Special Issue

LAW AND THE ENVIRONMENT CONFERENCE 2025, UNIVERSITY COLLEGE CORK: REFRAMING ENVIRONMENTAL LAW FOR ACCOUNTABILITY, CIRCULARITY, SUSTAINABILITY AND JUSTICE

Editorial

OWEN McINTYRE
University College Cork

Articles
SLAPP vs SLAPP-back: the seismic Greenpeace verdict and the future of environmental protests
PATRICK PARENTEAU
Emeritus Professor of Law, Vermont Law and Graduate School

This battle pitting courts in the US and the EU over what constitutes a SLAPP suit is the first of its kind that promises to establish a new paradigm for transnational litigation involving confrontations between activists and developers of fossil fuel projects and other activities threatening environmental harm. This article explores the origins of the Energy Transfer v Greenpeace controversy, provides an overview of the issues raised in the competing lawsuits, and offers some observations on the future of environmental protests in a world of SLAPP and SLAPP-back lawsuits. 

Are environmental protection and climate policy provisions in International Investment Agreements (IIAs) negotiated by African states aligned with commitments under the Paris Agreement?
OLAJIDE AKINLEYE-MARTINS
Northumbria University

This article examines the extent to which the IIAs negotiated by African states integrate and address environmental protection and climate measures. By analysing a range of IIAs negotiated by African states, selected from the five regions of Africa and based on four themed criteria, the study reveals that, while there are some commendable developments in a few of the recently negotiated IIAs, much improvement is still required to intentionally incorporate strong climate action and environmental protection policy measures in IIAs negotiated by African states. The article further identifies exemplary model environmental protection and climate action provisions which could be adapted by African states, and also highlights proactive provisions that African states could integrate into their IIAs in balancing investment promotion with environmental and climate change realities, with a view to achieving a climate-friendly and sustainable continent. 

Implementing EU Climate Law: a glance at the ‘climate trilemma’
Anyssa Fatmi
Bordeaux University, France
and
Mykolas Romeris
University, Vienna

The climate trilemma refers to the challenge of balancing three critical objectives: environmental protection, economic growth and social equity. The concept is particularly relevant in the context of climate policies, where achieving one objective often comes at the expense of the others. The trilemma highlights the inherent trade-offs and conflicts that policymakers face when designing and implementing climate-related measures. This involves designing policies that maximise synergies and minimise conflicts, such as investing in green technologies that create jobs and reduce emissions, or implementing social safety nets to protect vulnerable populations from the impacts of climate policies. By recognising and addressing the trade-offs between the three objectives, policymakers can develop more effective and equitable climate strategies.

Individual transferable quotas as a legal tool in Europe and around the world: from overfishing to sustainable management
CHARA MIKROPOULOU
Ministry of Environment and Energy, Greece

This article examines Individual Transferable Quotas (ITQs) as an effective mechanism for sustainable fisheries management that aligns environmental sustainability with market efficiency. It explores their legal frameworks and pedagogical integration within the European Union, drawing upon global case studies. The study juxtaposes ITQs with Emissions Trading Systems (ETS) to illustrate the dual benefits of tradable rights in advancing economic and environmental objectives. The article argues that, if supported by robust legal and regulatory frameworks ensuring equity, ITQs have the potential to contribute substantially to the EU’s Blue Economy ambitions and environmental goals. 

The implementation of the World Heritage Convention in Irish law with particular reference to archaeological and built heritage~
SEÁN KIRWAN
Senior Archaeologist, National Monuments Service, Dublin

The question of how the World Heritage Convention is implemented in Ireland’s domestic legal system is not a new one, but it is timely to consider it, given a number of recent developments. Recently enacted legislation now refers explicitly to the Convention for the first time, and the 2025 Programme for Government refers to supporting ‘applications for additional UNESCO recognition sites’. That it is intended to progress this is indicated by the publication of a national strategy for world heritage and the revision of Ireland’s ‘Tentative List’ of potential World Heritage Properties in 2022, with additions in 2025. The focus of the discussion here is on archaeological and built (or architectural) heritage, while the question  of whether there are natural heritage properties which should go forward for inscription on the World Heritage List remains open. 

Current Survey

European Union
MARTIN HEDEMANN-ROBINSON
University of Kent, Canterbury

Key Policy Developments March–April 2023
Climate and energy 
Water management 
Waste management 
Energy and environment 
Nature and biodiversity 
Chemicals
Industry and competition 
Transport and environment 
Various environmental policy issues 

Law Enforcement Issues March–April 2023
Water and marine environment 
Waste and resources management 
Environmental impact assessment 
Noise 
Energy 
Transport 
Investment