Literature Review

New fossil fuel developments are inconsistent with keeping global warming below 1.5 °C, and while most climate policies focus on reducing demand for fossil fuels, an emerging transversal consensus promotes efforts to simultaneously reduce supply. In this article, we discuss the obstacles to effective supply-side climate policies posed by international investment treaties that protect corporations against state interventions through investor-state dispute settlement (ISDS). We focus on two recently concluded ISDS cases (Rockhopper v Italy and Lone Pine v Canada) that concern prohibitions on fossil fuel development in ecologically sensitive areas. Italy was ordered to pay a British firm approximately € 250 million in compensation for a ban on offshore oil developments along the coastline, whereas Canada successfully defended Québec’s ban on gas development in the St. Lawrence River. Arbitrators in both cases reasoned that investors should be compensated when oil and gas exploration permits are revoked (even if such a remedy is not available under domestic law) and expressed antipathy towards civic engagement in the policy process. As companies can seek lost future profits through ISDS, these cases show that the system can engender material costs for states enacting supply-side policies. The threat of ISDS can generate a chilling effect, limiting the potential for supply-side initiatives, particularly in the Global South. Initiators of global efforts to limit further fossil fuel developments must consider the obstacles posed by international investment treaties, support efforts to abolish ISDS, and as an interim measure, promote the interpretation of treaty protections in line with climate objectives.

This study investigates how forestland property rights, established under the Chinese Collective Forest Tenure Reform (CFTR) from 2003, were affected by the emergence of the “Ecological Civilization” discourse in the 2010s. It does so through the lens of environmental justice. Case studies were conducted in four counties in Fujian and Yunnan provinces. The results show outright injustice in the Fujian cases which originate from the government's authoritarian approach to Ecological Civilization, including severe restrictions on timber harvest, lack of recognition of decentralized forestland property rights, and only limited compensation for people affected. Those who heavily invested in forestry activities encountered the most unjust treatment. Meanwhile, despite a similar authoritarian policy in Yunnan, injustice in these cases were less salient because restrictions on timber harvest (for the sake of conserving natural forests) already existed there before the introduction of CFTR, thus deterring private actors from investing in forestry. The results highlight the necessity of upholding justice of distribution, participation, and recognition for all engaged actors, particularly when environmental conservation is prioritized and needs to be sustained.

In Ethiopia, resettlement schemes have been widely implemented in response to famine and food insecurity. Since 2003, planned resettlement initiatives have been carried out, considering farm households’ willingness as a pivotal factor. To enhance the attractiveness of the resettlement program, the Amhara regional state attempted to offer resettlers dual landholding rights. These rights encompassed perpetual landholding in the new settlement and a three-year guarantee against losing their landholdings in the old settlement if they chose to leave due to discomfort. This study aimed to address conceptual and empirical gaps in understanding the relationship between the resettlement process, land rights/tenure, and changes in land use and land cover (LULC) within this new approach. The goal was to provide policy directions. Employing a socio-spatial research methodology, data was generated using GIS techniques, questionnaires, and focus group discussions. The study found that unrestricted encroachment into woodlands and grazing lands has led to severe LULC changes in the study area. The land use land cover change analysis between 2003 and 2016 indicated that the forest cover and bushland decreased by 3,879.18 ha and 2,810.16 ha respectively, and conversely farmland has increased by 5,814.09 ha. Furthermore, due to the absence of clear property rights definitions and the provision of dual land rights, many resettlers opted to maximize benefits from both land possessions rather than establishing a settled life in the new settlement area. Despite the innovative nature of the resettlement program with its focus on providing dual land rights to relieve pressure in degraded highlands and transform livelihoods in more productive lowland areas, the initiative faced challenges in controlling land rights and management issues in both the old and new resettlement areas. Observations in these areas contradicted the presumption of the new resettlement policy, aiming to bolster farmers' livelihood security and environmental protection. This study underscores the intricate and multi-dimensional nature of the relationship between resettlement, land rights/tenure, and LULC changes in Ethiopia. To ensure the success of innovative resettlement programs, robust institutions supported by policy frameworks that comprehensively consider social, economic, political, and technical elements impacting resettlement are imperative. The study also recommends the implementation of a consolidated land governance system from the outset, complemented by a strong monitoring and evaluation system, to effectively address resettlers' land rights and obligations, thereby improved livelihoods and efficient land use and management could be advanced in the settlement areas.

Considering the global issues of resource depletion and climate change, the need for sustainable development is more significant than ever. This study focuses on China and examines the complex dynamics of green growth and natural resourceexploitation through the prism of intellectual property conflicts and prospects to strike a balance between sustainable development and economic growth from 2000 to 2020. Advanced econometric techniques are essential to this research, such as the Cross-sectional Augmented Dickey-Fuller (CADF) test, the Cross-sectional Im, Pesaran, and Shin (CIPS) test, and the Cross-sectionally Augmented Distributed Lag (CS-ARDL) model. The study clarifies how important it is for intellectual property rights to spur innovation in environmentally friendly resource extraction techniques. It also evaluates the impact of taxes on the energy sector on China's energy transition rate, weighing the need for economic growth against environmental protection. This study thoroughly explains the opportunities and challenges related to intellectual property in green growth. It also offers important insights and strategies for academics, industry stakeholders, and policymakers who navigate the intricate landscape of sustainable resource exploitation.

Land stands as a fundamental aspect of human existence, serving as a cornerstone for meeting diverse needs and holding considerable economic significance. Its limited capacity often becomes a trigger for societal conflicts, spanning both vertical and horizontal dimensions. A well-crafted land policy holds the potential to foster community prosperity and ensure environmental sustainability. However, the imposition of state-driven evictions often leads to agrarian conflicts, undermining customary rights. This study examines the intricate relationship between land and humanity through the lenses of legal philosophy and the concept of land property rights within legal culture. Employing a formative juridical research approach, the authors aim to uncover a comprehensive human understanding rooted in philosophical perspectives, legal theory, dogmatic legal norms, and legal culture. From a philosophical standpoint, land represents a space where the spiritual connection between humans and their divine entities takes form. Furthermore, within the realm of legal culture, land is perceived as an integral part of the human essence, symbolizing the place of birth, growth, mortality, and final resting.

Severe deforestation, land degradation, and the lack of forest products in Ethiopia have necessitated the implementation of a community forestry program since the 1980s by mobilizing the local communities. However, there have been incidents indicating that many of the community forests are either degrading or remaining unproductive. While community forests are, in principle, the collective property of the local community, empirical evidence concerning how property rights impact their management and their role in enhancing rural livelihoods and environmental rehabilitation is lacking. This study aims to investigate the performance of community forestry through the lens of property rights and tenure security, in order to uncover the challenges impeding community forestry in Ethiopia, with a focus on community forests in the Amhara Region. The study gathered primary data on community forest management from two community forests located in East Gojam and North Wollo, using questionnaires, focus group discussions, key informant interviews, and field observations. Additionally, secondary data on legal frameworks were collected from institutions involved in community forestry. The data analysis employed descriptive statistics and thematic analysis. The findings of the study revealed that a majority of respondents (91%) lacked clarity regarding the objectives of establishing community forests, and about 95% claimed that community forests belong to the state. These incidents have led to diminished interest in continuing the program. The study highlighted that the community forestry program suffers from inadequate policy and legal provisions, chronic institutional instability, overlapping mandates, and limited community engagement. These factors have weakened property rights, which are reflected in tenure insecurity and the absence of individual household benefit packages. Consequently, it can be concluded that community forest interventions have been promoted based on general belief in the importance of trees for rural livelihoods and ecosystem rehabilitation, rather than as part of a deliberate and directed policy and strategy. In summary, revitalizing community forestry in Ethiopia necessitates a thorough understanding of property rights and tenure security issues. In this regard, it is imperative for government agencies to enact a clear national strategy for community forestry development and adopt a supportive role to enable communities to establish robust community forestry institutions to safeguard their rights while fostering community forestry and environmental protection activities.

Paradigmatical shift that Peace of Westphalia brought to conceptualization of still a foremost legal person of international law, the state, became a defining point up to modern times. States created centuries after the Westphalian system had been established are still understood as territorial legal persons. Centuries after the Westphalian orbis was created, the cruciality of territory for a state to be created and continue existing as a legal person was affirmed by the so- called Montevideo criteria. Montevideo Convention on Rights and Duties of States, concluded in 1933, defined territory, permanent population, independent government and capacity to enter into relations with other states as criteria which an entity must fulfil to be considered a state under international law. Although Convention has a small number of state parties, it is widely considered to reflect customary international law. With the onset of sea level rise, which might deterritorialize some states consisting of low- lying islands, a question of their continuity as states arises in theory and practice of international law. One of the solutions would be to conceive states as non-territorial legal persons, which would present a shift touching upon one of the core foundations of contemporary international law. In tradition of legal thought, there are three well-established theories explaining the relation between state and territory. Named by the most characteristic element of their conceptualization of this peculiar relation, those are the, in order of their historical prominence, patrimonial, constitutive, competence theory. Every one of them will be presented in brief in order to examine their possible relevance for reconceptualizing of the idea of relation between a state and its territory in circumstances of sea level rise. Patrimonial theory, as the name alludes, is based on the roman law concept of property rights. Drawing from the relation between property and its owner grounded in roman law, it conceptualizes state as an owner of its territory. Constitutive theory, as its name again suggests, takes an opposite path in explaining the relation between a state and its territory. It views a territory as an element forming a state, rather than being an object of state’s dominium. Third theory is the competence theory, which views the relation between a state and its territory as territory being a space over which a state exercises competence in accordance with the very state’s legal order. In other words, territory is not viewed as an object in possession of a state (patrimonial theory) nor as a constitutive element of a state (constitutive theory), but as an object on which a state imposes its legal order. In that sense, competence theory can provide some ideas that might be considered useful for small island states after their possible deterritorialization. To be more precise, if a state is regarded as a legal person imposing its legal order over a territory (and, of course, population inhabiting it), it could be as well regarded as one imposing its legal order over a community of nationals living on some other territory or even scattered around different territories. This view is, of course, connected to many practical dilemmas around its possible implementation since it encroaches around sovereignty of other states. On the other hand, however useful this approach might be to understanding the relation between a state and legal order established under its sovereignty, it falls short of explaining the actual role territory plays for a state. Patrimonial and constitutive theory focus exactly on that question, and the question is crucial also for the idea of a state retaining its legal personality after its territory becomes physically submerged. Competence theory somehow circumvents it, leaving it unanswered, focusing instead on the nature of competences of state over its territory. It must be noted that all of the aforementioned theories were conceived in a specific environment of European (or, at least, western) views on statehood. This might restrict their usefulness in different historical, societal or cultural contexts. With that in mind, this presentation will, nonetheless, examine whether traditional theories explaining the state-territory relation could have relevance in the context of contemporary challenges occurring as a result of climate change induced sea level rise or new theoretical concepts should be sought after if continuation of endangered states wants to be affirmed.Environmental policies and taxes have a signiticant impact on the western region'smitigation efforts, while evidence for the southern region is insignificant. Although thevariables show unidirectional and bidirectional causal relationships, the outcomes arecountry-specific. The study also discusses policy implications based on the findings.

The law relating to intellectual property promotes innovation and other human creations. Concomitantly, environmental law aims to protect the environment. Even though intellectual property rights are temporary grants given to the owner, IP has made a noteworthy contribution to addressing environmental issues. Erstwhile, the awareness of the environmental harm caused by a lot of the technology used in manufacturing, agriculture, and transportation has gained impetus, especially in the last twenty years. Other forms of technology, however, can lessen resource waste and reduce pollution. Therefore, the fundamental motto of intellectual property becomes extremely significant in attaining sustainable development. Sustainable development (SD) has environmental sustainability among the four of its pillar, which can be synergized through intellectual property. The relationship between the TRIPS agreement pertaining to intellectual property and environmental law is complex, but there are still deliberations over it. Simultaneously, the relationship among the WTO’s IP agreement and the (CBD) Convention on Biological Diversity has its focal point of in the Committee on Trade and Environment (CTE).

Climate change crises and environmental imbalances have been a significant concern globally in recent times. The climatic changes give rise to various issues such as global warming, depletion of the ozone layer, deterioration of natural resources, soil erosion, deforestation, and more. Many international and national agreements and policies have been created to protect the environment, from the UNFCCC to the recent Paris Agreement, aiming to control rising environmental issues. However, developed and developing countries must achieve desirable results in combating climate change. Industrial and technological developments are critical reasons for environmental pollution and degradation. Progress is necessary for planned developing countries, but growth and expansions shall also consider ecological sustainability. Technology shall be novel in adapting to the changes, considering the effects it can produce on the environment. Green technology combines technology with the environment, also called environmental technology, clean technology, or sustainable technology. It is a combination of science and technology together to mitigate climatic changes and protect the environment. Green technology is the modern sustainable solution to pressing environmental concerns. India is one of the countries globally showing rapid green technology developments. The authors of this paper have tried to highlight the dire need to modify technological developments vis-a-vis environmental sustainability to protect the environment. The research paper delves into and understands the interface between clean technology’s importance and relevance for ecological sustainability and the role of patent law, particularly in dealing with issues of the environment. The paper shall also establish a harmonious relationship between patent law and its role in ensuring environmental sustainability.

In the last few decades, climate change has created a number of weather anomalies along with their distortive impacts on the environment. Various forms of natural disasters such as floods, landslides, droughts and forest fires disrupt the cultivation of the agricultural sector and strengthen food security. The problem is, the impact of climate change like that has caused crop failures, food crises and even social crises. In fact, climate change is a major risk to good development outcomes. Consequently, there is a need to integrate climate action into the core of development agenda. This sociological juridical research aims to examine what policies and steps the government must prepare to save the agricultural sector, food availability, and the environment. For Indonesia, empowering Intellectual Property Rights (IPR) is a strategy that needs to be used as a guide and direction. The legal system for patents, new plant varieties and geographical indications needs to be used as an instrument as well as a driving force to support agricultural development, food security and distribution of commodities for the people of Indonesia whose population continues to grow.

I consider the role of populism and of private property rights in President Trump’s choice to withdraw the United States from the Paris Agreement on climate change. Despite Trump’s campaign promise, the decision to withdraw was uncertain due to significant disagreement among his advisors, and the perceived but eventually rejected availability of an option permitting the United States to stay in the Paris Agreement while downsizing the commitments made by President Obama. Populist themes are evident in Trump’s June 2017 speech announcing the US withdrawal, including repetitive statements of the need to defend against the machinations of countries which are unfairly taking advantage of the United States, his use of populist tropes such as acting for the people of Pittsburgh rather than the people of Paris, and that the rest of the world is laughing at us. Following significant disagreement among his advisors, the decision to withdraw was in large part due to an active alliance between Steve Bannon, a right-wing populist, and EPA Administrator Scott Pruitt, a staunch ally of major extractive industries exploiting natural resources - organizations that had historically been the target of American populism and progressivism. The legal implications of the Paris Agreement to the American coal industry was crucial to Trump’s ultimate decision to withdraw. Two often overlooked factors of particular importance to American anti-environmentalism are the belief among right wing and rural Americans that modern environmentalism is a threat to constitutionally derived rights to control their private property without government interference; and the relatively greater insistence of Americans on individual freedom rather than collective security. Further, the anti-elitism central to both right and left-wing populism had been successfully extended to climate change science and scientists. I conclude that Trump’s decision primarily was based on those factors that were most likely to validate him personally through reelection - keeping faith with both his right-wing populist voting base and his industry funding base. In doing so he actively brought toward the mainstream the anti-environmentalist views of right-wing populists. Approaches that might lessen the voting strength of anti-environmental right-wing populists include recognizing and exploiting the unholy alliance between big industry and right-wing populists; focusing more attention on the significant environmental risks faced by populations that tend to vote for Trump or Trump-like candidates, such as farmers and military families; and respectful sensitivity to constitutionally-derived property rights and similar issues underlying American anti-environmentalism.

The development of environmental law starting in the mid-20th century involved constant tension with private property. Attempts to protect the dwindling natural resources, extinct species of animals, and ecosystems at risk have often encountered obstacles when they demanded interference with private property. Although the theoretical roots of private property do not justify its transformation into an environmental obstacle and, to a large extent, attach importance to environmental values in justifying private property rights, it was private property that stood at the forefront of legal conflicts that revolved around attempts to expand the environmental protection of natural resources.