The Eagle: Trinity College Law Gazette

Page 6

Page 3

Foreword

The Eagle: Environmental Issues Foreword by Trinity Professor, Dr. Suryapratim Roy In the last issue of The Eagle, my colleague Neville Cox suggested that dark times notwithstanding, 2020 was one of the best years of his life. He correctly pointed to the resilience and enthusiasm of the law school community, its students and staff. It’s rare to be part of a crowd that makes the best of a situation. There’s something else I’ve been noticing among our students that I need to mention. They’ve figured out how to look into the abyss, and rather than give in to it, pick out the unsanitised bits, and turn them into scholarship. There is a temptation in these times to give in to banality. We can passively consume disembodied statistics, while the virus actively chips away. Our students are not passive consumers. In our dissertation module on Emergency Law, some of the questions being posed are: Do emergency laws create permanent constitutional change? Given that the Rule of Law requires certainty and planning, is it useful for altered social conditions? Can the judiciary step in when there is executive under-reach in responding to a crisis? Does the unconvincing jurisprudence on derogation from human rights point to more fundamental problems with human rights? What are the invisible forms of structural discrimination that have become evident in the last couple of years? There’s something so very refreshing in grafting visibility onto the latent. We don’t normally worry about trafficking of exotic meat and merchandise, until they have a role in a pandemic. And the pandemic as we know affects some people more than others. This is true for the slow and unequal violence of climate change – accumulation of capital, formation of nation-states, colonial encounters, and wars led to ecological change, which contributes to respiratory diseases and drought. And in turn, the impact would be greater in places that have compromised air quality or water shortage. Things we don’t think about are potent, and unequally so. To understand how people can do evil without being evil, Hannah Arendt was interested in the banality of evil. To understand why the law school thrives in a pandemic, we could paraphrase Arendt and say: our students have a knack for grasping the evils of banality.

“We don’t normally worry about trafficking of exotic meat and merchandise, until they have a role in a pandemic. And the pandemic as we know affects some people more than others. This is true for the slow and unequal violence of climate change.”


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Articles inside

Interview with Trinity Professor and Co-Founder of Natural Capital Ireland, Jane Stout by Dylan Krug

15min
pages 86-94

An Interview with Environmental Justice Solicitor Rebecca Keatinge by Emma Bowie

7min
pages 82-85

The Dichotomy of Inference: Voluntourism and Outsourced Emissions by Ellen Hyland

5min
pages 68-69

15-Minute Cities, Irish Planning Bureacuracy, and Dutch Urban Design by Ted Halligan

10min
pages 74-77

Fast Fashion, the Environment, and the Need to Stop the Cycle by Doireann Minford

6min
pages 70-73

Brennan

7min
pages 78-81

The Complicated Relationship Between the U.S. and the Paris Climate Agreement by Niamh Stallings

6min
pages 64-67

ECtHR Climate Litigation: Youth Taking the Lead Once Again by Jacob Hudson

10min
pages 57-63

Environmental Destruction and Blood: The True Price of Oil by Adaeze Chuckwugor and Dara Neylon-Marques

12min
pages 53-56

From Megaphones to Magistrates: Climate Activism is Turning to the Courtroom by Eoin Gormley

6min
pages 50-52

An Interview with Environmental Law Specialist Sinéad Martyn by Emma Bowie

9min
pages 46-49

The Future of Constitutionally Protected Environmental Rights by Kyle Egan

7min
pages 37-41

Interview with Matthew Mollahan, Campaign Assistant with Climate Case Ireland by Scott Murphy

8min
pages 34-36

The Eagle Interviews Former President Mary Robinson by Rory Anthoney-Hearn

6min
pages 42-45

The Cancer of Climate Change Law: Challenges of Pre-Existing Legal Formalism are Proving Cumbersome by Luke Gibbons

7min
pages 30-33

Toward a Greener Constitution: The Fate of a Constitutional Right to a Healthy Environment in Ireland by Muireann McHugh

8min
pages 21-23

A Constitutional Right to a Healthy Environment by Georgia Dillon

12min
pages 24-29

Non-Western Legal Traditions and Environmental Law by Emilie Oudart

6min
pages 18-20

Is Climate Change the Ultimate Tragedy of the Commons? by Olivia Moore and Samantha Tancredi

7min
pages 8-11

Buried Treasure: The Memphis Sands Aquifer by Leah Grace Wolf

5min
pages 12-15

The Eagle: Environmental Issues Foreword by Trinity Professor, Dr Suryapratim Roy

2min
pages 6-7

Do Rivers Have Rights? The Legal Standing of Rivers as a Reflection of the Societies in Which They Flow by Aoibh Manning

6min
pages 16-17

Letter from the Editor by Samantha Tancredi

2min
page 5
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