Page:ELO 1(1), 113–125. Here be dragons legal geography and EU law.pdf/9

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European Law Open     121

environmental lawyers. Contributions have focused on the regulation of water, marine conservation, air pollution, fisheries and environmental noise.[1] A few contributions stand out as taking space seriously. The first is an article by Maria Gaglia Bareli, Miranda Geelhoed, Louisa Parks, Elisa Morgera and Elsa Tsioumani, in which they study the effect of the rules of the common agricultural policy (CAP) on the livelihood of traditional goat pastoralists in Ikaria and their relationships with other inhabitants, as well as on the ecosystem of the island.[2] A second example is the work by Jane Holder, one of the few EU lawyers explicitly interested in legal geography. In a range of articles, she critiques the EU’s commitment to ecological and spatial justice[3] – laying the groundwork for a spatial understanding of one of the core questions that the EU will have to face: how to distribute the costs of the fight against climate change? A third example is provided by the articles by Kate Sowery and Arie Trouwborst. Sowery offers a rich conceptual engagement with the way in which EU law renders animals and the spaces they inhabit.[4] Trouwborst, in a range of articles, critiques the EU’s framing of wolves and their habitat.[5] Both authors provide excellent examples of the kind of questions a legal geographer would be interested in.[6]

A fourth site that is receiving attention from EU lawyers is concerned with both space and time. This is a range of contributions that looks at the ‘forms of life’ that EU law allows for – with Loïc Azoulai’s work standing out.[7] This work situates EU law (with a focus on free movement and citizenship law) within the places and spaces that frame the subject of EU law and imbue it with meaning. The focus on the nature and form of the social relationships that EU law engenders offers an important insight into both the constitutive and destabilising dynamics that EU law carries. While this frame – which is also implicit in the work of Païvi Neuvonen or Ségolène

  1. G Kallis and D Butler, ‘The EU Water Framework Directive: Measures and Implications’ 3 (2001) Water Policy 125; I Pavone, ‘Is Banning Enough? The Intricacy Inherent to Marine Mammal Conservation’ 20 (2019) German Law Journal 587; A Cavoski, ‘The Unintended Consequences of EU Law and Policy on Air Pollution’ 26 (2017) Review of European, Comparative and International Environmental Law 255; T Van Rijn and J Wakefield, ‘Post-Brexit: Untangling the Fishing Mesh’ 27 (2020) Maastricht Journal of European and Comparative Law 660; S Uhlmann et al, The European Landing Obligation: Reducing Discards in Complex, Multi-Species and Multi-Jurisdictional Fisheries (Springer 2019); I Okafor-Yarwood and D Belhabib, ‘The Duplicity of the European Union Common Fisheries Policy in Third Countries: Evidence from the Gulf of Guinea’ 184 (2020) Ocean & Coastal Management 547; E King et al, ‘Implementation of the EU Environmental Noise Directive: Lessons from the First Phase of Strategic Noise Mapping and Action Planning in Ireland’ 92 (2011) Journal of Environmental Management 756.
  2. M G Bareli et al, ‘The Unintended Consequences of the Common Agricultural Policy for Local Communities’ in P J Cardwell and M-P Grangers (eds), Research Handbook on the Politics of EU Law (Edward Elgar 2020).
  3. J Holder and A Layard, ‘Seeking Spatial and Environmental Justice for People and Places within the EU’ in A Philippopoulos-Mihalopoulos (ed.), Law and Ecology: New Normative Foundations (Routledge 2011); J Holder, ‘An Idea of Ecological Justice in the EU’ in G De Burca et al (eds), Europe’s Justice Deficit (Oxford University Press 2014).
  4. K Sowery, ‘Sentient Beings and Tradable Products: The Curious Constitutional Status of Animals under Union Law’ 55 (2018) Common Market Law Review 55. See also S Duarte Cardoso et al, ‘History and Evolution of the European Legislation on Welfare and Protection of Companion Animals’ 19 (2017) Journal of Veterinary Behaviour 64.
  5. A Trouwborst, ‘Exploring the Legal Status of Wolf–Dog Hybrids and Other Dubious Animals: International and EU Law and the Wildlife Conservation Problem of Hybridization with Domestic and Alien Species’ 23 (2014) Review of European, Comparative & International Environmental Law 111; A Trouwborst, ‘Wolves Not Welcome? Zoning for Large Carnivore Conservation and Management under the Bern Convention and EU Habitats Directive’ 27 (2018) Review of European, Comparative & International Environmental Law 306; A Trouwborst & F Fleurke, ‘Killing Wolves Legally: Exploring the Scope for Lethal Wolf Management under European Nature Conservation Law’ 22 (2019) Journal of International Wildlife Law & Policy 231.
  6. Another excellent example (although it does not focus much on EU law) is S Ojalammi and N Blomley, ‘Dancing with Wolves: Making Legal Territory in a More-Than-Human World’ 62 (2015) Geoforum 51.
  7. See L Azoulai, ‘Being a Person in the European Union’ in L Azoulai et al (eds), Constructing the Person in EU Law: Rights, Roles, Identities (Hart 2016); and his research project on ‘Forms of Life and Integration in Europe’ (https://www.sciencespo.fr/folie/).