OUP Blog Articles from JEL
In the lead-up to the November workshop, Re-Imagining Environmental Law in an Age of Sovereignty and Control: Workshop, speakers have reflected on the way Brexit may impact environmental law.
Climate Change and the Rule of Law: Blog Series
In preparation for JEL's September 2016 events on Climate Change and the Rule of Law
Climate change in the courts: challenges and future directions
"In this fast-moving field, legal academics and legal experts have an important task, now and ahead, in reflecting on how adjudicative processes are accommodating the disruption that climate change inevitably brings to legal systems."
Read the full blog post by Ioanna Hadjiyianni, Stephen Minas, and Eloise Scotford here.
What is climate change law?
"Some years ago Dave Markell and I noticed that commentary on climate change law was devoting a tremendous amount of attention to a small handful of judicial opinions as being representative of trends in climate change litigation, whereas inventories of climate change litigation, such as the Columbia Law School’s Sabin Center blog, included hundreds of active and resolved cases."
Read J.B. Ruhl's post here.
The Urgenda decision: balanced constitutionalism in the face of climate change?
"Over the coming months and years, much will undoubtedly be written about Urgenda v Netherlands, the decision by a District Court in the Hague ordering the Dutch Government to ‘limit or have limited’ national greenhouse gas emissions by at least 25% by 2020 compared to the level emitted in 1990. A full analysis of the decision is due to appear in the Journal of Environmental Law before the end of the year, but given the myriad of legal issues thrown up by the case, it deserves the close and immediate attention of a wide community of scholars and practitioners."
Read Ceri Warnock's post here.
Climate change and self-adapting law
"How would law look different if we had always known about climate change? One difference – I would suggest – is that it would have been constructed so as to self-adapt to the changing context that it seeks to govern. What does it mean to self-adapt? An example of self-adapting law can be found in long term supply agreements."
Read Dean David D. Caron's post here.
Climate consciousness in daily legal practice
"Thinking about climate change generates helplessness in us. Our persistent role creating this global catastrophe seems so inevitable as to be predetermined; our will to contain it, or even reach agreement to contain it, feeble."
Read Kim Bouwer's post here.
Why understanding the legally disruptive nature of climate change matters
"It is now commonly recognized by governments that climate change is an issue that must be addressed. The 21st Conference of Parties to the United Nations Framework Convention on Climate Change to be held in Paris in December 2015 is the most high profile example of this, but there are also many examples of governments beginning to craft national and supranational regulatory responses."
Read the post by Liz Fisher, Eloise Scotford, and Emily Barritt here.
Blog Articles by JEL Authors
Here's a collection of all adaptations, interviews, reviews, and reflections from Journal of Environmental Law contributors.
Independent water providers in Kisumu and Addis Ababa
"In order to build the future we want, we must consider the part that water plays in our ecosystems, urbanization, industry, energy, and agriculture. In recognition of this challenge, the United Nations celebrates World Water Day on 22 March each year, including this year’s theme: ‘Water and Sustainable Development’."
Find out more about independent water providers from this infographic based on an article by Journal of Environmental Law authors.
Changing conceptions of rights to water?
"What do we really mean when we talk about a right to water? A human right to water is a cornerstone of a democratic society. What form that right should take is hotly debated. Recently 1,884,790 European Union (EU) citizens have signed a petition that asks the EU institutions to pass legislation which recognizes a human right to water, and which declares water to be a public good not a commodity."
Read this post by Bettina Lange and Mark Shepheard here.
Global responsibility, differentiation, and an environmental rule of law?
"As we celebrate Earth Day this year, it is timely to reflect on the international community’s commitment to halting serious environmental harm. The idea that all States have a ‘common interest’ in promoting global environmental responsibility — as evidenced most clearly through their active participation in multilateral environmental agreements — has been a cornerstone of international environmental policy for the last few decades."
Read the post by Duncan French and Lavanya Rajamani here.
A New Year’s Resolution: to think hard about environmental issues
"I sit here writing this on New Year’s Day. Looking back at 2013 it has been a year in which there has been a growing disjunction between academic discourse and political discourse over environmental issues. On the one hand academic and scholarly discourses have become more sophisticated."
Read Liz Fisher's post here.
What does Earth Day mean for an environmental law scholar?
"I have been pondering this question since asking my seven-year-old son (who for the record is not an environmental law scholar) what Earth Day was about and he told me ‘That’s the day you think about climate change and stuff’. His description might not be the most accurate and Earth Day has a complex history, but he is correct in the general sentiment."
Read Liz Fisher's post here.