In Indonesia, swidden practices have been part of traditional rice farming for centuries. Swidden agriculture is a fundamental part of all remaining large tropical forests and provides a critical form of biodiversity-friendly agriculture. Meanwhile, peatland degradation and land conversion for oil palm plantation and agriculture have created an annual transboundary environmental disaster in Southeast Asia. This article adopts a transnational lens to highlight the complex multi-scale interactions that perpetuate recurring transboundary air pollution in the region. Having examined the traditional practices of swidden agriculture in Central Kalimantan and South Sumatra (Indonesia), the article reveals that swidden agriculture has been misunderstood generally, and in particular in international and national law and policy. It argues that existing laws fail to identify the important role that swidden agriculture plays in sustainable ecosystem management and cultural expression. Nuanced understandings of fire use, alongside transnational multi-stakeholder and multi-scale approaches, are required.

This article maps the shared legal anatomy of climate and environmental lawsuits, in which plaintiffs claim protection for future generations before domestic or international courts. By closely analyzing the litigation strategies of plaintiffs and the inquiry of courts, the article argues that these proceedings revolve around structurally similar legal standards across domestic and international jurisdictions, which correspond to five normative requirements flowing from the rule of law: namely, respect for human rights, certain quality of law requirements, prohibition of arbitrary exercise of governmental powers, non-discrimination, and access to justice. The cross-jurisdictional analysis shows that courts appear to be increasingly willing to protect future generations against arbitrary treatment by present-day decision makers. The article appraises whether such an intergenerationally sensitive reinterpretation of the rule of law could help to change the short-termist paradigm of environmental and climate law.

Over the past years, two important challenges to traditional conceptions of international law have come to the fore: pluralism and informality. Pluralism refers to the fact that global society is characterized by multiple legal systems that frequently overlap. Informality refers to the increasing relevance of non-traditional actors, processes and outputs in the realm of international law. Two recent books provide important contributions to enhancing our understanding of these challenges. In the first book, Nico Krisch presents a powerful plea that in a ‘postnational’ context legal pluralism is to be preferred over its alternative, transferring constitutionalism to the global level. In the second book, Joost Pauwelyn, Ramses Wessel and Jan Wouters offer a collection of essays that seek to further knowledge of the concept, legal nature, impacts and accountability of ‘informal international lawmaking’. In reviewing these two books, this review essay seeks to identify avenues for further inquiry in the area of transnational environmental law.

Climate change uniquely affects those who are at the intersection of several inequalities simultaneously, such as those based on gender, age, and disability. This makes them ‘directly affected’ by climate change, which is crucial in establishing ‘victim status’ under Article 34 of the European Convention on Human Rights. At the same time, as a result of unequal power relations, intersectional victims face exclusion from, or minimal participation in, political decision-making processes concerning climate change. This further justifies their claim to victim status as a matter of procedural climate justice. As agents of change, intersectional victims, namely elderly women and girls with disabilities, can be empowered to contribute to climate decision making, thereby reshaping unjust power relations. The article examines two climate cases currently before the European Court of Human Rights: Verein KlimaSeniorinnen Schweiz and Others v. Switzerland, brought by elderly women, and Duarte Agostinho et al. v. Portugal and 32 other States, brought by children and young people.

Over the course of 2021, several local councils across the island of Ireland introduced motions recognizing the ‘Rights of Nature’. To date, little research has been conducted into these nascent Rights of Nature movements, even though they raise important questions about the philosophical, cultural, political, and legal drivers in pursuing such rights. Similarly, much remains unclear as to the implications of such initiatives, both in their domestic context and for Rights of Nature movements around the world. This article contributes to addressing this gap by exploring these themes through an analysis of interviews with key stakeholders conducted across the island of Ireland in June 2022. In particular, it explores the impact of international movements, colonial legacies, cultural heritage, and years of inadequate environmental governance, in motivating local councils to pursue a Rights of Nature strategy.

Groundwater is a largely unseen common pool resource. Yet, driven by strong economic incentives, whether or not encouraged by existing policies, and the difficulty to exclude others, groundwater users are competing with each other to extract as much as possible, with devastating consequences for its sustainability. The challenges faced for sustainably managing such common pool resources, on which people have established de facto individual rights, are manifold. However, creating a market for trades of some kind in ecosystem services associated with groundwater could actually enhance the protection of this critical resource on the basis that protection can benefit individual groundwater users economically as well as provide a broader public good. This article uses Elinor Ostrom's design principles as an analytical tool to examine how market-based approaches such as payments for ecosystem services (PES) fit with some of the governance models that could be used to protect and enhance groundwater as a common pool resource. It argues that while there are specific design challenges to be overcome, PES as an institutional tool can align with Ostrom's ideas for the governance of groundwater.

International nature protection law has developed without a coherent plan, with disparate governance instruments each largely evolving within their own separate sphere. Yet, many other issues are closely linked to the challenges of nature degradation, such as developmental challenges, climate change, food security and food safety, disease prevention, and rural poverty. These interconnections have partly been recognized in Agenda 21 and more recently in the Aichi Biodiversity Targets. This response commentary draws on and extrapolates further the conclusions of Patricia Farnese in ‘The Prevention Imperative’, published in this issue of Transnational Environmental Law, and argues for a more coherent approach and effective leadership in this area of global regulation, along with a more flexible and holistic approach to governance responses.

This article argues that the Rights of Nature (RoN) framework is compatible with various ideological outlooks and political options. As a result, those initiatives may translate into extremely diverse institutional implementations with contrasted outcomes in terms of power distribution. The institutional design of RoN has deep political implications for various social groups who hold conflicting claims over certain territories. Hence, rather than transforming human-nature relations, RoN primarily transform the power relations between human communities. I delve into three conceptual frameworks that could shape the recognition of RoN and explore their respective distributive implications: green colonialism, environmental justice, and the focus on Indigeneity. Through this critical engagement, I wish to warn against the illusion of a post-political ecology where an ecocentric legal declaration would deliver human-nature harmony without deep political battles, social tensions, and economic confrontations. RoN as an abstract notion does not offer a ready-made toolkit to dismantle the legal architecture of fossil capitalism; nor does it provide clear guidance on the distribution of costs and benefits of the green transition.