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Open research questions in Environmental law and policy

165 unresolved questions extracted from the limitations and future-work sections of 2,157 Environmental law and policy papers in our library. Each links back to the study that raised it.

What the literature leaves open

  • However, knowledge about observations produced in activist CS and their functions at courts is scarce.

    Citizen Observations as Legal Obligations: (Dis)Associations and Representation at the Swedish Land and Environment Court of Appeal · 2024 · DOI

  • The absence of a formal legal framework for private sustainability agreements. The lack of clear statutory guidance on the application of antitrust law to sustainability agreements.

    Weaponized Uncertainty: Addressing Antitrust Law’s Climate Cooperation Problem · 2026 · DOI

  • The declaration of legal personhood to rivers and glaciers lacks enforcement. There is a conflict of interest when the state acts as both a developer/polluter and the guardian of environmental rights. The environment protection becomes toothless due to the lack of effective punitive measures and low funding.

    CONSTITUTIONAL MANDATE FOR ENVIRONMENTAL PROTECTION IN INDIA: A HOLISTIC LEGAL STUDY · 2026 · DOI

  • The lack of effective enforcement mechanisms for environmental protection. The conflict between development, economic interests, and environmental conservation. The lack of skilled manpower and technically competent members in State PCBs.

    CONSTITUTIONAL MANDATE FOR ENVIRONMENTAL PROTECTION IN INDIA: A HOLISTIC LEGAL STUDY · 2026 · DOI

  • Traditional environmental risk regulation has proven inadequate to address systemic challenges. There is a need for a more effective approach to environmental governance.

    In Defence of Environmental Target Laws · 2026 · DOI

  • The integration of climate change legal regulations into the Indonesian legal education curriculum remains limited. A gap exists between the complexity of climate change legal issues and the readiness of legal education institutions.

    Pengarusutamaan Hukum Perubahan Iklim dalam Kurikulum Pendidikan Tinggi Hukum di Indonesia · 2026 · DOI

  • The government's role in protecting natural resources is limited. There are major obstacles to the acceptance of green technology. The relationship between law, technology, and the environment is complex.

    GREEN TECHNOLOGY: A PATH TOWARDS ENVIRONMENTAL SUSTAINABILITY · 2026 · DOI

  • There is a need to integrate technology, law, and environmental responsibility. The article identifies a gap in the literature on green technology and environmental sustainability.

    GREEN TECHNOLOGY: A PATH TOWARDS ENVIRONMENTAL SUSTAINABILITY · 2026 · DOI

  • The 20th and early 21st century regime of global environmental governance has failed to resolve significant environmental crises. There is a need for new conceptual and legal innovations, such as the Rights of Nature, to address environmental crises.

    Global Environmental Governance and Rights of Nature Discourses in an Age of Deglobalisation: People, Planet, and Power · 2026 · DOI

  • The gap between ecological ethics and animal ethics in environmental policy. The lack of integration of ecological ethics and animal ethics in a democracy.

    Ética medioambiental y ética animal en la democracia · 2026 · DOI

  • The complexity of modifying and terminating treaties due to climate change. The need for a more flexible approach to treaty interpretation. The international community's reluctance to erode treaty stability.

    Rationalising Gabčíkovo–Nagymaros as India’s Basis to Terminate the Indus Waters Treaty: Revisiting the ‘Standard’ of Unforeseeability in Article 62 of the Vienna Convention on the Law of Treaties · 2026 · DOI

  • The international community's reluctance to erode treaty stability through the doctrine of rebus sic stantibus. The limited forensic success of the principle of rebus sic stantibus.

    Rationalising Gabčíkovo–Nagymaros as India’s Basis to Terminate the Indus Waters Treaty: Revisiting the ‘Standard’ of Unforeseeability in Article 62 of the Vienna Convention on the Law of Treaties · 2026 · DOI

  • The existing law has a significant gap regarding climate-induced displacement. The gap has real human costs and existing institutional mandates are not adequately addressed.

    Ecological Self-Determination: Legal Personality, Climate Dissolution, and the Rights of Non-Territorial Peoples · 2026 · DOI

  • The lack of clarity in certain environmental protection norms leads to interpretative and applicative difficulties. The lack of awareness among the population regarding environmental risks is a significant challenge.

    Environmental Justice and the Protection of Human Dignity: Legal Challenges and Opportunities under the new Council of Europe Convention · 2026 · DOI

  • Dignity often remains conceptually vague or rhetorically inflated. Dignity is protected in multiple legal instruments but lacks universal codification as a standalone, enforceable right. This fragmentation limits its justiciability and weakens its impact in transnational litigation.

    Sustainable Development and the Protection of Human Dignity: Legal Perspectives between International and EU Law · 2026 · DOI

  • Developing new legal instruments and standards that give concrete form to dignity. Expanding justiciable rights linked to climate, water, and food. Enhancing procedural safeguards for vulnerable communities.

    Sustainable Development and the Protection of Human Dignity: Legal Perspectives between International and EU Law · 2026 · DOI

  • The EU's climate policy measures do not account for the social, economic, and institutional fragilities in the Global South. The EU's green transition may exacerbate structural inequalities and global economic exclusion.

    Human Dignity in the Shadow of Sustainability: The EUʼs Green Transition and the Exclusion of Informal Mining Communities · 2026 · DOI

  • The global and diffuse character of climate change. The massive involvement of private actors in generating emissions. The need to establish a fair balance between the needs and rights of those living today and those of future generations.

    An International Law Approach to Climate Justice: Human Dignity and the Rights of Future Generations · 2026 · DOI

  • The need to broaden the concept of legal responsibility towards the establishment of a positive obligation to protect future human dignity. The lack of an ethics of anticipation in international law to address climate justice.

    An International Law Approach to Climate Justice: Human Dignity and the Rights of Future Generations · 2026 · DOI

  • The complexity of climate change and its implications for international law. The need for cooperation and coordination among states in addressing climate change. The challenge of holding states accountable for climate-related harm.

    SUMMARY OF THE ADVISORY OPINION OF THE INTERNATIONAL COURT OF JUSTICE (ICJ) DATED 23 JULY 2025 · 2026 · DOI

  • The lack of clarity on states' obligations under international law regarding climate change. The need for a framework to understand state responsibility and cooperation in addressing climate change.

    SUMMARY OF THE ADVISORY OPINION OF THE INTERNATIONAL COURT OF JUSTICE (ICJ) DATED 23 JULY 2025 · 2026 · DOI

  • The implementation of prior consultation remains limited and largely dependent on political will. The study recognizes the limitations in the implementation of prior consultation, including the lack of access to information, the absence of intérpretes in Indigenous languages, and the disregard for traditional organizational structures.

    Consulta previa como garantía de la sostenibilidad ambiental y la participación efectiva de las comunidades · 2026 · DOI

  • The study identifies a gap in the implementation of prior consultation, despite the robust legal framework. The research highlights the need for a more inclusive and transparent approach to prior consultation.

    Consulta previa como garantía de la sostenibilidad ambiental y la participación efectiva de las comunidades · 2026 · DOI

  • Future research could focus on the development of new legislation and policies to protect consumer rights in the context of the circular economy. Studies could explore the implementation of the circular economy in other countries and regions. Research could investigate the impact of the circular economy on consumer behavior and awareness.

    CONSUMER RIGHTS IN THE REPUBLIC OF MOLDOVA IN THE CONTEXT OF THE TRANSITION TO A CIRCULAR ECONOMY: INTERDISCIPLINARY APPROACHES FROM ENVIRONMENTAL, CIVIL AND EUROPEAN LAW · 2026 · DOI

  • The paper identifies a gap in the Moldovan regulatory framework in comparison to European Union regulations. The study highlights the need for a coherent legal reform to integrate the principles of the circular economy into national legislation. The paper notes that the current legislative framework is not sufficient to protect consumer rights in the context of the circular economy.

    CONSUMER RIGHTS IN THE REPUBLIC OF MOLDOVA IN THE CONTEXT OF THE TRANSITION TO A CIRCULAR ECONOMY: INTERDISCIPLINARY APPROACHES FROM ENVIRONMENTAL, CIVIL AND EUROPEAN LAW · 2026 · DOI

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165 open questions have been extracted from the limitations and future-work passages of 2,157 Environmental law and policy papers in our library. Each one below links back to the study that raised it, so you can read the original claim in context.

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