首页期刊导航|European energy and environmental law review
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European energy and environmental law review
Kluwer Law International
European energy and environmental law review

Kluwer Law International

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0966-1646

European energy and environmental law review/Journal European energy and environmental law review
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    Sustainable and Just Deep-Sea Mining for the Energy Green Transition: A Conundrum Without Legal, Governance or Technological Solutions. The Case of the EU.

    Cassotta S.Goodsite M.
    268-282页
    查看更多>>摘要：© 2023, Kluwer Law International. All rights reserved.In January 2023 the International Seabed Authority (ISA), an intergovernmental organization established under the 1982 UN Convention on the Law of the Sea (UNCLOS) granted already thirty contracts for exploration of Deep Seabed Mining, but exploitation has not started yet because ISA has not finalized its regulations, expected in 2025. This article intends to address to what extent is the current deep Seabed mining regime factoring risks and uncertainties in a just and sustainable manner in the current legal framework on environmental liability embedded in the green energy transition’s processes with the EU as case study and enquiry if there are baseline or best practice to learn from. It unravels which type of precautionary approach fits and is just. Deep Seabed Mining is also a social justice, ethical dilemma demanding equitable and share solutions to the benefit of current and future generations because activities of this kind can destroy ecosystems that can take decades to regenerate, if not causing irreversible damage. Law and technology, but also technology will be crucial as new methods guaranteeing an “environmental benign Deep Seabed Mining” will determine how liability law will be shaped.
      原文链接:
    • NETL
    • NSTL

    Criminal Legal Protection of the Environment: National Realities and International Standards

    Kharytonov S.O.Orlovskyi R.S.Olha V.Maslova O.O....
    283-292页
    查看更多>>摘要：© 2023, Kluwer Law International. All rights reserved.Criminal law environmental protection is an important aspect of modern society. The article examines the national system of criminal legal environmental protection in Ukraine and its compliance with international standards. The author discusses the regulations and problems arising in the practice of criminal environmental protection. Given the growing environmental awareness and the need to combat environmental crimes, the article will help to understand the nature, effectiveness, and challenges of criminal legal environmental protection in Ukraine. The purpose of this study is to analyse the criminal legal protection of the environment in Ukraine and abroad and to propose areas for improving criminal legal protection of the environment in Ukraine. The approach utilized in this article relies on both general scientific and specialized scientific research methodologies. This methodology allows us to consider the topic from different aspects, ensuring the validity and integrity of the analysis.
      原文链接:
    • NETL
    • NSTL

    The Regulation on Deforestation-Free Products: When the EU Takes on Deforestation’s Corrupted Roots

    Da Silva B.G.Milcamps P.-N.
    293-310页
    查看更多>>摘要：© 2023, Kluwer Law International. All rights reserved.Traditional science has long examined the causes of deforestation and forest degradation. Yet, it has often overlooked one of its main roots: corruption. As more recent research shows the intrinsic link between corruption and deforestation, this relationship deserves to be considered by the (legal) community in and of itself. For this reason, the present contribution analyses how the EU tackles the issues of corruption and deforestation through its legislative frame-work. It looks at the new Deforestation-Free Products Regulation (EU) 2023/1115, adopted on 31 May 2023. In particular, this paper identifies whether the new EU regime on deforestation effectively addresses corruption in the field. This includes a critical review of the Deforestation-Free Products Regulation, and more particularly, its context of adoption, its main features, its improvements, and its struc-tural limitations. In addition, this new Regulation should not be cloistered from the broader legislative landscape. The new proposals for a Directive on Combating Corruption and for a revision of the Environmental Crimes Directive have the potential to mitigate some of the identified limitations and to play a role in tackling the corruption roots of deforestation.
      原文链接:
    • NETL
    • NSTL