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Open research questions in Environmental law and policy

163 gap statements mined from Environmental law and policy papers in our 7.9M-paper local library, which holds 2,478 papers on the topic — drawn mostly from each paper's own stated research gap, future-work, challenge and limitation notes, and its abstract. The ones listed below are a selection still marked open; each names the study that raised it, with a DOI link where the paper has one.

Choosing where to publish on Environmental law and policy? See the ranked Social Science journals.

What the literature leaves open

  • However, as a consequence of the diverse conceptions of what the atmosphere is and the diversity of atmosphere-related environmental and social advocacy, the right to atmosphere has been conceived in fundamentally contradictory ways, and the path to its achievement remains unclear.

    The right to atmosphere · 2025 · DOI

  • 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

  • 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 lack of integration of ecological ethics and animal ethics in a democracy.

    Ética medioambiental y ética animal en la democracia · 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

  • 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 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 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

  • The need for a new approach to environmental policies. The lack of consideration of Christian ethics in informing climate change policies.

    Constitutionality, Legality and Ethics in Climate Change Policies. Romanian Case · 2026 · DOI

  • The paper suggests that future research should focus on developing a pluralist approach to corporate accountability for climate change. The paper highlights the importance of considering the multilevel regulatory framework for corporate accountability for climate change.

    Theoretical Challenges of Corporate Legal Accountability for Climate Change · 2026 · DOI

  • The paper argues that modern legal theory may be insufficient to fully grasp the complexities of corporate accountability for climate change.

    Theoretical Challenges of Corporate Legal Accountability for Climate Change · 2026 · DOI

  • The lack of a clear framework to assess the legitimacy of public health emergency laws. The need to balance necessity, legitimacy, and liberty in public health emergency response. The importance of considering the rule of law and human rights in public health emergency response.

    Balancing Necessity, Legitimacy, and Liberty: A Normative Evaluative Framework for Public Health Emergency Powers · 2026 · DOI

  • In brief, while laws require uniformity and legal certainty, soils are by nature heterogeneous and their functioning is still not completely understood.

    Bridging Law and Soil Science to Promote Soil Health · 2025 · DOI

  • 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 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

  • 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

  • Further development of the proposed framework. Application of the framework to specific public health emergency scenarios. Exploration of the implications of the framework for public health emergency response and policy-making.

    Balancing Necessity, Legitimacy, and Liberty: A Normative Evaluative Framework for Public Health Emergency Powers · 2026 · DOI

Most-cited papers in Environmental law and policy

Most recent work

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Open questions raised by papers listed on this page include: (1) 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); (2) 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…”, 2026); (3) The integration of climate change legal regulations into the Indonesian legal education curriculum remains limited (“Pengarusutamaan Hukum Perubahan Iklim dalam Kurikulum Pendidikan Tinggi Hukum…”, 2026); (4) There is a need to integrate technology, law, and environmental responsibility (“GREEN TECHNOLOGY: A PATH TOWARDS ENVIRONMENTAL SUSTAINABILITY”, 2026); (5) The lack of integration of ecological ethics and animal ethics in a democracy (“Ética medioambiental y ética animal en la democracia”, 2026). 163 gap statements have been mined from Environmental law and policy papers in our 7.9M-paper local library, which holds 2,478 papers on the topic; the gaps come from whichever of those papers state one. They are mostly the research gaps the authors state and the papers' abstracts, plus future-work, limitations and challenges passages. The ones listed below are a selection still marked open; each names the study that raised it, with a DOI link where the paper has one, so you can read the original claim in context.

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