Reflexive environmental law (REL) enables an understanding of how law builds potential for private company reflexivity. Reflexivity helps to avoid lock-in, and enhances learning and self-organization to resolve complex sustainability challenges. Thus far, REL theory has excluded traditional command-and-control regulation as a form of REL. This limits the potential of REL to understand how legislation can drive reflexivity and create more effective governance. Our framework expands the definition of REL and sets out six types of regulatory instrument found in legislation that may, or may not, constitute forms of REL. The framework comprises three reflexive drivers – autonomy, accountability, and adjustability – and, under these, eleven REL techniques. Through examples taken from European environmental legislation, we explain the drivers’ relationship with different regulatory instruments. This taxonomy empowers regulators and scholars to understand both the reflexive potential of regulatory instruments and the possibility to make instruments more reflexive in specific contexts.

A decision will soon have to be taken regarding the renewal of approval of glyphosate at the European Union (EU) level; this pesticidal active substance, however, is more controversial than ever. This article critically assesses various strategies pursued by EU Member States and regional authorities which challenge the EU approach to glyphosate and aim to safeguard their higher levels of public health and environmental protection. It reflects on the prospects of success of these strategies, and their compatibility with EU law. The analysis includes the action for the annulment of glyphosate's 2017 reapproval brought by the Brussels-Capital Region, the Austrian attempt to enact a blanket ban on glyphosate-based pesticidal formulations, and the more sophisticated strategies pursued by Luxembourg and France. The article concludes that the French strategy is effective in risk regulation terms, and compatible with EU law. Nonetheless, adopting the French approach may prove rather difficult for other Member States, as a result of both structural-regulatory and practical constraints. Rather, an EU-wide strategy on glyphosate is urgently needed.

This case comment explores the relationship between two intertwined objectives – ensuring security of electricity supply and environmental protection – in the context of the judgment of the Court of Justice of the European Union in Inter-Environnement Wallonie ASBL and Bond Beter Leefmilieu Vlaanderen ASBL v. Conseil des ministres. The analysis focuses on the application of the Environmental Impact Assessment Directive and the Habitats Directive to the facts of the case, which concerns the extension by a ten-year period of the operation of two Belgian nuclear power stations (Doel 1 and Doel 2) as part of a national energy policy strategy to ensure the security of Belgium's electricity supply. The case comment also considers the legal and practical implications that arise as a result of employing the ‘security of electricity supply’ exemption to enable derogation from the requirements of the aforementioned Directives in circumstances where a Member State considers the security of its electricity supply to be under threat.

Climate emergency declarations occupy a legally ambiguous space between emergency measure and political rhetoric. Their uncertain status in public law provides a unique opportunity to illuminate latent assumptions about emergencies and how they are regulated in law. This article analyzes climate emergency declarations in Canada, the United Kingdom, Australia, and Aotearoa/New Zealand. It argues that these climate emergency declarations reflect back a set of paradoxes about the legal regulation of emergencies – paradoxes about defining the emergency, how time regulates and contains emergency power, and who gets to respond to the emergency and how. These paradoxes challenge long-held and over-simplified assumptions about emergencies and allow us to see the complex ways in which public law regulates emergencies – a necessity in a climate-disrupted world.

Climate policies are often evaluated using criteria that are heterogeneous and misaligned with the stated aims of these policies. By combining legal research methods with insights from economic theory, we systematically map and analyze the legal objectives of the European Union (EU) Emissions Trading System (ETS), a key climate policy instrument. We find that the EU ETS is shaped by a nuanced internal normative framework, the principal goal of which is emissions reduction, combined with three secondary goals of cost-effectiveness, economic efficiency and equity, and a meta-goal of coherence. Based on the contents and interrelations of these legal objectives, we formulate evaluation criteria that can be used to critically analyze and evaluate the EU ETS performance in a more comprehensive, transparent, and comparable manner. The resulting methodology is applicable to other environmental policies and jurisdictions.

In both Sweden and Finland, water law has traditionally provided strong protection for hydropower operations by issuing permanent environmental licences. This national protection has started to erode as a result of the requirement of the European Union (EU) Water Framework Directive (WFD) for permit reviews to improve the ecological status of rivers. In the light of this dynamic between European and national frameworks, this article compares the Swedish and Finnish implementation of the WFD regarding existing hydropower operations. Whereas Sweden has adopted comprehensive legislative and policy reforms that embrace a systemic perspective on reconciling hydropower with the current societal and ecological circumstances, Finland has relied on bottom-up collaborative processes at the grassroots level. The article shows that both approaches are problematic in so far as they push the boundaries of proper implementation of the WFD and, by extension, the achievement of the ecological objectives of the WFD in waters affected by hydropower. Our comparison highlights tensions between EU law requirements for formal legal effectiveness in national implementation, and the WFD's aspirations for adaptive river basin-based governance.

In Indonesia, swidden practices have been part of traditional rice farming for centuries. Swidden agriculture is a fundamental part of all remaining large tropical forests and provides a critical form of biodiversity-friendly agriculture. Meanwhile, peatland degradation and land conversion for oil palm plantation and agriculture have created an annual transboundary environmental disaster in Southeast Asia. This article adopts a transnational lens to highlight the complex multi-scale interactions that perpetuate recurring transboundary air pollution in the region. Having examined the traditional practices of swidden agriculture in Central Kalimantan and South Sumatra (Indonesia), the article reveals that swidden agriculture has been misunderstood generally, and in particular in international and national law and policy. It argues that existing laws fail to identify the important role that swidden agriculture plays in sustainable ecosystem management and cultural expression. Nuanced understandings of fire use, alongside transnational multi-stakeholder and multi-scale approaches, are required.

This article examines how carbon dioxide (CO2) removal credits can be integrated into the European Union (EU) Emissions Trading System (ETS), focusing on questions of permanence and climate liability. It identifies challenges within the integration process and analyzes approaches from practice and literature to cultivate learning. These approaches apply different strategies to address the issue of permanence, including temporary credit issuance, granting credits once a certain number of carbon tonne-years have been accumulated, or issuing credits at the beginning of the project period and relying on liability instead. Drawing from the findings of this research, the article presents legal considerations that may inform a proposal for an EU legislative act on the integration of carbon removal credits into the EU ETS. It suggests that only credits issued for permanent CO2 removal should be integrated to ensure the environmental integrity of the system. Furthermore, the liability of the project operator should transfer to the Member State under certain conditions to make liability risks more predictable.