Tag: environment

Why is the demarcation of indigenous peoples’ territories in Brazil important to achieve European and global climate goals?

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Cecília Bojarski Pires  (PhD Candidate at the School of Law of the University of Minho)
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Indigenous and tribal peoples’[1] ancestral territories are essential for climate stability and resilience.[2] “Their territories contain about one-third of all the carbon stored in Latin America and the Caribbean forests and 14 percent of the carbon stored in tropical forests worldwide”.[3] It is indisputable that the role played by indigenous peoples is vital in terms of global climate action, but that is not all. This article aims to demonstrate the importance of preserving indigenous peoples’ lands to achieve European and global climate goals, protect the forests and other ecosystems, conserve biodiversity, and prevent climate change. Furthermore, it is a matter of respect for human rights, a European value.

According to Villares,[4] indigenous peoples are united to the land and all its elements. Moreover, the land is not just a tangible material element but a subjective element that takes on a transcendental character. Thus, the territory is occupied and developed by everyone in that community. For that reason, indigenous peoples’ production system is, in general, much less predatory. The consequence of this special way of dealing with the land means that indigenous peoples can use natural resources without putting ecosystems at risk. It makes them indispensable for guaranteeing environmental conservation and contributing to the fight against poverty, hunger, and malnutrition.[5]

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Editorial of September 2023

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By the Editorial Team
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Impact of climate change on children and young adults

At the end of November 2020, international media[1] reported that the European Court of Human Rights (ECtHR) had ordered 33 European governments to respond to a landmark climate lawsuit lodged by four children and two young adults from Portugal – Duarte Agostinho and Others, no. 39371/20. The media pointed out that this could be the most important case ever tried by the European Court; it is the first occasion the Court has had the opportunity to grapple with climate change and its impact on individuals. The case was filed in September 2020 after Portugal recorded its hottest July in 90 years. It was initiated three years ago following the devasting forest fires in Portugal that killed more than 120 people in 2017. The ECtHR will be holding a hearing for this case on 27 September 2023.

The young applicants are being represented by British barristers, experts in environmental and climate change law, and supported by the London and Dublin based NGO “Global Legal Action Network” (GLAN).[2]  At the request of GLAN, some Editors of UNIO provided a (pro bono) legal opinion for that case concluding that the Portuguese judicial regime is not equipped with a mechanism that allows the prosecution of all the pursued/targeted countries and that any decision issued by a Portuguese court would have limited territorial scope.  

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The Nature Restoration Law in the European Parliament

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Isabel Estrada Carvalhais (MEP | Full Member of the Committee of Agriculture and Rural Development and of the Committee of Fisheries | Member of the Group of the Progressive Alliance of the Socialists and Democrats)
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Introduction[1]

This is not an article with academic purposes and even its modest informative and reflective intent is far from complete. Its main aim is to contribute to further information and reflection on a quite important topic presently on top of the European political agenda: the Nature Restoration Law.

I suggest we look at the European Commission’s (EC) proposal for a regulation on the restoration of nature (hereinafter referred to as the Nature Restoration Act or NRL), at the on-going negotiation process in the European Parliament (EP) with recent votes in two associated committees (the Committee on Agriculture and Rural Development and the Committee on Fisheries) and in the EP leading committee (Committee on the Environment, Public Health and Food Safety).               

Let us start from the beginning and the beginning is not in the EC proposal itself, but a bit further back, in the conclusions of the European Council of 20 June 2019, immediately after the European elections of 26 May.

The conclusions provided (and still do) a clear preview of the key priorities for action in the European political agenda, as understood by the heads of state and government of the 27 Member States. It is important here to make this reference especially in a social context where we tend to ignore (or are instrumentally led to ignore) the active role that our states and our rulers play in the design of the European project. Chapter III of the conclusions of the European Council[2] reads as follows: “The European Council underlines the importance of the Climate Action Summit that the UN Secretary-General will organise in September 2019 to strengthen global climate action in order to achieve the objective of the Paris Agreement, including by pursuing efforts to limit the temperature increase to 1.5 °C above pre-industrial levels, and welcomes the active participation of Member States and the Commission in the preparations.”

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Sustainability and trade marks

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Maria Miguel Carvalho (Associate Professor with Habilitation, School of Law, University of Minho, Portugal. Director of Research Centre for Justice and Governance, School of Law, University of Minho, Portugal)
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Introduction*

The importance of intellectual property [IP] in the pursuit of goal 9 of the 2030 Agenda (build resilient infrastructure, promote inclusive and sustainable industrialization and foster innovation) is often mentioned and, upon the initiative of the World Intellectual Property Organization [WIPO], was already the leitmotif of the World IP Day in 2020 (“Innovate for a Green Future”)[1], although for the most part only patents and utility models are mentioned. However, due to a growing awareness on the part of consumers [the “green” consumers (LOHAS consumers)][2] on the impact of their choices, in recent years the role that trade marks might play in this domain is also emerging[3] (e.g., the 2022 MARQUES Annual Conference theme: “Celebrating marks: How sustainability and technology will shape the future of brands”).

Trade marks are distinctive signs of products or services that provide relevant information to consumers. They can therefore play a highly relevant role concerning, in particular, the increased choice of products or services distinguished with “green” signs, and thus also encourage companies to adopt (more) sustainable practices. Companies, aware of this fact, have been increasingly adopting the so-called green branding, which consists in using trade marks that suggest that the products or services they indicate are environment-friendly (green marks, eco marks), for example, because they are recyclable.

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Lula’s presidency: what to expect from the European Union – Brazil relationship

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José Manuel Fernandes (Member of the European Parliament and Chairman of the European Parliament Delegation for relations with the Federative Republic of Brazil)
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Lula da Silva’s victory in Brazil’s 2022 presidential elections is an opportunity for the strengthening of relations between the European Union and Latin America’s largest country. Taking advantage of the new Brazilian government taking office on January 1, 2023, as well as the unfortunate events of January 8, when protesters invaded Brazilian institutions. In this text, I propose to address what I hope and wish for the bilateral relations between the EU and Brazil in the coming years. For my part, and as Chairman of the European Parliament Delegation for relations with the Federative Republic of Brazil, I take what I write not only as analysis, but also as political commitment.

The size and importance of Brazil continues to elude most Europeans, even the main political leaders. We perpetuate a distant and incomplete vision of what Brazil actually is: a country that represents half of Latin America, both geographically and demographically; the 10th economy in the world; one of the five largest agricultural producers in the world. It is time to recognize Brazil as a global giant, and to treat it as such.

The key word must be “cooperation”. Without paternalism, by mutually recognizing potentialities and weaknesses. Cooperation must have as common ground the values of freedom, democracy, the rule of law, and the uncompromising defence of human dignity and human rights. Environmental sustainability and inclusion are also essential elements for the economic development we must conquer.

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Lula da Silva is President of Brazil once again: are we closing a cycle of lawfare?

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By Guilherme Torrentes (Master in Human Rights from the University of Minho)
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On January 1, 2023, Luiz Inácio Lula da Silva was sworn in as President of Brazil for the third time, after one of the fiercest electoral disputes since the re-democratization of the country (which occurred in 1985), in which Lula da Silva defeated Jair Bolsonaro. It is perhaps the end of a cycle of “lawfare” – a term that can be defined as the strategic use of law for the purpose of delegitimizing, harming, or annihilating an enemy[1] – that is, the perverse use of legal rules and procedures for the purpose of political persecution. This cycle of lawfare was initiated in a tentative way by what became known as “Mensalão” (a “mega” or “maxi” judicial process that culminated in the conviction of several political members of Lula’s first government for corruption) and worsened with the impeachment process of President Dilma Roussef and “Operação Lava Jato” (another “mega” judicial process that culminated in the illegal imprisonment of Lula for 580 days).

This cycle of lawfare has jeopardized the continuity of the democratic rule of law, as the Brazilian judiciary and criminal process have been instrumentalized by the exception and subjectivity undesirable to its performance, in order to achieve the desired political ends. It is worth noting that in 2018, the Brazilian State failed to comply with a recommendation of the United Nations (UN) Human Rights Committee to guarantee Lula the right to run for the presidential elections of that year, invoking its domestic laws to not apply Article 25 of the International Covenant on Civil and Political Rights (which guarantees every citizen the right and the opportunity, without unreasonable restrictions, to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors).[2]

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Editorial of December 2022

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By Nataly Machado (Master in European Union Law from the School of Law of the University of Minho)
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What if mechanisms of solidarity had more effectiveness beyond the borders of the European Union? At least for the climate crisis?

On 24 November last, the European Union (“EU”) energy ministers reached an initial agreement, albeit with some differences[1], on the content of the proposed Council regulation on enhanced solidarity for further temporary emergency measures aimed at curbing high energy prices through better coordination of joint gas purchases on world markets, with the objective of the Member States not competing with each other. Furthermore, they decided on gas exchanges across borders, with “measures enabling Member States to request solidarity from other Member States in cases where they are unable to secure the quantities of gas essential to ensure the operability of their electricity system”[2], and reliable price reference standards, which will provide stability and predictability for Liquified Natural Gas “LNG” transaction prices, with the new index until 31 March 2023. Also, the EU energy ministers agreed on the content of a Council regulation laying down a temporary framework to accelerate the permit-granting process and the deployment of renewable energy projects[3].

The abovementioned shows that solidarity in the context of the EU should have a more pragmatic and concrete approach – and explained by the cooperation between Member States –, since it imposes legal obligations, such as being loyal in mutual relations and undertaking all necessary efforts to achieve common goals. In other words, the possibility of justification for an imposition of solidarity linked to legal duties remains clear, since it is a question of a sharing of common tasks/responsibilities[4].

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Do spinach and smart cities benefit your health?

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By Cecília Pires (PhD Candidate at the School of Law of the University of Minho)
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The pure and simple acquisition of technologies to make the city smarter is a bit like the analogy employed by Arnstein[1] and resembles eating spinach – at first nobody is against it because, after all, it is only beneficial to one’s health. So how can these positive effects be denied? Indeed, it is not simply because a solution proposes to be smart that it will in fact be so for everyone. Hence, what is the real goal of a smart city?

Smart cities emerge as a new urban planning paradigm that seeks to incorporate information and communication technologies (ICTs) to address urban issues in an innovative, sustainable, and resilient way to promote the quality of life for all citizens.

Cities have been given a central a role due to the need for effective responses to urban problems, mainly the high levels of energy consumption and CO2 production. Yet, there is no single definition for a smart city: it is a polysemic concept that can be understood from different perspectives, according to different areas of knowledge. Therefore, the understanding of what smart cities entail is gradually being built.

The Leipzig Charter on Sustainable European Cities (2007),[2] the United Nations 2030 Agenda for Sustainable Development (2015),[3] the United Nations New Urban Agenda (2017),[4] the Urban Agenda for the European Union (2019/2021),[5] and the New Leipzig Charter (2020),[6] and other commitments and pacts are strategic references. Those instruments function as normative guidelines for urban planning, urban public policies, and actions by the EU Member States.

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EU Carbon Border Tax Mechanism: a potential Boon or Bane for India

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By Aaiysha Topiwala (third year undergraduate student at Gujarat National Law University - India)
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As the world grapples with the rising frequency of catastrophic climate effects, all the nations have realized the urgent need for global efforts to tackle the mammoth challenge of climate change. In this scenario, the European Union (EU) has emerged as an environmental leader at the global level. The environmental laws and policies adopted by the EU are considered one of the most ambitious policies in the world. The recent policy brought out by the EU last year is yet another proof of its determination to remain at the forefront of tackling climate change. The European Parliament, in July 2021, announced that it would levy a carbon border tax on all imported carbon products. After almost a year of the announcement of this policy and with less than half a year left for the transition period set to begin in 2023, it becomes essential to revisit this policy and determine its effect on India along with the possible solutions.

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European Union Taxonomy: what is it and how will it work?

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Nataly Machado (Master’s student in EU Law at UMinho).
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Taxonomy: where does this word come from? “The term is derived from the Greek taxis (“arrangement”) and nomos (“law”). Taxonomy is, therefore, the methodology and principles of systematic botany and zoology and sets up arrangements of the kinds of plants and animals in hierarchies of superior and subordinate groups”[1] In accordance to Maria da Gória F.P.D. Garcia:“it is the verification by scientists emerging from the community and from various quarters, sometimes against each other, that warns of the need to base political decisions on scientific knowledge if the very continuity of life in society is to be preserved.”[2] (free translation)

Let us make a brief Taxonomy’s history background. The first records of biological classification, which gave rise to taxonomy, the area of biology responsible for identifying, naming and classifying living beings, take us back to the Greek philosopher Aristotle (384-322 BC). However, it was in the 18th century that the botanist Carolus Linnaeus developed the binomial nomenclature system, written in Latin, which is still used today. A well-known example that identifies us as a species: Homo sapiens.

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