The Supreme Court of India's judgment in Vedanta Ltd v. State of Tamil Nadu and Others, affirming the closure of Vedanta's copper smelting plant in Tuticorin in southern India, concludes a long and contentious chain of litigation. The plant's troubled history and the ensuing litigation reflect contestations between economic development, environmental and social devastation, human well-being, and corporate responsibility, which are often characteristic of environmental litigation in the global south. This article analyzes the significance of the Indian Supreme Court's reliance on established constitutional rights principles as well as settled environmental jurisprudence, and highlights the relevance of this judicial pronouncement for climate litigation in the global south.

The interface of science and law is a territory frequently occupied by policymakers. In facilitating this interface, epistemic communities have become significant influencers in policymaking, especially at the European Union (EU) level, as a result of its complex multilevel governance system. In this article we assess the quality and nature of interactions between epistemic communities and EU stakeholders on the Horizon-funded project ‘PrecisionTox’, by deploying the concept of epistemic communities developed by Haas, as well as the learning modes of epistemic communities as presented and adapted by Dunlop. The overarching goal of PrecisionTox is to advance the safety assessment of chemicals by establishing a new, cost-effective testing paradigm built from evolutionary theory, which entails reduction, replacement, and refinement of mammalian testing (the 3Rs). The study shows that EU-funded projects can provide an excellent platform for building epistemic communities and forging alliances with EU policymakers, especially when novel technologies may be unlocked and socialized. This study also explores the early interaction of policymakers with epistemic communities through different forms of learning to better understand the complexities surrounding these new technologies in order to set an agenda for policy interventions.

Historiographic studies of transnational environmental law (TEL) are increasingly relevant as scholars and practitioners search for ways in which to deliver more quickly and efficiently effective regulation that is responsive to global environmental issues. This article uses new and original archival research to better locate the Convention for the Preservation of Wild Animals, Birds and Fish in Africa (1900 London Convention) in its legal-scientific historical context. Most of the scholarship on this topic draws on historian John M. MacKenzie's groundbreaking analysis of what he called ‘the hunting cult’ and its role in the imperial advance into India, Africa, and elsewhere. When viewed through the dual lens of legal history and the history of science, the late 19th and early 20th centuries represented a period of transition during which a new science-based perspective advanced by evolutionary biologists was embraced by science-minded policymakers, and expressed in domestic law and foreign policy aimed at the preservation of endangered species and the protection of biodiversity. The 1900 London Convention is an early example of a modern TEL instrument informed by science and by values that today most recognize as being critically important and universal. The new history in this article also resonates as an example of how polarizing political narratives can delay law reform and the importance of maintaining focus on collaborative problem solving and science-based regulation of complex transnational environmental issues.

This article scrutinizes the role of transparency in the United Nations Framework Convention on Climate Change (UNFCCC). Specifically, it examines a widely heard claim that ‘transparency is the backbone of the Paris Agreement’, and the assumption that mandatory transparency (reporting and review) is essential to fill potential gaps in climate action left by voluntary, nationally determined climate targets. We subject this claim to critical scrutiny by tracing the political contestations around the desired role of transparency in the UNFCCC, with a focus on mitigation-related transparency. Our analysis shows that, despite developing countries expressing concerns during the pre-Paris negotiations, the Paris Agreement's enhanced transparency framework (ETF) is almost exclusively ‘enhanced’ (compared with earlier provisions) for developing countries, with some instances of regression for developed countries. Furthermore, the effects of such enhanced reporting are not straightforward and might de facto have an impact on countries’ autonomy to nationally determine their mitigation targets in diverse ways, even as all the detailed reporting does not facilitate comparability of effort. With implementation of the ETF due to start in 2024, our analysis provides a timely exploration of the extent to which transparency is really a backbone of the Paris Agreement, and for whom and with what implications for ambitious action from all under the international climate regime. It calls into question whether the transformative potential of transparency, much extolled within the UNFCCC process, will materialize for all countries in a similar manner or rather will have an impact on countries differentially.

Storytelling is essential in climate litigation. The narratives that are told in and around legal cases shape public discourse and our collective imagination regarding the climate crisis. The stories that plaintiffs and their lawyers choose to highlight hold immense power to either reinforce or challenge dominant assumptions and worldviews. This article analyzes how storytelling has been utilized in climate lawsuits, with a particular focus on those that involve future generations. It highlights the need to craft narratives that foreground entanglement and relationality rather than notions of competing interests. We offer recommendations for strategically using storytelling and framing techniques to build public engagement, spur equitable climate action and transform legal systems.

The Well-being of Future Generations (Wales) Act 2015 is a landmark piece of sustainable development legislation and marks a significant development in the emerging legal identity of Wales. Despite the Act's significance and ambition, it has been criticized as merely ‘aspirational’ – as ‘non-law-bearing’ and unenforceable by legal means. The Act is not without difficulties. However, it also has notable legal and other qualities that are often not captured within the standard justiciability-enforceability frame of analysis. Our aim here is to broaden the context for examining the Act and other ‘aspirational’ legislation like it. To that end, we identify three sets of questions that help to bring out different ideas around the Act's varied enforceability, its possible constitutional status, and its potential role as a bearer of hope.

The expansion of soybean cultivation in South America has created substantial economic prosperity but has also raised a series of unsustainable land-use issues. Considering the telecoupling system (a system of socio-ecological interactions between distant places) between South America and its soybean trade partners, transnational governance could play an important role in addressing these issues. To achieve effective governance of this specific telecoupling system, this study applies a polycentric approach to improve the existing transnational governance and identify more suitable governance arrangements. This study first explores the telecoupling system and the existing transnational governance system of soybean land use in South America. It then compares the existing governance system with the polycentric approach to examine the gaps between them. Based on these analyses, suggestions for improving the governance system are provided, including increasing the involvement of major governance centres, improving public-private partnerships, and establishing a knowledge-sharing platform.

The scope of environmental impact assessments (EIAs) has traditionally been limited to on-site effects. This approach faces limitations when dealing with intricate value chains. Particularly for projects involving biomass-to-energy facilities, the primary environmental impacts often originate from off-site biomass production. This article considers the resulting limitations of EIAs by using two legal disputes in France as illustrative examples. In the Gardanne and the La Mède cases, French Administrative Courts sought to establish the necessity for project proponents to incorporate supply-related impacts into the EIA process. Strategies aimed at broadening the scope of EIAs, either by expanding the assessed project boundaries or by invoking the concept of cumulative impacts, were not deemed the most relevant approaches. Instead, the concept of ‘indirect impact’ emerged as a valuable tool for incorporating supply-related impacts. However, to prevent the indirect impact concept from being disregarded as too ambiguous or ineffective, it should be complemented by precise criteria to determine whether an impact may be considered indirect. We study these avenues within the broader evolving landscape of EIA laws, and by exploring ways to harmonize EIAs with other regulatory instruments governing value chains.

Awareness of agricultural climate impacts is growing. In the European Union (EU), the agricultural sector is responsible for significant greenhouse gas emissions while continuing to receive considerable EU budgetary support. A large share of agricultural emissions is linked to livestock husbandry, a sector the direct and indirect climate impacts of which the EU's ‘green’ agricultural policies have historically ignored. This blind spot extends to the sizeable global deforestation footprint from EU livestock feed imports that remains unaddressed, despite the EU's aspired status as a global climate leader and major global agricultural market player. This article benchmarks the evolution of EU agri-climate legal and policy developments, using livestock emissions as a case study to highlight the importance of learning from the successes and failures of the EU experience, to realize future attempts to tackle global agricultural emissions.

The Energy Charter Treaty (ECT) is one of the best-known and most controversial of the international investment treaties. The energy transition necessary to achieve the Paris Agreement climate target will require large and sustained flows of investment capital. Scholars, environmentalists, industry representatives, and governmental officials have intensively debated the modernization of the ECT. The main point of contention is whether the ECT can facilitate the energy transition or whether it entrenches fossil lock-in in unsustainable and unjust ways. This article proposes a comprehensive and integrated approach to the ECT, guided by the theoretical matrix of Earth system law scholarship. Our analysis reveals that the ECT cannot address contemporary socio-ecological challenges, but rather it remains a sectoral piece of a supranational economic constitution far removed from the most pressing exigencies of the Anthropocene.

Climate change litigation is developing rapidly and pervasively, emerging as a space for legal innovation. Until now, this process has occurred mainly in national courts. The result is a decentralization of the interpretation of human rights relating to climate change. This article argues that such decentralization could, in principle, have a destabilizing impact on claims to the universality of human rights. However, close examination of this litigation shows that a prototype is emerging, certain features of which are becoming ‘hard wired’ through the process of judicial dialogue. By exploring the content of this prototype, its decentralized development, and its self-reinforcing nature, we see a legal space emerging in which environmental human rights sit between the universal and the contextual.

Recent years have seen a sharp increase in the number of cases being brought before national courts addressing the constitutional rights of children and future generations (FG) in the context of environmental protection. These cases have required courts to devote increasing attention to a wide-ranging and complicated array of constitutional rights claims involving the short- and longer-term impacts of environmental harm on children and FG. This article argues that both litigation and judicial efforts in this area have been hampered by the lack of precision of definitions of ‘future generations’ under comparative constitutional and international human rights law, in particular vis-à-vis children. This lack of precision poses a major challenge to both the delineation and enforcement of rights claims in the context of such litigation. After outlining how these cases are being brought and how courts are addressing (or not) the complexities involved in defining children and FG respectively, the article highlights the lack of authoritative definitions of FG in comparative constitutional law – a lacuna that, the author argues, is exacerbated by the ongoing lack of a clear definition of FG in the international human rights law context. The article concludes by identifying key challenges faced by litigators and courts seeking to engage with the rights of children and FG that result from this definitional gap.

States have long been understood to have an obligation to protect the international legal rights and interests of others, consistent with the maxim sic utere tuo ut alienum non laedas (use what is yours in such a manner as not to injure that of another). As the world's population becomes more interdependent, this no harm obligation becomes more significant. Further, as knowledge increases about the consequences of human activity for the climate and the environment, the no harm obligation takes on greater relevance vis-à-vis the interests of the Earth's future populations. Future generations’ legal interests have been recognized in the context of sustainable development and through the principle of intergenerational equity. The no harm rule requires that these interests be properly considered and addressed appropriately, commensurate with what is at stake. At a minimum, this may require avoidance of ‘manifestly excessive adverse impacts’.

The rationale behind state support for, and obedience to, normative rules and obligations has long been a topic of international law scholarship discourse. What has yet to be fully established, however, is why virtually all states have agreed to adhere to a seemingly novel global paradigm with ambitious yet non-binding objectives – the United Nations 2030 Sustainable Development Goals (SDGs). This article identifies six factors as contributing to the influencing power of the SDGs – namely, the role of law, particularly inter- and transnational law, the legitimacy of the framework, the notion of reciprocity, reputational concerns, national self-interest, and the moral duty to address the shared global challenges of sustainable development.

By exploring their strengths and limitations through several theoretical frameworks (including Harold Koh's theory of transnational legal processes, Thomas Franck's theory of legitimacy, and Ryan Goodman and Derek Jinks’ three mechanisms of social influence), this article argues that the combination of these factors motivates voluntary state commitment, reporting, and cooperation under the SDG framework and that, overall, the SDGs offer a versatile lens to explore the different motives for state adherence to a soft law framework in the inter- and transnational legal spheres.

Hydrogen is playing an increasingly important role in China's energy and climate policy, with significant implications for the development of a global hydrogen industry. However, China's approach to the regulation of hydrogen, and, in particular, the role of local authorities in promoting hydrogen refuelling stations and fuel cell vehicles, has so far received limited scholarly attention. This article aims to contribute to the literature on hydrogen regulation and to the transnational environmental law scholarship on decentralization by examining how China promotes hydrogen at the national and local levels. The case of China shows how, in jurisdictions with a sufficient degree of decentralization, local initiatives can play a key role in driving the development of hydrogen. By testing different approaches to hydrogen regulation, local experimentation helps to manage the uncertainties associated with this new energy source. At the same time, China's experience confirms the ‘environmental federalism’ theory on the importance of regulatory harmonization to reduce transaction costs and local protectionism. As the Chinese government develops its national regulatory approach on hydrogen, it has the opportunity to take into account both local and international experience and engage with other major economies in an effort to promote an internationally harmonized regulatory landscape.

Climate policies are often evaluated using criteria that are heterogeneous and misaligned with the stated aims of these policies. By combining legal research methods with insights from economic theory, we systematically map and analyze the legal objectives of the European Union (EU) Emissions Trading System (ETS), a key climate policy instrument. We find that the EU ETS is shaped by a nuanced internal normative framework, the principal goal of which is emissions reduction, combined with three secondary goals of cost-effectiveness, economic efficiency and equity, and a meta-goal of coherence. Based on the contents and interrelations of these legal objectives, we formulate evaluation criteria that can be used to critically analyze and evaluate the EU ETS performance in a more comprehensive, transparent, and comparable manner. The resulting methodology is applicable to other environmental policies and jurisdictions.

In civil law jurisdictions, plants have traditionally been classified as ‘objects’ (or ‘things’) under private law, reflecting an age-old tendency, certainly in the Western world, to underestimate and undervalue plants. Recent legal debates increasingly acknowledge the special nature of plants. Perhaps the most eye-catching debate in this context is the one on Rights of Nature, which have much potential but pose some practical and conceptual challenges. We propose an additional way of acknowledging the special nature of plants in a legal context: de-objectifying plants in private law and thereby explicating that they are not mere objects. Numerous civil codes already separate animals from objects, often – though not exclusively – based on the sentience of animals. Recent scientific research suggests that plants may be sentient, too. We aim to open the debate on the de-objectification of plants, based on their sentience, in civil codes as a feasible and unobtrusive way to acknowledge in law that plants are living beings, and more than mere things.

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.

Floods are not merely ‘natural’ disasters; rather, they emerge as socio-natural phenomena shaped by political, social, and economic processes. Law plays a pivotal role in producing and sustaining these processes and contributes to the creation of unjust environments. Drawing on political ecology and environmental history, this article analyzes the role of law and its interactions with colonialism and capitalism in the Damodar river valley in Eastern India. The Damodar river valley is an intensely engineered and hazardous region, a site of multiple interventions and developmental and ecological experiments for over a century. Colonial and post-colonial legacies have left a lasting imprint on legal, policy, and institutional frameworks, establishing a path-dependent trajectory for addressing future climate change adaptation challenges. While focusing on a specific case study, the article's approach and findings have broader significance, especially in the context of climate adaptation. The central argument underscores the need to understand the political and legal dimensions of flooding, and reinforces the need for a shift beyond incremental adjustments that do not tackle the underlying structures that produce the injustices associated with floods. It highlights the importance of ‘transformative adaptation’ approaches that address the root causes of climate-related disasters, such as restructuring power relations between actors, reconfiguring governance structures, and scrutinizing ideologies that mediate how water is used and distributed.

This article asks whether the abandonment of drifting fish aggregating devices (dFADs) is illegal under international marine pollution law. To answer this question, it provides a brief overview of the general international legal framework for the protection of the marine environment as well as specific legal regimes, namely the London Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (LC), its 1996 Protocol (LP), and Annex V of the International Convention for the Prevention of Pollution from Ships (MARPOL). The article concludes that the abandonment of dFADs contravenes the LC/LP and/or, depending on the preferred interpretation, MARPOL Annex V. The decision as to which of the two regimes is applicable depends on whether dFAD abandonment can be classified as ‘incidental to, or derived from the normal operations of vessels … and their equipment’ or not. The negligent loss of dFADs always violates MARPOL Annex V. The article also shows that certain state practice and opinio juris suggests a parallel applicability of the two regimes with respect to deliberate dFAD abandonment. While such a development would ensure more comprehensive coverage of the relevant standards and prohibitions, a clear regulatory decision as to which of the two regimes is the correct one would be preferable from an implementation and enforcement perspective.