International environmental law (IEL) has been unable to respond effectively to the Anthropocene’s global socio-ecological crisis, which is critically existential and requires radical interventions and regulatory reform. This article explores the potential of the recent United Nations (UN)-backed initiative to adopt a Global Pact for the Environment as an opportunity to reform IEL. It does so by (i) reflecting on the Anthropocene’s demands for a constitutionalized form of IEL through the lens of global environmental constitutionalism; (ii) investigating the extent to which the Global Pact could contribute to such a vision; and (iii) suggesting ways in which to strengthen the constitutional potential of the Global Pact in this endeavour. To this end, the article revisits the World Charter for Nature of 1982, which seems to have slipped off the radar in academic as well as policy circles. A case is made for renewed support of the Charter – which already enjoys the backing of the majority of UN General Assembly member states, and which has constitutional qualities – to serve as a ‘best-practice’ example during the ensuing negotiation of the Global Pact.

This article provides a comprehensive empirical analysis of the composition, development and use of the List of World Heritage in Danger (IDL) under the 1972 Convention concerning the Protection of the World Cultural and Natural Heritage. The statutory records of this Convention have been coded in order to generate an overview of the development and use of the IDL between 1978 and 2017. The quantitative data was further developed by reference to World Heritage and transnational law literature. A key finding of this article is that the IDL serves a dual purpose in regulation: firstly, as a ‘fire alarm’ to alert the international community of imminent dangers at World Heritage sites; secondly, as a non-compliance procedure used for ‘naming and shaming’ states that breach the rules. The findings in this article have relevance for heritage scholars and policy makers concerned with the governance of World Heritage as well as those with a broader interest in non-compliance procedures under transnational environmental law.

This article investigates whether beauty in nature can provide a global language to inform environmental governance, such as by providing shared values and collaborative approaches across and within different cultures. Because art mediates how many people experience environmental aesthetics, such as through photography and music, this enquiry extends to the arts. As is the case for other aesthetic values, beauty is ultimately about relationships and ways of knowing our environment, and the law can best engage with such values through interpretive guidance and processes for participatory decision making. Prescriptive codification of beauty ‘standards’ is generally not a realistic goal for lawmakers. The article enriches our understanding of how aesthetics can contribute to human beings’ emotional empathy and ethical commitment to environmental stewardship, and identifies some conceptual and methodological difficulties that militate against beauty being a lingua franca for environmental law.

Resilience thinking – an approach for understanding and managing change – is increasingly central to climate change adaptation law and policy. Yet the influence of adaptation law and policy on the distribution of climate impacts is often overlooked in studies of socio-ecological resilience to climate change. This article demonstrates how environmental justice scholarship helps to address this gap in the literature relating to adaptation law and resilience. Drawing on existing literature, the article identifies four principles to promote resilience and justice through climate adaptation laws. Climate adaptation laws must (i) prepare for, and respond to, change; (ii) address the distributive effects of climate change and adaptation; (iii) promote participation in adaptation processes; and (iv) cross sectors and scales. Each criterion can be implemented in part through existing legal processes, but might also be further supported by incremental law reform. Developing both resilience and justice dimensions will enhance the effectiveness of adaptation laws in addressing climate impacts.

This article examines access to justice for victims of the Southeast Asian haze pollution within the legal system of Indonesia as the source-of-origin state. It argues that bringing civil claims against the polluting companies before Indonesian courts offers a more effective avenue towards justice than relying on resolution at the level of state to state. The article first discusses barriers to resolving the problem through the state-to-state level. It then considers whether, under international law, the source-of-origin state is obliged to provide remedies for victims of transboundary environmental damage. The article then reviews the efficacy of pursuing remedies for transboundary civil claims against polluters through the legal system of the source-of-origin state. Finally, the article considers the limitations of the laws of the affected states, which, as a consequence, mean that transboundary civil litigation in the source-of-origin state may be the most effective avenue for redress.

In order to advance both the mapping and theorizing of transnational law, this article considers a range of tactics used by small-scale fisheries (SSFs) in Europe and North America to improve market access, political influence, and legal recognition. Transnational law enables the framing of initiatives not only as implementation practices that occur as a result of international law, but also as transnational regulation in support of SSFs. The article uses the case study of SSFs to draw attention to the rise of ‘transnational localism’. This is defined as the reinforcement of local-specific approaches (reflecting local ecologies, values, and socio-economic specificities) within a transnational structure that provides support and recognition. It offers an alternative to the view that globalization necessitates global, uniform regulatory solutions. Transnational localism challenges the fascination with large certification schemes such as that administered by the Marine Stewardship Council (MSC) in fisheries governance. It implies a need to reconcile transnational challenges with heterogeneous values and community approaches. To capture the simultaneous demand for the local and transnational within transnational law, this article proposes treating the described empowerment tactics within the scope of transnational standards. This requires a rethinking of standards away from fixed technical rules that are uniformly applicable across the globe.

On 9 October 2018, the Court of Appeal of The Hague (the Netherlands) upheld the District Court’s decision in the case of Urgenda, thus confirming the obligation of the Netherlands to reduce its greenhouse gas (GHG) emissions by at least 25% by 2020 compared with levels in 1990. This case raised some of the thorniest issues in climate law. As the Netherlands is responsible for only a tiny fraction of global GHG emissions, is it right for a court to hold that a national emissions reduction mitigation target is necessary to prevent dangerous climate change and its impact on human rights? If so, how can this target be determined? The District Court and the Court of Appeal of The Hague have provided inspiring responses, although they are perhaps not entirely convincing.