can also contribute to clarification or normative intensification in areas of parallel application of various fields and multilayered legal protection, demonstrating a counter-option to fragmentation.

This book presents an important discussion on land tenure rights for the effective implementation of sustainable soil management provisions. It investigates a variety of aspects, such as the clash of modern and traditional tenure concepts, forms of illegal or illegitimate land acquisition, and the preconditions for legal and legitimate investments. In addition, the book analyses the challenges to ensuring secure land tenure rights in Africa and in Germany. Lastly, it provides information on the role of women in this context.This fifth volume of the International Yearbook of Soil Law and Policy is divided into four parts, the first of which deals with various aspects of the theme "e;Land Tenure Rights and Sustainable Soil Management"e;. The second part covers recent international developments, the third part presents regional and national reports, and the fourth discusses overarching issues. Given the range of key topics covered, the book offers an indispensable tool for all academics, legislators and policymakers working in this field.The "e;International Yearbook of Soil Law and Policy"e; series discusses central questions in law and politics with regard to the protection and sustainable management of soil and land - at the international, national, and regional level.

This book offers readers an accessible and broad-ranging guide to Environmental Public Interest Litigation (EPIL), which has burgeoned in China over the past decade. The aim of this book is to provide a systematic review of Chinese experiences with EPIL in environmental matters, both with a view to gauging its success to date and well as discussing some more critical aspects. To this end, the book systematically examines the establishment and development of EPIL in China's legal, social, and political contexts. It examines particularly the significant role and functions of EPIL in China's environmental governance, and the far-reaching impacts on Chinese civil society and governments. It also offers readers an insiders' perspective in terms of procedural and substantive issues with respect to EPIL, by reviewing the institutional designs, theoretical underpinnings and specific mechanisms, the roles of various participants and stakeholders involved in this legal process. At the same time,it studies leading EPIL cases raised from environmental pollution, natural resource damage and ecological damage, and the effectiveness of environmental adjudication that sustains EPIL as a new form of judicial instrument. This book is written to remedy the gap between Chinese and English literature in this area of law. The analysis of these issues, through a historic and comparative perspective, reveals the strengths and weaknesses of the current legal regime and serves as a basis for recommendations for bringing about more effective EPIL in China.

The expansion of cross-border power transmission infrastructures and the regional integration of electricity markets are accelerating on several continents. The internationalization of trade in electric energy is embedded in an even greater transformation: the transition from fossil fuels to renewable energies and the race to net zero emissions. Against this backdrop, this book provides a comprehensive examination of the regulatory framework that governs the established and newly emerging electricity trading relations.Taking the technical and economic foundations as a starting point and thoroughly examining current developments on four continents, the book provides a global perspective on the state of the art in electricity market integration. in doing so, it focuses on the most relevant issues including transit of electricity, quantitative restrictions, market foreclosure and anti-competitive practices employed by the actors on electricity markets. In turn, the book carefully analyzes the regulatory framework provided by the WTO Agreements, the Energy Charter Treaty and other relevant preferential trade agreements. In its closing section, it moves beyond the applicable legal architecture to make concrete proposals on the future design of global trade rules specifically tailored to the electricity sector, which could provide a more reliable and transparent framework for the multilateral regulation of electricity trade.

This book provides empirical evidence that all States have a universally binding obligation to adopt national laws and international treaties to protect the marine environment, including the designation of Marine Protected Areas. Chapter by chapter this obligation is detailed, providing the foundation for holding States responsible for fulfilling this obligation. The fundamentals are analysed in a preliminary chapter, which examines the legally binding sources of the Law of the Sea as well as its historical development to help readers understand the key principles at hand.The Law of the Sea provides more than 1000 instruments and more than 300 regulations concerning marine protection. While the scope of most treaties is limited either regarding species, regions or activities, one regulation addresses States in all waters: the obligation to protect and preserve the marine environment as stipulated under Art. 192 of the 1982 United Nations Convention on the Law of theSea (UNCLOS). As this ¿Constitution of the Ocean¿ not only contains conventional laws but also very broadly reflects pre-existing rules of customary international law, an extensive analysis of all statements made by States in the UN General Assembly, their practices, national laws and regulations as well as other public testimonials demonstrates that Art. 192 UNCLOS indeed binds the whole community of States as a rule of customary international law with an erga omnes effect. Due to the lack of any objections and its fundamental value for humankind, this regulation can also be considered a new peremptory norm of international law (ius cogens).While the sovereign equality of States recognises States¿ freedom to decide if and how to enter into a given obligation, States can also waive this freedom. If States accepted a legally binding obligation, they are thus bound to it. Concerning the specific content of Art. 192 UNCLOS, a methodical interpretation concludesthat only the adoption of legislative measures (national laws and international agreements) suffices to comply with the obligation to protect and preserve the marine environment, which is confirmed by the States¿ practices and relevant jurisprudence. When applied to a specific geographical area, legislative measures to protect the marine environment concur with the definition of Marine Protected Areas. Nonetheless, as the obligation applies to all waters, the Grotian principle of the freedom of the sea dictates that the restriction of activities through the designation of Marine Protected Areas, on the one hand, must be weighed against the freedoms of other States on the other. To anticipate the result: while all other rights under the UNCLOS are subject to and contingent on other regulations of the UNCLOS and international law, only the obligation to protect and preserve the marine environment is granted absolutely ¿ and thus outweighs all other interests.