This article examines the recognition of Indigenous Territory as a living, sacred, and sentient victim within Colombia's transitional justice process, centred on the landmark 2019 decision of Colombia's Special Jurisdiction for Peace (JEP) recognising the Awá Territory, Katsa Su , as a victim of the armed conflict in Macro-Case 02. While this decision has often been read through the lens of the eco-centric legal turn, we argue that such framings risk obscuring the Indigenous legal systems and principles of self-determination from which this juridical innovation emerges. Co-authored by an Indigenous magistrate of the JEP and a legal anthropologist, the article develops a dialogical, co-theorising socio-legal methodology grounded in situated solidarities and convergence spaces, including co-creative audio-visual storytelling. Rather than treating Indigenous legal knowledge as empirical data, we approach Indigenous judicial practice, territorial knowledge and Indigenous legal reasoning, what we term Territory with a capital T, as theory-generating in their own right. Centring Indigenous legal systems and territorial ontologies, we argue, enables environmental law and transitional justice to become sites for advancing Indigenous self-determination and recognising multiple systems of life constituted through human and more-than-human relations, moving beyond the limits of the eco-centric legal turn.
This paper provides a legal analysis of carbon credit secured financing, focusing on a comparative study of the verified carbon standard and China certified emission reduction (CCER) systems. Utilising doctrinal analysis and document analysis, it introduces a multidimensional framework to evaluate carbon credits’ eligibility as property to secure debts. The paper argues that verified carbon units (VCUs) should be regarded as contractual claims, whereas China certified emission reduction units (CCERUs) ought to be positioned as property rights in general carrying erga omnes (against the world) effect under the protection of Article 126 of the Civil Code of the People's Republic of China. It recommends using VCUs as debt security through a floating charge, while CCERUs are more suitable for a fixed charge. These findings provide practical guidance for stakeholders aiming to leverage carbon credits for financial security, contributing to optimising both China's domestic and the global green financing system.
This paper explores Kenya's pursuit of just transition through the integrated lens of Women's, Children's, and Nature's (WCN) rights. The paper applies intersectionality, environmental justice, and rights-based frameworks to explore how Kenya's constitutional and policy frameworks address equity. It considers how principles of equality, participation, and sustainability shape climate action in Kenya. The paper traces the evolution of environmental governance in Kenya and assesses the gendered and generational vulnerabilities. Connecting global commitments, such as the Paris Agreement and Agenda 2063, with national initiatives, the paper reveals the centrality of WCN rights in achieving inclusive, low-carbon development. The paper examines the concept ‘just transition’ through the lens of women's, children's, and nature's rights. It argues that while Kenya has a robust legislative and institutional framework governing just transition, implementation of just transition interventions remains a challenge because the law in the books continues to be at variance with the laws in action and the lived realities of Women, Children, and Nature rights in the Kenyan socio-political context. The paper unmasks the assumptions inherent in just transition discourses and provides recommendations on how gender, child, and ecological justice can be part of the green transformation in Kenya. The paper concludes that strengthening data, research, participatory monitoring, and policy coherence is important in ensuring that the transition is just and sustainable.
This commentary examines the obstacles to Bangladesh's maritime greenhouse gas (GHG) emissions reduction in light of changing international commitments. It places Bangladesh's decarbonization initiatives in the context of the IMO's 2023 GHG Strategy, the GreenVoyage2050 programme and recent advisory opinions from the International Tribunal for the Law of the Sea and the International Court of Justice. The commentary denotes that, while GreenVoyage2050 provides valuable technical support, systematic legal, institutional and financial barriers continue to limit real emission reductions. Delivering maritime GHG emissions reduction in Bangladesh requires extensive legislative reform, institutional development and ongoing international support based on climate justice principles.
This article examines the effectiveness of local environmental compliance regimes in the United Kingdom (UK), focusing on the case study of Cornwall and the Isles of Scilly. Despite national and international commitments, the ecological emergency underscores the need for effective governance at the local level. Through a mixed-methods approach, including legal analysis, freedom of information requests, and stakeholder workshops, this research assesses the performance of key public authorities in a specific region. The findings reveal that while local authorities demonstrate a commitment to environmental protection, their effectiveness is hindered by inadequate funding, skills gaps, overlapping jurisdictions, and communication barriers. Offence data indicates mixed trends, underscoring the importance of specific mandates. The article proposes streamlining reporting, bridging jurisdictional divides through coordination committees, cultivating environmental stewardship through public engagement, and prioritising workforce development with fair compensation. The study advocates for accessible information platforms, collaborative case reviews, and community reporting workshops. These novel mechanisms aim to empower citizens, facilitate coordinated action, and foster a culture of environmental stewardship. Effective implementation requires securing diversified funding, building stakeholder consensus, and ensuring data protection. This article provides impactful insights for local environmental compliance regimes within the UK and internationally and calls for collective action to improve governance.
