Hasil untuk "Environmental law"

Dodo J. Thampapillai, Matthias Ruth

For eight years, I have taught environmental economics at California State University, Long Beach and the University of California, Irvine. The majority of the students in this course are taking majors other than economics. About 10% of them are interested in attending law school. The course provides a background in applications of economic theory to public policy issues relating to environmental and land-use law and regulation. In particular, societal goals, as they are revealed through legislation, administrative regulations and court decisions, are given considerable weight throughout the course. Students also gain an understanding of what is likely to result from striving to attain economic efficiency, how attempting to attain economic efficiency can impact the environment, and the principal limitations of the economic efficiency criterion. This paper provides a survey of the principal applications of economic theory to public policy issues relating to environmental and land-use law and regulation. The first section describes the scope of the policy issues treated by environmental economics. The second section provides a discussion of the maximize wealth goal and the concepts of economic efficiency that are derived from that goal. The third section contains a survey of five critiques of the maximize wealth goal as a reasonable basis for rational social policy. One or more of these critiques generally form the basis of attacks by environmentalists upon the relevance of the economic efficiency criterion for evaluating environmental policy options. The fourth section is concerned with the general problem of market failure resulting from the existence of public goods and externalities, and raises the issue of whether attempting to reduce the impacts of market failure will result in an even greater "government failure." The last section deals with the problem of whether technological changes and the depletion of natural resources have made the maximize wealth goal an obsolete standard for measuring economic efficiency.

Adrián Carrizo-Pérez, Beatrice Azoubel, Ignacio Arganda-Carreras et al.

Background Maritime activity is expanding globally, increasing the demand for robust port security systems capable of detecting illegal trafficking. Due to the growing sophistication of smuggling methods, law enforcement agencies require advanced surveillance and prevention technologies such as those developed in the SMAUG project. In this context, initiatives such as the SMAUG project aim to deliver integrated surveillance capabilities coordinated by a high-level deep reinforcement learning (DRL) decision-making system that operates on image-based environmental representations. Despite their effectiveness, DRL models are closed-boxes, complicating continuous model monitoring (CMM). Conventional drift detection captures shifts in input or output distributions yet often fails to explain underlying problems. Explainable AI (XAI) techniques can provide a complementary approach with insights into the agent’s inner workings, enabling monitoring of the concept rather than just the data. Methods We propose FADMON, an XAI-driven concept drift detection method for image-based models. FADMON performs statistical drift tests on feature attributions to detect deviations in learned policies. We demonstrate how FADMON can enhance CMM with a three-stage model monitoring architecture that enables semi-supervised explainable model monitoring. We validate our approach with SMAUG’s decision-making DRL model on a simulated maritime port surveillance environment under multiple unforeseen scenarios. Results FADMON consistently flags drift on all drifted scenarios with mean p-values of 0.000 with no variance trough 30 repetitions, with lower mean p-values (0.553±0.215) on non-drifted scenarios with respect to other established drift detection methodologies such as prior probability shift detection (0.65 ± 0.000), though well above the standard 0.05 threshold. Conclusions FADMON can add an explainability layer to the monitoring system while also supporting detection of changes in the underlying interpretation of the input data by the model, monitoring the concept rather than the data, while matching established drift detection methods metrics-wise.

Sam Harrison, Catherine Barnett, Stephen Short et al.

Abstract The manufacture, use and disposal of pharmaceutical products can lead to their release into the environment, raising concerns about potential risks to biota and human health. This is recognised in the European Commission’s Pharmaceutical Strategy for Europe, which has recently overseen the development of a proposed revision of current pharmaceutical legislation. Amongst other things, this strategy and revision broadly offer strengthened protection against environmental risk. For example, it enhances the power authorities have to refuse market authorisation where an identified risk to the environment cannot be sufficiently addressed, includes a requirement for legacy pharmaceutical products to be risk assessed, includes a broadened scope to cover the entire product lifecycle, and places a greater focus on open data. In this publication, we assess the proposed legislation against the latest scientific knowledge, identifying opportunities for strengthening the protection that it offers. These opportunities include moving towards the risk assessment of mixtures, broadening the scope of effects testing to include non-conventional (e.g., behavioural) and chronic endpoints, making better use of predictive modelling such as Quantitative Structure–Activity Relationships (QSARs), and better accounting for environmental heterogeneity, such as the influence of temperature and especially pH on risk. Many of the elements discussed apply not just to pharmaceuticals but across other chemical domains and regulatory regimes, particularly when considering mixture assessment. Integrating knowledge across sectors and regulatory regimes is therefore crucial to better address the role of pharmaceuticals as one of many environmental pollutants.

Shengqing Xu, Shengqing Xu, Wenlei Lu

Marine environment public interest litigation (MEPIL) is a crucial judicial mechanism for protecting marine resources and the environment in China. In a relatively divided governance context between land and sea, the operation of MEPIL has encountered significant challenges due to the immaturity of regulations. The theoretical aspects of MEPIL have been widely discussed. However, as a special arrangement embedded in China’s traditional judicial system, the operation of MEPIL remains to be explored through empirical analysis. Disputes regarding standing, jurisdiction, and compensation mechanisms persist. This research examines MEPIL practices in light of the latest available MEPIL-related judgments following the revision of China’s Marine Environmental Protection Law in 2023. Based on the content and comparative analysis of 218 judgments, the judicial landscape of MEPIL is described from the perspectives of the rules regarding plaintiffs, jurisdiction, and compensation. The challenges primarily include disputes over the qualification and priority of plaintiffs, the complexity of MEPIL jurisdiction, and inadequate arrangements for supervising marine ecological damage compensation. Further analysis reveals that the institutional challenges in MEPIL are caused by its cross-sectional nature and different judicial arrangements for marine and environmental procedures. To improve the judicial system for MEPIL, three crucial reform approaches are needed:(a) confirm the standing of social organizations to sue in MEPIL and stipulate equal rights of action among administrative authorities, procuratorial organs and social organizations; (b) provide centralized jurisdiction by the maritime court with an exception in land-sea crossing litigation; (c) establish compensation fund and deposit mechanisms for ecological damage. These reform approaches are beneficial for the effective implementation of MEPIL and provide more support for public participation in marine environmental governance. Considering that the rules governing marine compensation are still in their infancy, the compensation fund and deposit mechanisms can further enhance the implementation of ecological compensation, providing more effective relief for the damaged marine environment and resources.

Almut Schilling‐Vacaflor, Maria Gustafsson

ABSTRACT Binding regulations have, recently, emerged in the Global North with the aim of holding companies accountable for environmental and/or human rights impacts throughout their supply chains. This article develops and applies an analytical framework to analyze corporate accountability dynamics in global trade, with a focus on the French Duty of Vigilance (DV) law. We analyze how companies in the agri-food sector have complied with the law as well as the emergence of new accountability dynamics. We find that while companies have improved their due diligence systems over time, they enjoy much discretion to interpret their obligations according to a managerial logic and to disclose information selectively. Nevertheless, the DV law has contributed to new accountability dynamics, wherein civil society can use civil liability to pressure companies to comply. Overall, the article advances our understanding of company compliance with new supply chain regulations and the accountability dynamics activated by such rules.

Xiaohong Shi, Zeyuan Jiang, Dongbei Bai et al.

Serigne Mory Khouma Séne, Cheikh Faye, Chaitanya B. Pande

Abstract Accurate assessment of water resources at the watershed level is crucial for effective integrated watershed management. While semi-distributed/distributed models require complex structures and large amounts of input data, conceptual models have gained attention as an alternative to watershed modeling. In this paper, the performance of the GR4J conceptual model for runoff simulation in the Gambia watershed at Simenti station is analyzed over the calibration (1981–1990) and validation period (1991–2000 and 2001–2010). The main inputs to conceptual models like GR4J are daily precipitation data and potential evapotranspiration (PET) measured from the same catchment or a nearby location. Calibration of these models is typically performed using the Nash–Sutcliffe daily efficiency with a bias penalty as the objective function. In this case, the GR4J model is calibrated using four optimization parameters. To evaluate the effectiveness of the model's runoff predictions, various statistical measures such as Nash–Sutcliffe efficiency, coefficient of determination, bias, and linear correlation coefficient are calculated. The results obtained in the Gambia watershed at Simenti station indicate satisfactory performance of the GR4J model in terms of forecast accuracy and computational efficiency. The Nash–Sutcliffe (Q) values are 0.623 and 0.711 during the calibration period (1981–1990) and the validation period (1991–2000), respectively. The average annual flow observed during the calibration period is 0.385 mm while it increases with a value of 0.603 mm during the validation period. As for the average flow simulated by the model, it is 0.142 mm during the calibration period (i.e., a delay of 0.142 mm compared to the observed flow), 0.626 mm in the validation period (i.e., an excess of 0.023 mm compared to the observed flow). However, this study is significant because it shows significant changes in all metrics in the watershed sample under different scenarios, especially the SSP245 and SSP585 scenarios over the period 2021–2100. These changes suggest a downward trend in flows, which would pose significant challenges for water management. Therefore, it is clear that sustainable water management would require substantial adaptation measures to cope with these changes.

Katherine A Serafin, Jeffrey R Koseff, Derek Ouyang et al.

After several years of drought, 2023 and early 2024 are reminders of the powers of California’s atmospheric rivers and the devastating flooding they can entail. Aged flood-mitigation infrastructure and climate change exacerbate flood risk for some communities more than for others, highlighting the challenge of equitably mitigating flood risk. Identifying inequities associated with infrastructure projects is now legally required by regional water boards in California, but tools are lacking for making this assessment systematically. We propose that risk trajectories, computed by adding a probabilistic wrapper of flood drivers to models already used in flood-risk-mitigation planning, allows planners to quantify the spatial and temporal variability of risk for communities along river and thereby increase procedural equity by making distributional equity more transparent. While our proposed approach is applicable generally, we demonstrate its impact in the case of San Francisquito Creek, California, where risk trajectories combined with a multi-tier engagement model, helped identify and prevent an inequitable risk transfer.

Kunle Ibukun Olatayo, Paul T. Mativenga, Annlizé L. Marnewick

Abstract The sustainability of plastic materials and products requires the continuous improvement of the circular pathways for the material. A key strategy in the circularity of plastic is plastic recycling. Improving the circular pathways requires an understanding of the maturity level of the plastic recycling system. This study evaluated the maturity of the plastic recycling system in South Africa across the plastic value chain. Both secondary and primary data were collected, analysed and cross-validated. The results put the maturity of the country’s system at “Visionary” (Level 3) for the value chain stages of primary plastic production, product manufacturing and recycling, whereas waste generation, collection and handling, sorting and recyclate market were rated as “Structured” (Level 2). Furthermore, a set of initiatives to advance the maturity of the system to the desired level of “Connected and Dynamic” (Level 5) were identified. The paper provides a benchmark of performance and determines the stages of the system requiring additional attention. This is aimed at providing insight into policymaking to advance plastic recycling and circularity.

Akbar Kurnia Putra, Bernard Sipahutar, Hanny Sukma Ardiana

Abstract Coal mining activity is one of the sources of the non-tax state income sector that contributes to the state. However, the activity has a negative impact that damages the environment and other living creatures. This article focuses on how the impact of mining activities and the transportation of coal in particular in the Jambi Province is reviewed from the Paris Agreement perspective, international environmental principles, as well as from a human rights perspective. This research is carried out using normative juridical research. The result is that the mining and transportation of coal in the province of Jambi is an activity that reflects the lack of commitment of Indonesia as a ratifying party of the Paris Agreement, in terms of climate stability on Earth. This activity is also contrary to the principles of conservation and protection of the environment under national and international law because it creates imbalances in the environment through the presence of environmental damage and pollution. In addition, the activity is also indicated as a violation of the right to the living environment that should be accessible by every citizen. And for that, coal mining and transportation activities must be stopped by weighing the many negative impacts perceived by society and the environment.   Abstrak Aktivitas pertambangan batubara merupakan salah satu sumber dari sektor penghasilan negara bukan pajak yang memberikan kontribusi kepada negara. Namun aktivitas tersebut memberikan dampak negatif yang merugikan lingkungan dan makhluk hidup lainnya. Artikel ini berfokus kepada bagaimana dampak dari aktivitas pertambangan dan pengangkutan batubara terkhususnya di Provinsi Jambi ditinjau dari Paris Agreement, prinsip lingkungan internasional serta dari perspektif hak asasi manusia. Penelitian ini dilakukan dengan menggunakan jenis penelitian yuridis normatif yang mana mendapatkan hasil bahwa aktivitas pertambangan dan pengangkutan batubara merupakan aktivitas yang mencerminkan kurangnya komitmen Indonesia sebagai negara yang turut meratifikasi Paris Agreement dalam hal menjaga kestabilan iklim di bumi. Aktivitas tersebut juga bertentangan dengan prinsip pelestarian dan perlindungan lingkungan menurut hukum nasional serta hukum internasional karena menimbulkan ketidakseimbangan pada lingkungan melalui hadirnya kerusakan dan pencemaran lingkungan. Selain itu, aktivitas tersebut juga terindikasi adanya pelanggaran terhadap hak atas lingkungan hidup yang seharusnya dapat dinikmati oleh setiap warga negara. Dan untuk itu, aktivitas pertambangan dan pengangkutan batubara harus dihentikan menimbang banyaknya dampak negatif yang dirasakan oleh masyarakat dan lingkungan.

Bolshakova Mariia, Garamyan Arusyak, Paliy Tatiana et al.

The research is aimed at defining the main concepts of international environmental law which reflect the most urgent environmental problems at different stages of the development of this area of law. Using several cross-disciplinary methods to analyse the texts of three international environmental agreements, the authors aim at proving the hypothesis that the development of international environmental law can be characterized by transformation from specific to universal problems. The authors believe that the problems addressed in a chronologically earlier document are relatively specific, while later documents focus on more general issues. Such change of priorities is supported by the results of linguo-cognitive analysis of the texts under study. Various conceptual constants are typical of different stages of development of international environmental law. The constants found in the documents of different periods of time accumulate to shape the cognitive dominants of the discourse of international environmental law, which makes it possible to trace the evolution of environmental ideas at a global scale.

V. Marinich, M. Myklush, O. Yara

This is the third article in the study related to analyzing the process of regulation of space activities. Considering the results of previous studies of documents adopted by the international community during the 1958 -1963 period in the field of regulation of space activities, this article pays special attention to the formation process of Outer Space Public Law. The article describes the international community`s initiatives, including the UN General Assembly, which can be considered the first elements in the general design of Outer Space Public Law. At the same time, the form of these elements may seem non-standard and even controversial, taking into account the fact that at this stage Outer Space Public Law was just in its infancy. However, as has already been discussed in previous studies, we should not expect from the “Outer Space Law” the form in which this “Law” is accustomed to consider, due to the exclusivity of the environment to which this new “Law” was formed. Summarizing the study of legal documents on space activities during the 1958-1963 period, we can state that already in this period the first principles, concepts, and rules of space activities were formed, which led to the emergence and development of a completely new area of law, namely, the so-called Outer Space Law. At the same time, it was established that at the end of 1963, the Outer Space Public Law already existed, which mainly consisted of Conventionalis stipulatio, developed in the form of Resolutions and Declarations of the UN General Assembly. Certainly, it is necessary to recognize that the Outer Space Law had many gaps, shortcomings, and unresolved issues at the early stage of its development. However, it is these nuances that today make it possible to understand how this field of law should be further developed.

Yunita Yunita, Rina Antasari, Armasito Armasito

ABSTRACT Conditional release arrangements for perpetrators of corruption in Indonesia are in Law No. 22 of 2022 concerning Corrections, from the perspective of Islamic criminal law. The criminal act of corruption in Indonesia is an extraordinary crime, which must also be dealt with in an extraordinary manner. However, the existence of this law provides legal relief in the form of parole without exception for all criminal acts. So that there were pros and cons among the people when this law was enacted. In this paper, two formulations of the problem will be discussed, namely: First, how to regulate parole for perpetrators of corruption in Indonesia in Law No. 22 of 2022 concerning Corrections. Second, what is the perspective of Islamic criminal law regarding the conditions for parole for perpetrators of corruption in Indonesia. The method used in this research is library research. This research is a collection of data, information, or information obtained from the results of data collection. In the form of library data such as books, articles, notes, journals, laws and so on. Then, it is analyzed so that conclusions are drawn from the results of the study. Conditional release for perpetrators of corruption in Law No. 22 of 2022 concerning Corrections. It has been set and implemented according to the applicable regulations. However, the criminal act of corruption must be prosecuted as an extraordinary crime, because from the side of justice it is contrary to legal justice, legal certainty, and the usefulness of law. Sanctions for perpetrators of corruption are a typical form of crime whose scope can range from the simple to the heaviest levels and have massive consequences, so takzir laws can be applied such as putting corruptors on the list of disgraceful persons, dismissing them from their positions, alienating them from the public, confiscating assets twice as much. from the proceeds of corruption crimes, even the death penalty according to the level of corruption crimes committed and the negative consequences that arise. takzir concept related to parole in Islamic law. Takzir punishment is an educational punishment for sinful acts (immorality) whose punishment has not been determined by syara'. The simple meaning of the takzir punishment is a punishment that has not been determined by syara' but is left to the government both for its determination and its implementation. Keywords: Islamic Criminal Law, Waste, Enforcement, Environmental Pollution, Crime.

Mariana Martins, Luís Fernandes, Frederico Lobo et al.

Ihor Hlobenko, Maksym Baryshnikov, Anelia Kudin et al.

The article analyzes the legal experience of space science and education in China and Ukraine. It is proved that the legal and organizational regulation of the space industry of China and Ukraine reflects different trends. China has progressed in space science and education, while Ukraine has stagnated. China has taken the best of Soviet and Western expertise. Ukraine was left with the worst achievements of the Soviet-era public administration and did not introduce the competitive mechanisms of Western society. It is concluded that individual scientists and designers in Ukraine have preserved their outstanding potential in space research. Ukrainian space education has a long and illustrious history.

Shao-wen WU, Yan-ling ZHANG, Shuai ZHANG et al.

In recent years, with the rapid development of the stainless steel industry in China, a large number of Cr-containing solid wastes are produced. Chromium resources in China are very scarce, and China mainly dependent on imported chromium. In the current situation of a limited supply of chromium ore in the world, determining the efficient utilization of chromium resources will become very important. The recovery of chromium in various solid wastes produced by the stainless steel industry has practical economic significance. In addition, an uncontrolled emission of Cr-containing solid wastes will endanger the ecological environment and hamper biological safety. Further, the large scale of China’s stainless steel industry has caused urgent environmental problems, i.e., the whole manufacturing process has produced a large number of Cr-containing solid wastes, including stainless steel slag, stainless steel dust, stainless steel rolled iron scale, and pickling sludge. The detoxification/solidification of Cr to obtain long-term safety performance is an important factor that must be considered in the development of a comprehensive utilization process technology for a large amount of Cr-containing solid wastes generated by the stainless steel industry. This paper reviewed the previous research work in this field, including the work regarding the chemical and phase compositions of the stainless steel industrial solid waste, the existing forms of chromium in different Cr-containing solid wastes, the cycle enrichment rule, and the toxicity of chromium in the environment. The evolution law of Cr-bearing mineral phases and the solidification mechanism of Cr in different mineral phases were discussed. The research progress of various inorganic materials such as cement, glass ceramics, and sintered ceramics prepared using Cr-containing solid wastes in the stainless steel industry was summarized. Bottleneck problems in the preparation of various inorganic materials from chromium-containing solid wastes in the stainless steel industry were analyzed to provide a basis for the future harmless, high-value, resource-based treatment of stainless steel Cr-containing solid wastes and the realization of industrial applications in China.

Knut Boge, Amin Haddadi, Ole Jonny Klakegg et al.

Real estate and buildings are some of facility managers’ most costly resources. Thus, knowledge about how to get the most out of building or renovation projects both in the short term and in the long term are of great importance for facility managers. This paper investigates which factors are most important for building and renovation projects’ output or short-term value creation, and outcome or long-term value creation, i.e., the completed building’s effect for owners and users. Thus, the focus is not primarily financial and the buildings’ asset value. The study is based on a national questionnaire survey in Norway (550 respondents). Multivariate statistics (Principal Component Analysis and Linear Multiple Regressions validated with bootstrapping) were used to test the hypotheses. Short-term project management priorities, such as early involvement of technical contractors and FM providers, contract strategy and involvement of owners and users largely decide the qualities of the building, and thus the potential for long-term value creation. The most important factors for long-term value creation, i.e., buildings that facilitate the demand organisation’s value creation are the qualities of the completed building, project governance and involvement of owners and users during early phase planning.

Bianca Cavalli Almeida, Jorge Shiguemitsu Fujita

O presente artigo versa sobre a adaptação pelas instituições financeiras brasileiras à Lei Geral de Proteção de Dados (nº 13.709/2018), analisando os principais desafios à sua implementação no segmento. Ainda, o estudo possui o escopo de identificar os riscos legais apontados pela doutrina e pelos relatórios técnicos em segurança da informação à proteção dos dados pessoais, principalmente com o advento das novas tecnologias utilizadas pelo setor, como também verificar possível relação conflituosa entre a proteção de dados ora normatizada e a legislação regulatória atinente aos bancos. Por fim, será investigada a dicotomia entre o desenvolvimento da economia de dados e a necessidade de proteção aos dados pessoais do consumidor bancário.

Suwari Akhmaddhian

The purpose of this study is to determine the regulation of laws and regulations regarding environmental justice in Indonesia and how the concept of building environmental justice in the justice system in Indonesia. This research can be useful both practically and theoretically, practically. The research method used by researchers is the evaluative analysis method, which is a method of gathering and presenting data obtained to analyze the actual situation and then rational analysis is carried out based on juridical references through library research. The results of the research Regulations on the environment are already available namely Law Number 32 of 2009 concerning Environmental Protection and Management and building an environmental justice system starting from improving human resources namely the Supreme Court by consistently educating and training judges with knowledge of aspects of environmental law life that will later handle environmental cases; The Supreme Court makes a special assembly that handles environmental cases; The Supreme Court creates a special chamber that is integrated with the general court that handles environmental cases; The government is amending the 1945 Constitution specifically Article 24 by adding the judicial environment to the environmental court. The conclusion of the legislation is already available and must be used as well as possible and amend the laws and regulations so that bias can be created specifically for environmental justice.   Keywords: Building; Environmental; Justice System.

Paula Villa Martín, Virginia Domínguez-García, Miguel A Muñoz

Understanding the causes and effects of spatial vegetation patterns is a fundamental problem in ecology, especially because these can be used as early predictors of catastrophic shifts such as desertification processes. Empirical studies of the vegetation cover in some areas such as drylands and semiarid regions have revealed the existence of vegetation patches of broadly diverse sizes. In particular, the probability distribution of patch sizes can be fitted by a power law, i.e. vegetation patches are approximately scale free up to some maximum size. Different explanatory mechanisms, such as plant–plant interactions and plant-water feedback loops have been proposed to rationalize the emergence of such scale-free patterns, yet a full understanding has not been reached. Using a simple model for vegetation dynamics, we show that environmental temporal variability—a well-recognized feature of semiarid environments—promotes in a robust way (i.e. for a wide range of parameter values) the emergence of vegetation patches with broadly distributed cluster sizes. Furthermore, this result is related to a percolation phenomenon that occurs in an intermittent or fluctuating way. The model also reveals that the power-law exponents fitting the tails of the probability distributions depend on the overall vegetation-cover density, in agreement with empirical observations. This supports the idea that environmental variability plays a key role in the formation of scale-free vegetation patterns. From a practical viewpoint, this may be of importance to predict the effects that changes in environmental conditions may have in real ecosystems. From a theoretical side, our study sheds new light on a novel type of percolation phenomena occurring under temporally-varying external conditions, that still needs further work to be fully characterized.