Search

(Series Information) European Papers - A Journal on Law and Integration, 2022 7(2), 527-532 | European Forum Highlight of 27 July 2022 | (Abstract) The Highlight discusses the EU policy on soil protection and preservation. It is argued that the EU has thus far failed to establish a comprehensive and effective legal framework on this issue. Rather, the EU acquis is extremely fragmented, with soils being addressed as ancillary elements to other environmental priorities. The Highlight points out that the current state of affairs is largely due to the Council's inability to conduct successful negotiations on the Commission's 2006 proposal for a Soil Framework Directive. This legislative initiative was abandoned in 2014 following claims of its violation of the subsidiarity principle. However, in the framework of its new Soil Strategy for 2030, the Commission has included an upcoming proposal for a comprehensive Soil Health Directive. The Highlight argues that, while the Commission is taking seriously the pre-proposal impact assessment, subsidiarity check and consultations, the current state of the environment requires the governments sitting in the Council to leave aside their formalistic criticisms and to adopt a proactive approach to the negotiations, with a view to bridging the existing gap in EU environmental law.

(Series Information) European Papers - A Journal on Law and Integration, 2022 7(1), 253-264 | European Forum Insight of 18 May 2022 | (Table of Contents) I. Introduction. - II. Un insuccès imputable à l'obstacle de la recevabilité des requêtes climatiques auprès de la Cour de justice. - III. Explorer les voies de droit à même de porter la défense du climat devant la Cour de justice. - IV. Mobiliser en Europe des droits fondamentaux substantiels adaptés au contentieux climatique. | (Abstract) So far, climate change litigation in the European Union has been a disappointment, since the European Court of Justice denied the admissibility of two promising cases in 2021: Sabo ECLI:EU:C:2021:24 and Carvalho ECLI:EU:T:2019:252. Nonetheless, the European human rights litigation can still play a significant role in alleviating the ongoing climate crisis in the future. There is still a path to find the access to the Luxembourg Court for future claims related to climate change. Renewed standards of European Human Rights could also be one of the keys to create a proper case law to fight global warming.

(Series Information) European Papers - A Journal on Law and Integration, 2017 2(2), 519-542 | Article | (Table of Contents) I. Introduction. - II. The legal phenomenon of IEMEIs. - II.1. IEMEIs regulating conduct abroad on the basis of environmental regulatory requirements. - II.2. IEMEIs regulating trade: market access conditions and obligations on Third Country actors. - II.3. Compliance with IEMEIs: "contingent unilateralism", equivalence and flexibility. - III. Access to justice. - III.1. Avenues for access to justice for different kinds of third country actors. - III.2. Standing. - III.3. The Aarhus Convention and access to justice. - IV. Conclusion. | (Abstract) The EU conducts its external relations through different types of tools, including through unilateral domestic measures with extraterritorial implications that extend its regulatory power to processes occurring partly abroad. These are increasingly prevalent in the area of environmental protection, including climate change. Examples include the sustainability criteria for biofuels, the inclusion of aviation emissions in the EU emissions trading system, ship recycling, exports of electrical and electronic waste and imports of timber. Because these measures are unilateral in nature, developed within the EU legal order, but have important legal and policy effects beyond EU borders, they raise complex legitimacy questions and may give rise to an external accountability gap. The role of EU administrative law, which controls the exercise of EU public power, is important in "disciplining" the exercise of EU power beyond EU borders and filling this gap. The Article explores some of the novel regulatory techniques employed in these kinds of internal measures to conduct external action and how administrative law responds to their complexities. It focuses on access to justice in the EU legal order in exploring the extent of an external accountability gap. The constraints of accessing the EU judicial system may accentuate the external accountability gap if the EU cannot be held into account on the basis of its own rule of law by third country actors affected by its action.

(Series Information) European Papers - A Journal on Law and Integration, 2016 1(3), 1153-1170 | European Forum Insight of 22 December 2016 | (Table of Contents) I. Introduction - II. The Judgment in Context - II.1. Theory and Practice of Market-Based Environmental Regulation - II.2 Emissions Trading in the EU - III. The DK Recycling Case - III.1 Background - III.2. DK Recycling before the General Court - III.3. DK Recycling before the Court of Justice - IV. A Parallel Between DK Recycling and the Regulatory Shift to Auctioning: The Normative Landscape of Allowance Allocation - V. DK Recycling, Allowance Allocation and Theoretical Constructions of the EU ETS. | (Abstract) In its judgment of 22 June 2016, DK Recycling und Roheisen GmbH v. Commission, the Court of Justice ruled on an appeal brought by a German undertaking operating installations subject to the European Union Emissions Trading System (EU ETS), i.e. a "carbon market" where operators trade greenhouse gas emission allowances. At issue in the case were the rules on free allocation of emission allowances. After putting the case in context by providing an overview of the normative framework of the mechanism, the present analysis examines how the case contributes to the understanding of the theoretical implications of the EU ETS.

The Cluster WASH (Water, Sanitation and Hygiene) is one of the cornerstones of humanitarian action, and a key element for the promotion of health worldwide. The recent years demonstrated the pressure on this humanitarian cluster, as a result of climate change. At the same time, it is also clear that WASH actions have a potential to foster health promotion, preparedness, and resilience among communities affected by humanitarian crisis related to climate hazards. This aspect is visible in both the existing literature of the major international organisations and NGOs networks acting in this field. It is also visible in the best practices promoted in two countries looked at in the paper: Bangladesh and the United States. This comparative analysis allows us to extract conclusions that may be replicable in other national or local contexts. It contributes to a better comprehension of the links between the humanitarian indicators and actions, and the imperative of a work with communities in order to improve even more the preparedness of the health impact of climate change.

This paper moves from the idea that cities represent a central “battlefield” for today’s environmental challenges. Climate change, in particular, poses significative threats for urban landscapes and communities living in urban space. On the one hand, today’s challenges have significant continuities with classical urban issues: cities have always been space of conflicts, contradictions, inequalities. Environmental issues represent one of the many stressors of urban dynamics; conflicts on the locations of polluting sites, for example, have developed over the last fifty years, intertwined with segregation and discrimination processes. On the other hand, the central role of the environment in current policies, framed as “sustainability policies”, need a specific, renewed and stronger focus on urban inequalities, that can significantly benefit from new analytical tools, such as Big data. The first paragraph give a short perspective on environmental justice history and main topics, focusing in particular on its lasting interest for spatial inequalities and discrimination processes. The second paragraph underlines how, within the context of climate change, such perspective proves to be still useful, permitting to deepen our understandings of vulnerabilities and recovery processes in the aftermath of disasters, or resilience planning’s failures. The third and last paragraph illustrates how new analytical tools, such as Big Data or ecometrics, can be used to inform local policies and strengthen cooperation between activists, citizen, administrators and academics in tackling inequalities within the urban fabric.

The paper reflects on the state of the art in the field of smart cities and climate change focusing on how cities can play a role in meeting the 2030 climate neutrality goal. It investigates the main streams of literature on cities’ visions (smart city, sharing city, self-sufficient city, 15-minuts city, circular city) and the climate-neutrality approach proposed by the European Commission through the EU mission on Climate-Neutral and Smart Cities. The mission has identified 100 European cities that will be engaged in a transition to climate neutrality by the end of 2030 as cities’ model to push other cities to work for meeting goals of decarbonization. The 9 Italian cities selected by the mission, as well as a city inspired by the mission itself, are presented with their programs and initiatives in order to highlight how they are replying to the main urban challenges in terms of services provisions. The emerging hypothesis is that, to provide services in a fair and just way reducing environmental impact, city should be understand as a commons. A co-city model based on a penta helix approach as those proposed by Foster and Iaione, is thus a strategic way to deal with the urban challenges also in a climate logic and would help cities to meet the EU goals by 2030.

When it comes to climate change mitigation, both the European Union (EU) and the People’s Republic of China (PRC) are regarded as the main actors driving international efforts, but for different reasons. While the EU’s status as a climate change champion is based on its ability to regulate and set high international norms and standards, the PRC is one of the world’s great powers that have the economic and technological resources and the capacity needed to significantly reduce global greenhouse gas emissions. Benefiting from its institutional and regulatory framework, the EU seeks through its foreign policy and other cooperation mechanisms to persuade other international actors, such as the PRC, to adapt their climate change policies to European demands in this area. In this paper, I analyze the normative power of the EU over the PRC in fighting climate change, and I will argue why the Brussels efforts to mitigate the speed of the global climate change after the signing of the Paris Agreement (PA) are only partially supplemented by those of the PRC. The reason why EU’s influence on Beijing’s climate change policy is limited has to do with the PRC’s own ambition on this issue, which is driven by its great power aspirations.

The 2015 Paris Agreement, complementing the United Nations Framework Convention on Climate Change, showcases an impressive consensus on climatological rhetoric. Thereby, it will contribute certainly neither to achieving its overall objectives on temperature nor to redressing any of the resulting “loss [or] damage” yet possibly tocontinuing the worldwide dialogue on the environment or on ecological entitlements. This paper will dissect and categorize these. It will conclude that the framers essentially kept the conversation going, nationally and internationally, encouraging the establishment, the adjudicatory branch, and the public to resume the conceptual or practical advancement on the topic.

Climate change appears as a major driver of identity crisis, affecting changes at local and global level in terms of spaces, security, livelihood and weather. The prevailing narration on climate change describes unfamiliar scenarios struck by exceptional events, that rarely can be connected with personal experiences. Yet, smaller but more subtle consequences of climate change occur in cities and in metropolitan areas, that suddenly appear fragile and risky contexts. The paper explores the notion of climate change, which is investigated in its constructive dimensions considering how scientific facts and social meanings contribute to shape the very notion of climate, across time and across disciplines.

Climate change appears as a major driver of identity crisis, affecting changes at local and global level in terms of spaces, security, livelihood and weather. The prevailing narration on climate change describes unfamiliar scenarios struck by exceptional events, that rarely can be connected with personal experiences. Yet, smaller but more subtle consequences of climate change occur in cities and in metropolitan areas, that suddenly appear fragile and risky contexts. The paper explores the notion of climate change, which is investigated in its constructive dimensions considering how scientific facts and social meanings contribute to shape the very notion of climate, across time and across disciplines.

Climate change appears as a major driver of identity crisis, affecting changes at local and global level in terms of spaces, security, livelihood and weather. The prevailing narration on climate change describes unfamiliar scenarios struck by exceptional events, that rarely can be connected with personal experiences. Yet, smaller but more subtle consequences of climate change occur in cities and in metropolitan areas, that suddenly appear fragile and risky contexts. The paper explores the notion of climate change, which is investigated in its constructive dimensions considering how scientific facts and social meanings contribute to shape the very notion of climate, across time and across disciplines.

Climate change appears as a major driver of identity crisis, affecting changes at local and global level in terms of spaces, security, livelihood and weather. The prevailing narration on climate change describes unfamiliar scenarios struck by exceptional events, that rarely can be connected with personal experiences. Yet, smaller but more subtle consequences of climate change occur in cities and in metropolitan areas, that suddenly appear fragile and risky contexts. The paper explores the notion of climate change, which is investigated in its constructive dimensions considering how scientific facts and social meanings contribute to shape the very notion of climate, across time and across disciplines.