Browse by title

You are looking at 1 - 10 of 314 items :

  • Politics and Public Policy x
  • Human Rights x
  • Environmental Law x
  • Climate Change x
Clear All
You do not have access to this content

Tyler McCreary

This article examines the conflicting subjectivities and space-times of Indigenous and colonial law that underpin the recent shutdown of the Canadian economy as people barricaded railways and ports in solidarity with the Witsuwit'en hereditary chiefs’ blockade against the Coastal GasLink pipeline across their territory. The article argues that this conflict between Canadian and Witsuwit'en law reflects fundamental tensions between their respective foundations in relations of the commodity and the gift. Within settler capitalist society, the value of a commodity is constructed relationally through a political economy of exchange that aims to speed transactions to maximize profits. With an ongoing drive for time-space compression, there is continual pressure in settler capitalism to develop new infrastructure that can speed the circulation of commodities. In Witsuwit'en society, the gift presents a contrasting logic of place-time extension. Rather than focusing on closing transactions to increase profits, gift giving stretches reciprocal obligations into the past and future. Contrasting these distinct conceptions of the relationship between value and time, the article argues that the Witsuwit'en struggle with Coastal GasLink should be understood as conflict between colonial temporal enclosures and a radical promise to open futures different to those engendered by the colonial present.

You do not have access to this content

Neil Gunningham

This article examines whether large-scale grassroots activism might be a necessary condition for achieving transformational climate change action, and examines whether Extinction Rebellion (XR), which has had a remarkable impact in a very short time, might – unlike its predecessors – be capable of precipitating such change. Reviewing the evidence, the article suggests that such activism, even if necessary, is unlikely to be sufficient to bring about rapid and radical climate action. It might, however, prove to be an important change agent, through its contribution to a broader coalition of business and civil society actors or through harnessing ‘webs of influence’. How such a coalition might evolve, or web influence play out, is also explored.

You do not have access to this content

Mingde Cao

China officially launched seven state pilot ETS programs starting in 2013 and initiated a national ETS in 2017 respectively. The many accumulated experiences from the pilot programs include such findings as the importance of setting realistic targets balancing the needs for carbon reductions with those of economic growth and pollution control and the need for legislation specifying the actions to be taken, provisions for disclosure, allowance allocations, offsets, infrastructure building, monitoring reporting and verification, and adoption of a compliance mechanism. Deficiencies in the pilot programs are evaluated, such as those derived from lack of a national legal basis and unified rules for the carbon market, an excess of free allocation of allowances, a lack of liquidity of the market, lenient punishment for non-compliance, and absence of a sound monitoring and regulatory mechanism. The requisites for sound market-based programs are described, with particular emphasis on the need for a comprehensive legal basis on which programs can be built. The pluses and minuses of cap and trade market-based programs versus carbon taxes are explored in depth, including the possibilities of combining the two systems. Various bottom up and top down approaches are explored and the key elements of success and failure.

You do not have access to this content

Corrie Grosse and Brigid Mark

Youth activists around the world are demanding urgent climate action from elected leaders. The annual United Nations climate change negotiations, known as COPs, are key sites of global organizing and hope for a comprehensive approach to climate policy. Drawing on participant observation and in-depth interviews at COP25 in 2019, this research examines youth climate activists’ priorities, frustrations and hopes for creating just climate policy. Youth are disillusioned with the COP process and highlight a variety of ways through which the COP perpetuates colonial power structures that marginalize Indigenous peoples and others fighting for justice. This is intersectional exclusion – the character of exclusion experienced by people with multiple intersecting marginalized identities. We demonstrate that the space, policies and even the social movement organizing at COP25 are exclusive, necessitating new ways of negotiating, building relationships, and imagining climate solutions that centre Indigenous communities, and protect and return to them the lands on which they depend. As the youth climate justice movement grows, attending to Indigenous priorities will help it transform, rather than reinforce, the systems at the root of climate crisis and to challenge existing policymaking structures.

This content is available to you

Ed Couzens, Tim Stephens, Katie Woolaston, Manuel Solis, Kate Owens, Saiful Karim, Cameron Holley and Evan Hamman

This content is available to you

Anna Berti Suman, Sven Schade and Yasuhito Abe

In this article, we investigate how citizens use data they gather as a rhetorical resource for demanding environmental policy interventions and advancing environmental justice claims. While producing citizen-generated data (CGD) can be regarded as a form of ‘social protest’, citizens and interested institutional actors still have to ‘justify’ the role of lay people in producing data on environmental issues. Such actors adopt a variety of arguments to persuade public authorities to recognize CGD as a legitimate resource for policy making and regulation. So far, scant attention has been devoted to inspecting the different legitimization strategies adopted to push for institutional use of CGD. In order to fill this knowledge gap, we examine which distinctive strategies are adopted by interested actors: existing legitimization arguments are clustered, and strategies are outlined, based on a literature review and exemplary cases. We explore the conceivable effects of these strategies on targeted policy uses. Two threads emerge from the research, entailing two complementary arguments: namely that listening to CGD is a governmental obligation and that including CGD is ultimately beneficial for making environmental decisions. We conclude that the most used strategies include showing the scientific strength and contributory potential of CGD, whereas environmental rights and democracy-based strategies are still rare. We discuss why we consider this result to be problematic and outline a future research agenda.

You do not have access to this content

Claire Burgess and Rupert Read

For this publication on environmental activism and the law, we interviewed representatives of Extinction Rebellion (XR) in the United Kingdom and Australia to explore their views on the goals, tactics and challenges for the movement. This report features interviews conducted in late 2019 with Claire Burgess (then regional coordinator XR Southern Tasmania, Australia) and Rupert Read (spokesperson for XR England and Reader in Philosophy, University of East Anglia). Both interviews, with identical questions, were conducted by Benjamin J Richardson, Professor of Environmental Law, University of Tasmania.

You do not have access to this content

Laely Nurhidayah and Shawkat Alam

Forests are a critical component of biodiversity and are essential for a wide range of ecosystem services. There is a rapid and alarming decline of biodiversity worldwide. Indonesian biodiversity, in particular, is increasingly under serious threat of environmental degradation as a result of the prevalence of criminal activities such as deforestation, poaching, illegal wildlife trade, and forest fires. The occurrence of deforestation in Indonesia can be primarily attributed to two main factors: forest conversion into oil palm plantation and wood fiber plantation. This article examines the adequacy of the legal framework in Indonesia in addressing biodiversity loss, the challenges it experiences and any prospects for the implementation of biodiversity laws and policies. This examination will be undertaken through the theoretical frameworks of the ecosystem approach, and political ecology. It is concluded that the effectiveness of legislation related to biodiversity conservation is hindered by top-down approaches and the political and economic structural legacies of previous governments which tend to favour economic development at the expense of adequate biodiversity protection. To address the complex problems of biodiversity protection, Indonesia not only needs stronger legislation in protecting biodiversity, but must address other factors that hinder the effectiveness of efforts to protect biodiversity. In addition, despite the current prospect of initiatives and policy reforms aimed at reducing deforestation and forest degradation since the implementation of REDD+, each initiative has practical, financial and legal limits. Therefore, it is suggested that the effective coordination of each strategy is needed. Particularly at the local level, the capacity of the community to be engaged in conservation and the ability of the government to implement and effectively enforce biodiversity laws has proven challenging and needs to be addressed.

You do not have access to this content

Paul Manly, Jonathan Bartley and Chlöe Swarbrick

For this edition on environmental activism and the law, we examined how contemporary green political parties construe their role and relevance when many environmentalists including the Extinction Rebellion (XR) movement are bypassing parliamentary processes by taking to the streets as well as by proposing alternate forms of political engagement such as convening national citizens’ assemblies.

This report features interviews conducted in early 2020 with Paul Manly (MP, House of Commons, Green Party of Canada); Chlöe Swarbrick (MP, New Zealand Parliament, Green Party of Aotearoa New Zealand); and Jonathan Bartley (Co-leader of the Green Party of England and Wales, and councillor on Lambeth Council, London). Each interviewee responded to the same questions, which are detailed below.

The interviews were conducted by Emma Thomas, XR Vancouver (interviewed Paul Manly); Trevor Daya-Winterbottom, FRGS, Associate Professor in Law, University of Waikato, and Deputy Chair of the IUCN Academy of Environmental Law (interviewed Chlöe Swarbrick); and Benjamin J Richardson, Professor of Environmental Law, University of Tasmania (interviewed Jonathan Bartley).