Elisa Morgera specializes in European, international and comparative environmental law. She has researched specifically in the areas of biodiversity, environmental governance, corporate environmental accountability, and the EU external environmental policy.
Elisa joined the School of Law in 2009. She directs the LLM programme in Global Environment and Climate Change Law. She is the co-director of the inter-disciplinary Europa Institute - the UK's oldest institute of advanced study of the law, politics and governance of European integration: in that capacity, she is also the series editor of the Edinburgh Europa Working Paper Series. In addition, Elisa is the co-founder and co-director of the inter-disciplinary Doctoral Network of the Global Environment and Society Academy (GESA). She is a member of the GESA Steering Group, of the Steering Group of the Global Justice Academy, and of the Scottish Centre for International Law.
Elisa is on the Editorial Board of the Review of European, Comparative and International Environmental Law and is the lead co-editor of the book series Legal Studies on Access and Benefit-sharing (Brill/Martinus Nijhoff). She is a member of the IUCN Commission on Environmental Law and the Global Network for the Study of Human Rights and Environment.
As a former legal officer of the Food and Agriculture Organization of the United Nations (FAO), Elisa advised over 50 countries in Africa, Asia, Latin America and the South Pacific on improving domestic legislation on natural resources. She has also participated in and analyzed various inter-governmental negotiations on environment and sustainable development as a team leader for the International Institute for Sustainable Development. Previously, she also served as environmental management officer for the United Nations Development Programme in the Eastern Caribbean.
Current research activities:
- - In July 2013 Elisa was awarded a Starting Grant of around 1.5 million euros by the European Research Council (ERC), to lead the research programme "Benefit-sharing for an equitable transition to the green economy – the role of law" over the period October 2013-September 2018: www.benelex.ed.ac.uk
- - For the period 2013-2015, Elisa will be responsible for the legal component of the European Commission (FP7)-funded project "LUC4C: Land Use Change: Assessing the Net Climate Forcing and Options for Climate Change Mitigation", in cooperation with Professor Mark D.A. Rounsevell in the School of Geosciences
- - Since March 2014, Elisa has been carrying out a consultancy for the Organization for Economic Co-operation and Development (OECD) and FAO to draft international guidelines on responsible agricultural investment, that are being considered by, and revised in accordance with feedback from, a multi-stakeholder Advisory Group on Responsible Business Conduct along the Agricultural Supply Chains throughout 2014.
Recent research activities:
- - Elisa served as a member of the Convention on Biological Diversity (CBD) Liaison Group on the international legal framework on geo-engineering and biodiversity in 2011, and since 2012 has been on an international expert panel advising the CBD Secretariat on the legal aspects of implementing the Aichi Biodiversity Targets (now entered in its Phase II).
- - Elisa organized an international workshop on the Nagoya Protocol on Access and Benefit-Sharing (Edinburgh, 2-3 December 2011) with a view to creating a synergetic dialogue between academics, UN legal officers, negotiators and stakeholders on its interpretation and implementation. The workshop resulted in an edited collection (2012) and a commentary on the Protocol (2014) published by Martinus Nijhoff.
- - Elisa served as an international consultant for:
- * IUCN on the Integration of Multilateral Environmental Agreements in Climate Adaptation;
- * the OECD and FAO on international standards related to responsible private investment in the agricultural supply chain;
- * FAO on international principles for responsible agricultural investments that enhance food security and nutrition; and
- * the OECD on an evaluation of the OECD's standard-setting function and identification of ways to improve its impact (leading a team together with Dr Gracia Marin Duran and Prof. Alan Boyle).
Comparative Environmental Law (LLM) (Course Organiser)
Federica Cittadino 'Indigenous Rights and Biodiversity Conservation: A Study of Conflict and Reconciliation in International Law'
Beatriz de Sousa Fernandes 'A legal study of Marine Protected Areas in the context of International Environmental Law'
Ruby Moynihan 'The contribution of the UNECE Water Regime to environmental protection and equity in international water law'
Davíð Örn Sveinbjörnsson 'The international legal personality of international corporations in an international legal system upholding the rule of law'
Elisa Morgera, Elsa Tsioumani, Matthias Buck Unraveling the Nagoya Protocol: A Commentary on the Nagoya Protocol on Access and Benefit-sharing to the Convention on Biological Diversity (Martinus Nijhoff, 2014)
Abstract: The book offers a systematic discussion of the Protocol's legal innovations against the background of general international law, focusing on the interactions between international environmental law and international human rights law. It aims to alert international biodiversity law specialists of systemic issues raised by the Protocol, as well as to introduce general international lawyers to this specific regime on access and benefit-sharing.
Gracia Marin-Duran, Elisa Morgera Environmental Integration in the EU's External Relations: Beyond Multilateral Dimensions (Hart, 2012)
Abstract: The book examines the integration of environmental protection requirements into EU external relations focusing on unilateral, bilateral and inter-regional instruments, which have been less explored than the multilateral dimension of EU environmental policy. The book also explores for the first time the complex interplay and mutual influences between EU environmental integration initiatives and environmental multilateralism. On the one hand it identifies the legal and other instruments used by the EU to support the implementation of multilateral environmental agreements in third countries (particularly developing ones). On the other hand, it singles out the legal and other tools employed by the EU as a means to build partnerships with third countries in order to influence ongoing multilateral negotiations concerning the environment and sustainable development, or to contribute to the development of new international environmental norms in the absence of such multilateral negotiations. Ultimately, the book traces the significant evolution of the various tools deployed by the EU to integrate environmental concerns in its external relations, with a view to identifying emerging challenges and future directions.
Elisa Morgera Wildlife law and the empowerment of the poor (Food and Agriculture Organization of the United Nations, 2011)
Abstract: The book aims to systematically explore the conditions, approaches and options in drafting national wildlife laws that ensure environmental sustainability and empower the poor. Full text available at: http://www.fao.org/docrep/013/i1906e/i1906e00.htm
Elisa Morgera Corporate Accountability in International Environmental Law (Oxford University Press, 2009)
Elisa Morgera, Maria Teresa Cirelli Forest fires and the law - A guide for national drafters based on the Fire Management Voluntary Guidelines (Food and Agriculture Organization of the United Nations, 2009)
Abstract: "Fire management" is the discipline of using fire to achieve land management and traditional use objectives, while safeguarding life, property, and resources such as forests and other vegetation in rural areas. It encompasses prevention, preparedness, early warning, detection and mobilization, suppression, and restoration (including research and technology transfer). It entails the appropriate use of natural or human-caused fire in maintaining ecological values and the integrity of certain ecosystems, and the use of fire to reduce the accumulation of natural fuel and residues from commercial and non-commercial activities. Starting in 2003, FAO coordinated a multi-stakeholder process to develop the Fire Management Voluntary Guidelines as part of a global strategy for international cooperation in fire management. The Guidelines set out principles and internationally accepted strategic actions to address the cultural, social, environmental and economic dimensions of fire management at all levels. The Fire Management Voluntary Guidelines are the lenses through which the present study has systematically identified the elements of a coherent national legal framework on forest fires, identifying emerging trends and singling out best practices and innovative legal solutions. The study ultimately distils key recommendations to ensure that national legal measures on forest fires are supportive of a holistic approach to fire management. ftp://ftp.fao.org/docrep/fao/011/i0488e/i0488e00.pdf
Elisa Morgera The External Environmental Policy of the European Union: EU and International Law Perspectives (Cambridge University Press, 2012)
Elisa Morgera, Elsa Tsioumani, Matthias Buck The 2010 Nagoya Protocol on Access and Benefit-sharing in Perspective: Implications for International Law and Implementation Challenges (Martinus Nijhoff, 2012)
Elisa Morgera, Kati Kulovesi and Ambra Gobena (eds.) Case studies on bioenergy policy and law: options for sustainability (Food and Agriculture Organization of the United Nations, 2009)
Abstract: This edited volume examines bioenergy and bioenergy-related national legislation, policy and institutions in selected countries in Latin America, Asia and Africa, namely: Argentina, Brazil, Estonia, Mexico, Tanzania, Thailand and the Philippines. It identifies current state practice in ensuring the economic, social and environmental sustainability of bioenergy production - a topical issue in current debates on climate change mitigation, soaring food prices, international trade and rural development. The study proves the need for holistic policy, legal and institutional frameworks in a variety of relevant sectors, including the environment, forestry, water management, land and trade, as well as for an interdisciplinary approach to designing the regulatory features of any bioenergy programme. http://www.fao.org/docrep/012/i1285e/i1285e00.htm
Elisa Morgera 'The EU and Environmental Multilateralism: The Case of Access and Benefit-Sharing and the Need for a Good-Faith Test'' (2014) Cambridge Yearbook of European Legal Studies vol 16 110-142
Abstract: This paper discusses the need for a good-faith test for assessing the legitimacy of ongoing and future EU initiatives aimed at contributing to the development and implementation of international environmental law. A test that is based on the international legal principle of good faith may serve to better understand when the EU is effectively supporting environmental multilateralism to the benefit of the international community, rather than seeking to unduly influence it purely for its own advantage. The test is developed on the basis of EU efforts of contributing to climate change multilateralism, and is applied to a much less studied case: the adoption and implementation of the Nagoya Protocol on Access to Genetic Resources and Benefit-sharing under the Convention on Biological Diversity.
Elisa Morgera, Sikina Jinnah 'Environmental Provisions in American and EU Free Trade Agreements: A Preliminary Comparison and Research Agenda' (2013) Review of European Community and International Environmental Law 22(3) 324-339
Abstract: Environmental provisions are included into bilateral trade agreements in increasingly creative ways. This article offers an initial exploration of the policy and legal dimensions of environmental provisions included in recent bilateral trade agreements concluded by the United States and by the European Union. Based primarily on a coding analysis of the environmental provisions contained in American and EU trade agreements since the mid-2000s, the article illuminates the variable characteristics of these environmental provisions, including the different approaches of the United States and the EU (punitive versus cooperative) to their implementation. The article pays particular attention to the unprecedented links that these treaties create with multilateral environmental agreements. It concludes with a discussion of avenues for future research, including approaches that are comparative and interdisciplinary in nature.
Elisa Morgera, Annalisa Savaresi 'A Conceptual and Legal Perspective on the Green Economy' (2013) Review of European Community and International Environmental Law 22(1) 14
Elisa Morgera 'Bilateralism at the Service of Community Interests? Non-Judicial Enforcement of Global Public Goods in the Context of Global Environmental Law' (2012) European Journal of International Law 23 743-767
Abstract: http://ejil.oxfordjournals.org/cgi/content/full/chs037? ijkey=kBbHjjGQkG1iM0K&keytype=ref
Elisa Morgera, Elsa Tsioumani ''Yesterday, Today and Tomorrow: Looking Afresh at the Convention on Biological Diversity' (2011) Yearbook of International Environmental Law vol 21 (online)
Elisa Morgera, Kati Kulovesi and Miquel Muñoz 'Environmental integration and multi-faceted international dimensions of EU law: Unpacking the EU's 2009 climate and energy package' (2011) Common Market Law Review 48(3) 829-891
Elisa Morgera 'Far away, so close: A legal analysis of the increasing interactions between the Convention on Biological Diversity and climate change law' (2011) Climate Law vol 2 85-115
Abstract: This article discuss the possible legal bases to support synergies between international biodiversity law and climate change law. The central section of the article analyse sthe multiple climate-change-related outcomes of the 10th meeting of the Conference of the Parties to the Convention on Biological Diversity, focusing on the legal relevance of the significant rapprochement of international biodiversity law and climate change law.
Elisa Morgera 'CBD COP-10: Towards Post-2010 Implementation' (2010) Environmental Policy and Law 406 281-288
Elisa Morgera, Elsa Tsioumani 'The Evolution of Benefit-sharing: Linking Biodiversity and Community Livelihoods' (2010) Review of European Community and International Environmental Law 15 150-173
Abstract: This article traces the evolution of the use of the legal concept of benefit-sharing in the context of the Convention on Biological Diversity (CBD), with a view to highlighting its contribution to indigenous and local communities' livelihoods. To this end, the article proposes a distinction between inter-State benefit-sharing (as identified in the third CBD objective and as usually linked to access to genetic resources), and notably lesser known State-to-community benefit-sharing (in relation to the conservation and sustainable use of biodiversity). The article highlights the different legal connotations of the two dimensions of this legal concept, while supporting an integrated interpretation of the CBD by pointing to a wide array of benefit-sharing related tools under the Convention that can be used to support indigenous and local communities' livelihoods in pursuing the Convention's three objectives. The article also identifies other international processes - in the areas of intellectual property, health and climate change - in which, these conceptual developments may have a significant influence.
Elisa Morgera, Soledad Aguilar '"Delivering as One" for the Environment: Reflections on the Report of the UN Panel on System-wide Coherence' (2007) Environmental Policy and Law 37 271-280
Elisa Morgera 'Significant Trends in Corporate Environmental Accountability: The New Performance Standards of the International Finance Corporation' (2007) Colorado Journal of International Environmental Law and Policy 18 147-184
Elisa Morgera 'Competence or Confidence? The Most Appropriate Forum to Address Multi-Purpose High Seas Protected Areas' (2007) Review of European Community and International Environmental Law 16 1-11
Gracia Marin-Duran, Elisa Morgera 'Towards Environmental Integration in EC External Relations? A Comparative Analysis of Selected Association Agreements' (2006) Yearbook of European Environmental Law 6 179-210
Elisa Morgera 'An Environmental Outlook on the OECD Guidelines for Multinational Enterprises: Comparative Advantages and Legitimacy in relation to Other International Initiatives' (2006) Georgetown International Environmental Law Review 18 751-777
Elisa Morgera 'The 2005 UN World Summit and the Environment: The Proverbial Half-Full Glass' (2006) Italian Yearbook of International Law 15 53-80
Gracia Marin-Duran, Elisa Morgera 'The UN 2005 World Summit, the Environment and the EU: Priorities, Promises and Prospects' (2006) Review of European Community and International Environmental Law 15 11-22
Elisa Morgera 'The UN and Corporate Environmental Responsibility: Between International Regulation and Partnerships' (2006) Review of European Community and International Environmental Law 15 93-109
Elisa Morgera 'An Update on the Aarhus Convention and its Continued Global Relevance' (2005) Review of European Community and International Environmental Law 14 138-147
Gracia Marin-Duran, Elisa Morgera 'EU Enlargement and Development Policy: An Environmental Perspective' (2004) Review of European Community and International Environmental Law 13 152-163
Elisa Morgera 'Whale Sanctuaries: An Evolving Concept Within the International Whaling Commission' (2004) Ocean Development and International 35 319-338
Elisa Morgera 'From Stockholm to Johannesburg: From Corporate Responsibility to Corporate Accountability for the Global Protection of the Environment' (2004) Review of European Community and International Environmental Law 13 214-222
Elisa Morgera, Gracia Marin Duran 'Enlargement and EU Development Policy: An Environmental Perspective' (2004) Review of European Community and International Environmental Law 13 152-163
Elisa Morgera 'Benefit-sharing as a bridge between the environmental and human rights accountability of multinational corporations' in B Boer (eds) Environmental Law Dimensions of Human Rights (OUP, 2015) 37-68
Elisa Morgera 'Environmental Law' in Catherine Barnard and Steve Peers (eds) European Union Law (Oxford University Press, 2014) 651-679
Elisa Morgera, Kati Kulovesi 'The Role of the EU in Promoting International Climate Change Standards' in I Govaere and S Poli (eds) EU Management of Global Emergencies: Legal Framework for Combating Threats and Crises (Martinus Nijhoff, 2014) 304-329
Elisa Morgera 'The Promotion of Environmental Rights through EU Bilateral Agreements: Mapping the Field' in F Lenzerini and A Vrdoljak (eds) International Law for Common Goods: Normative Perspectives on Human Rights, Culture and Nature (Hart, 2014) 421-441
Gracia Marin-Duran, Elisa Morgera 'Commentary to Article 37 - Environmental Protection' in Peers, Hervey, Kenner, and Ward (eds) Commentary on the EU Charter of Fundamental Rights (Hart, 2014) 983-1003
Elisa Morgera 'Against All Odds: The Contribution of the Convention on Biological Diversity to International Human Rights Law' in Alland et al (eds) Unity and Diversity of International Law. Essays in Honour of Professor Pierre-Marie Dupuy (Martinus Nijhoff, 2014) 983-995
Abstract: The chapter develops the argument that the Convention on Biological Diversity has made in time a significant conceptual and normative contribution to the linkage between human rights and the environment, in particular with regard to: the substantive rights of indigenous peoples and local communities to genetic resources and associated traditional knowledge; the substantive rights of indigenous peoples and local communities concerned by conservation and sustainable use of biological resources; corporate accountability; and climate change.
Elisa Morgera, Kati Kulovesi 'Public-private partnerships for wider and equitable access to climate technologies' in Abbe Brown (eds) Environmental Technologies, Intellectual Property and Climate Change: Accessing, Obtaining and Protecting (Edward Elgar, 2013) 128-151
Elisa Morgera 'Environmental Cooperation between the EU and Korea' in James Harrison The European Union and South Korea: The Legal Framework for Strengthening Trade, Economic and Political Relations (Edinburgh University Press, 2013) 194-211
Elisa Morgera 'From Corporate Social Responsibility to Accountability Mechanisms' in Pierre-Marie Dupuy and Jorge Vinuales (eds) Harnessing Foreign Investment to Promote Environmental Protection: Incentives and Safeguards (CUP, 2013) 321-354
Elisa Morgera 'Ambition, Complexity and Legitimacy of Pursuing Mutual Supportiveness through the EU's External Environmental Action' in Bart Van Vooren, Steven Blockmans, and Jan Wouters (eds) (eds) The EU's Role in Global Governance: The Legal Dimension (Oxford University Press, 2013) 194-208
Elisa Morgera 'No Need to Reinvent the Wheel for a Human Rights-Based Approach to Tackling Climate Change: The Contribution of International Biodiversity Law' in Erkki Hollo, Kati Kulovesi and Michael Mehling (eds) Climate Change and the Law (Springer, 2013) 350-390
Abstract: This chapter provides a systematic analysis of the ways in which international biodiversity law contributes to the fight against climate change by assessing and preventing the negative impacts on biodiversity and community livelihoods of measures to address climate change ('response measures'), and adopting the ecosystem approach to climate change mitigation and adaptation. In highlighting readily available legal avenues for ensuring the mutual supportiveness of the international biodiversity regime and the international climate change regime, the chapter argues that positive interaction between the two regimes can promote a human rights-based approach to the development of the international climate change regime and its implementation at the national level.
Elisa Morgera 'The Future of Law and the Enviroment: the Emergence of Global Enviromental Law' in Sam Muller, Stavros Zouridis Morly Frishman and Laura Kistemaker (eds) The Law of the Future and the Future of Law: Volume II (Torkel Opsahl Academic EPublisher, 2012) 39-50
Abstract: Using international biodiversity law as a testing ground, this think piece will argue that "global environmental law" represents the future of law in the environmental arena. Global environmental law is a concept emerging from the promotion of environmental protection as a global public good through a plurality of legal mechanisms relying on a plurality of legal orders. It emphasises the functional role of States as protectors of the environment, as a common interest of humanity, and with respect to the considerable role of global institutions in international law-making and compliance monitoring. Global environmental law further underscores how international environmental law increasingly affects individuals and groups in society, and private operators, within and across national boundaries. It also points to the growing role of international private law in the environmental arena. Global environmental law emphasises the inter-relations and mutual influences between international, regional, national, sub-national, and transnational law for the protection of the environment, thus pointing to the increasing usefulness of comparative legal methods to understand environmental law.
Elisa Morgera 'Water Management and Protection in the EU' in M Alberton and F Palermo (eds) Environmental Protection in Multi-layered Systems: Comparative Lessons from the Water Sector (Martinus Nijhoff, 2012) 265-289
Elisa Morgera 'The Trajectory of EU Biodiversity Cooperation: Supporting Environmental Multilateralism through EU External Action' in Elisa Morgera The External Environmental Policy of the European Union: EU and International Law Perspectives (Cambridge University Press, 2012) 235-259
Elisa Morgera 'Multinational Corporations and International Environmental Law' in S Alam, MJ Hossain Bhuiyan, T Chowdhury and E Techera (eds) Routledge Handbook of International Environmental Law (Routledge, 2012) 189-204
Elisa Morgera 'European Environmental Law' in S Alam, MJ Hossain Bhuiyan, T Chowdhury and E Techera (eds) Routledge Handbook of International Environmental Law (Routledge, 2012) 427-442
Elisa Morgera, Elsa Tsioumani, Soledad Aguilar and Hugh Wilkins 'Implementation Challenges and Compliance in MEA Negotiations' in Pamela Chasek, Lynn M. Wagner (eds) The Roads from Rio: Lessons Learned from Twenty Years of Multilateral Environmental Negotiations (Routledge, 2012) 222-250
Elisa Morgera 'OECD Guidelines for Multinational Enterprises' in David Held and Thomas Hale (eds) Handbook of Transnational Governance: Institutions and Innovations (Polity, 2011) 314-322
Annalisa Savaresi, Elisa Morgera 'Ownership of Land and Carbon' in John Costenbader (eds) Legal Frameworks for REDD. Design and Implementation at the National Level. IUCN Environmental Law and Policy Paper No. 77 (IUCN, 2009)
Elisa Morgera 'Participation, Balancing of Rights and Interests, and Prior Informed Consent' in John Costenbader (eds) Legal Frameworks for REDD: Design and Implementation at the National Level (IUCN Environmental Policy and Law Paper No. 77, 2009) 35-56
Elisa Morgera, Annalisa Savaresi 'Ownership of Land, Forest and Carbon' in John Costenbader (eds) Legal Frameworks for REDD: Design and Implementation at the National Level (IUCN Environmental Policy and Law Paper No. 77, 2009) 15-34
Elisa Morgera 'Human Rights Dimensions of Corporate Environmental Accountability' in Pierre-Marie Dupuy, Ernst-Ulrich Petersmann, and Francesco Francioni (eds) Human Rights in International Investment Law and Arbitration (Oxford University Press, 2009) 511-24
Elisa Morgera 'CSR for the International Protection of the Environment: The impact of UN Policies and Emerging Problems' in M.A. Moreau and F. Francioni (eds) The Pluridisciplinary Dimension of Corporate Social Responsibility (Presses Universitaires dâ€™Aixe-Marseille, 2007) 97-115
Notes and Reviews
Elisa Morgera 'Rio+20: Charting the Way to a Green Economy' (2012) Solutions 3(3)
Elisa Morgera 'The Environmental Dimension of the MDGs: Progress Made?' (2010) Environmental Policy and Law 406 269-272
Elisa Morgera 'Relevance Beyond Borders: Recent Developments in the EU' (2010) Environmental Policy and Law 405 234-246
Elisa Morgera 'Italy (Year in Review)' (2009) Yearbook of International Environmental Law 19 pp521-532
Elisa Morgera 'Trade in Endangered Species (Year in Review)' (2009) Yearbook of International Environmental Law 19 pp 365-371
Elisa Morgera 'Ocean Dumping (Year in Review)' (2009) Yearbook of International Environmental Law 19 pp 274-279
Gracia Marin-Duran, Elisa Morgera 'Case Note on the WTO India-EC GSP dispute: The Future of Unilateral Trade Incentives linked to Multilateral Environmental Agreements' (2005) Review of European Community and International Environmental Law 14 173-179
Elisa Morgera 'Conceptualizing Benefit-Sharing as the Pursuit of Equity in Addressing Global Environmental Challenges', BENELEX Working Papers (SSRN, 2014) [Download]
Abstract: The paper develops a conceptual framework for the analysis of benefit-sharing in light of its gradual development in international law as a basis for more detailed legal analysis in the areas of international biodiversity, climate change, human rights, oceans, food, agriculture and land law.
Elisa MorgeraLouisa Parks, 'An Inter-Disciplinary Methodology for Researching Benefit-Sharing as a Norm Diffusing in Global Environmental Law', BENELEX Working Papers (SSRN, 2014) [Download]
Abstract: This paper proposes a methodology for an interdisciplinary, empirical enquiry into the diffusion of benefit-sharing. It proposes to integrate law, sociology and international relations for the understanding of benefit-sharing in global environmental law (that is, at various, mutually influencing levels of regulation).
Elisa Morgera, Kati Kulovesi, 'The Role of the EU in Promoting International Standards in the Area of Climate Change', School of Law Working Paper Series (SSRN, 2013) [Download]
Abstract: The aim of this piece is to assess whether and to what extent the European Union can be considered a world leader in stimulating the development of international climate change standards through a variety of international organizations and processes as a way of spurring necessary international cooperation. It will argue that given slow progress towards an effective global response to the climate change challenge through multilateral cooperation, the EU has been trying to develop climate change standards internally or in cooperation with third countries, arguably in order to promote the acceptance of such standards by the competent international organizations, or at least create a critical mass of countries engaging in climate action (minilateralism). The paper will conclude by considering the legitimacy issues arising from this multi-faceted strategy of the EU in promoting international climate change standards.
Gracia Marin-Duran, Elisa Morgera 'Commentary on Article 37 of the EU Charter of Fundamental Rights - Environmental Protection', School of Law Working Paper Series (SSRN, 2013) [Download]
Abstract: This paper analyzes Article 37 (Environmental Protection) of the EU Charter of Fundamental Rights from the viewpoints of EU law and international environmental law. It explores the reasons for the lack of any individually justifiable environmental right of a substantive or procedural character under the Charter. The paper then investigates the potential of Article 37 to influence the interpretation and application of EU law and of other Charter provisions in the light of the EU Treaty requirement of environmental integration
Abbe Brown, Elisa Morgera, Keith Culver, Anna Davies, Estelle Derclaye, Suzanne Kingston, David McGrory, Kathryn McMahon, Jon Santomauro, Douglas Taylor and Baskut Tuncak, 'Towards a holistic approach to technology and climate change:what would form part of an answer?', School of Law Working Paper Series, No. 2010/32 (SSRN, 2010) [Download]
Elisa Morgera 'Introduction to European Environmental Law from an International Environmental Law Perspective', School of Law Working Paper Series, 2010/37 (SSRN, 2010) [Download]
Abstract: This contribution illustrates the development of the environmental law of the EU from an international environmental law perspective. It highlights the external and internal dimensions of EU environmental law and their interaction. It also outlines the role of the EU institutions in the development and implementation of EU environmental law, as well as the objectives and principles of the EU environmental law, focusing specifically on environmental integration and sustainable development. It concludes by pointing to some of the present challenges facing EU environmental law.
Elisa Morgera 'Expert Report on CSR to Respect Human Rights in the Environmental Sphere' (2010) [Download]
Abstract: The expert report was part of the European Commission-funded STUDY OF THE LEGAL FRAMEWORK ON HUMAN RIGHTS AND THE ENVIRONMENT APPLICABLE TO EUROPEAN ENTERPRISES OPERATING OUTSIDE THE EUROPEAN UNION (http://www.law.ed.ac.uk/euenterpriseslf/)
Elisa Morgera, Patricia Quillacq (eds) for the Working Group on Environmental Law, 'Sustainable Development and International Law: The Way Forward', EUDO Citizenship Observatory Robert Schuman Centre for Advanced Studies, LAW 2007/28 (European University Institute, 2007) [Download]
Elisa Morgera, Francesco Francioni (eds) for the Working Group on Environmental Law, 'The Future of Environmental Law: International and European Perspectives', EUDO Citizenship Observatory Robert Schuman Centre for Advanced Studies, LAW No. 2006/1 (European University Institute, 2006)
Papers and Presentations
Elisa Morgera, Annalisa Savaresi, Elsa Tsioumani 'Benefit-sharing as a Means to Operationalise Equity in Managing Protected Areas and Sustainable Landscapes, and Ensuring Community Livelihoods' presented at Biodiversity, Sustainable Development and the Law, University of Cambridge, 2015
Elisa Morgera 'The Interaction between the EU's External Environmental Policy and International Environmental Law: Benefit-Sharing and Legitimacy Concerns' presented at Lunchtime seminar series of the Centre for European Legal Studies of the University of Cambridge, Cambridge, 2014
Elisa Morgera 'Corporate Environmental Accountability in International Law' presented at Law Seminar Series, University of Iceland, 2014
Elisa Morgera, Louisa Parks 'Conceptualising, and understanding the normative diffusion of, benefit-sharing in global environmental law' presented at British International Studies Association Workshop on Normative and Ideational Trends in Global Environmental Politics, University of Sheffield, 2014
Abstract: Benefit-sharing is emerging as a normative trend in various areas of international environmental law (biodiversity, oceans, climate change, food and agriculture), as well as in international initiatives on human rights and corporate accountability. This paper provides a conceptual framework for the analysis of benefit-sharing in light of its gradual development in international law, teasing out its inter-state, intra-state and transnational dimensions. The paper then proposes a methodology for an interdisciplinary, empirical enquiry into benefit-sharing from a global environmental law perspective by drawing together accounts of norm diffusion from sociology, international relations and law.
Elisa Morgera 'The Normativity of International Law' presented at Théories et réalités du droit international aux XXIème siècle, Centre d'études et de recherches internationales et communautaires organisent à Aix-en-Provence, 2014
Elisa Morgera 'The Convention on Biological Diversity and Local Conflicts' presented at UNEP Course on Multilateral Environmental Agreements, University of Eastern Finland, 2014
Elisa Morgera 'The Interaction between the EU's External Environmental Policy and International Environmental Law' presented at Lecture Series 'The European Union as a Global International Actor', University of Luxembourg, 2014
Elisa Morgera 'The Interaction between the EU's External Environmental Policy and International Environmental Law' presented at Jean Monnet Modules on EU Law, University of Lund, 2014
Elisa Morgera, Sikina Jinnah 'Environmental Provisions in US and EU Free Trade Agreements: Implications for Multilateral Environmental Agreements' presented at International Studies Association Annual Convention, San Francisco, 2013
Elisa Morgera 'Corporate Environmental Accountability in International Law' presented at Tenth Anniversary of the Stockholm Environmental Law and Policy Centre of the University of Stockholm, Stockholm, 2013
Elisa Morgera 'Mutual supportiveness between climate and biodiversity law: synergies between international and EU law?' presented at Visiting Speaker Series of the Centre for Energy, Petroleum and Mineral Law and Policy, Dundee University, 2012
Elisa Morgera, Annalisa Savaresi 'The Green Economy - International and EU Law Perspectives' presented at Legal Frameworks for Sustainable Development, Rio+20 Side Event (Graduate Institute of Geneva), Rio De Janeiro, 2012
Elisa Morgera 'Promoting Environmental Rights through the Bilateral Agreements of the EU' presented at International Law for Common Goods: Normative Perspectives on Human Rights, Culture and Nature, European University Institute, Florencece, 2012
Elisa Morgera 'Corporate Accountability and Environmental Human Rights' presented at Academy of European Law - Human Rights Summer School, Florence, 2012
Elisa Morgera, Kati Kulovesi 'The Role of the EU in Promoting International Standards in the area of Climate Change' presented at EU Governance of Global Emergencies, Brussels (University of Ghent, University of Pisa and College of Europe), 2012
Elisa Morgera 'The role of the private sector in EU environment and climate policy' presented at TRANSWORLD Workshop: Environment and Human Rights, European University Institute, Florence, Italy, 2012
Elisa Morgera 'Legal innovations in benefit-sharing: shifting boundaries between the Convention on Biological Diversity and Human Rights' presented at Biodiversity and Society, University of Gottingen, 2012
Annalisa Savaresi, Elisa Morgera 'The Green Economy - International and EU Law Perspectives' presented at Legal Frameworks for Sustainable Development, Rio+20 Side Event (Graduate Institute of Geneva), Rio De Janeiro, 2012
Elisa Morgera 'Environmental Integration in the EU's External Relations: Beyond Multilateral Dimensions' presented at EU External Relations Law and Policy in the post-Lisbon Era, University of Sheffield, 2011
Elisa Morgera 'The role of the private sector in global environmental governance: The case of the Convention on Biological Diversity' presented at International Environmental Problems - The Appropriate International Environmental Governance, Kyushu University, 2011
Elisa Morgera 'Ambition, complexity and legitimacy of pursuing mutual supportiveness through the EU's external environmental action' presented at The Legal Dimension of Global Governance: What Role for the EU?, University of Copenhagen, 2011
Elisa Morgera 'The Emergence of Global Environmental Law and the Non-judicial Enforcement of Global Public Goods' presented at ESIL/ASIL Symposium on Global Public Goods and the Plurality of Legal Orders, European University Institute, 2011
Elisa Morgera 'International Environmental Law and Multi-level Governance: the Ecosystem-based Approach' presented at "Multi-level Governance and Environmental Protection: Models, Tools, Comparative Perspectives and Case Studies, EURAC Institute for Studies on Federalism and Regionalism, Bolzano, Italy, 2010
Dr Elisa Morgera
- Mr David Cabrelli
- Dr Dan Carr
- Dr Eric Descheemaeker
- Dr Paul J. du Plessis
- Professor George L Gretton
- Professor Anne Griffiths
- Professor Laura Macgregor
- Professor Hector MacQueen
- Professor Kenneth Reid
- Professor Elspeth Christie Reid
- Ms Lorna Richardson
- Dr Veronica Ruiz Abou-Nigm
- Professor Burkhard Schafer
- Dr Remus Valsan
- Professor Alan Watson
- Mr Scott Wortley
- Professor Alan Boyle
- Mr Navraj Singh Ghaleigh
- Dr James Harrison
- Professor Chris Himsworth
- Dr Apolline Roger
- Dr Annalisa Savaresi
- Ms Elsa Tsioumani
European Law, Policy and Institutions
- Dr Arianna Andreangeli
- Professor Emilios Avgouleas
- Dr Elisenda Casanas Adam
- Dr Rachael Craufurd Smith
- Professor Sir David Edward
- Professor Bill Gilmore
- Dr Robert Lane
- Dr Tobias Lock
- Dr Cormac Mac Amhlaigh
- Dr Gracia Marin-Duran
- Professor Niamh Nic Shuibhne
- Professor Andrew Scott
- Professor Jo Shaw
- Professor Neil Walker
- Dr Paul Behrens
- Professor Christine Bell
- Professor Alan Boyle
- Dr Michelle Burgis-Kasthala
- Mr Navraj Singh Ghaleigh
- Professor Bill Gilmore
- Dr Shawn H.E. Harmon
- Dr James Harrison
- Dr Gracia Marin-Duran
- Dr Kasey McCall-Smith
- Dr Stephen Neff
- Dr Veronica Ruiz Abou-Nigm
- Dr Annalisa Savaresi
- Dr Simona Stirling
- Professor Stephen Tierney