Hasil untuk "Environmental law"

Eva Bernet Kempers

This article examines the intersection of the Rights of Nature (RoN) and animal rights, two increasingly influential paradigms in both academic discourse and judicial practice. While RoN has gained global recognition, with various jurisdictions attributing legal personality and/or rights to natural entities, the inclusion of individual wild animals remains contested. Animal rights scholars have expressed concerns that RoN might sacrifice individual animals too easily, potentially leading to a form of “environmental fascism”. Proponents of rights of nature, in turn, question the adequacy of animal rights as this framework tends to privilege sentient animals over non-sentient entities, potentially endangering the ecological equilibrium. It remains therefore particularly unclear whether and to what extent the recognition of rights of nature implies the recognition of individual animal rights. This article examines the relationship between the two, taking account of the existing case law in different jurisdictions. It argues that, despite some degree of theoretical divergence between RoN and animal rights, the two paradigms can (and should) be reconciled in legal practice, meaning that, if rivers have rights, fish have rights too.

Diana Kättström, Anna Beronius, Urban Boije af Gennäs et al.

Abstract The EU recently introduced four new hazard classes to the Classification, Labelling and Packaging Regulation (CLP) (EC) 1272/2008. The classes are endocrine disruption for human health (ED HH) and the environment (ED ENV), persistent, bioaccumulative and toxic (PBT) or very persistent and very bioaccumulative (vPvB), and persistent, mobile and toxic (PMT) or very persistent and very mobile (vPvM). This action was a direct consequence of the EU’s Chemicals Strategy for Sustainability, which aims at strengthening the protection of human health and the environment, as well as reinforcing the CLP Regulation as the central piece of the chemicals legislation. This study examined the regulatory obligations triggered by these new hazard classes, as well as the existing obligations for endocrine disrupters and PBT/vPvB substances identified in other EU regulations. In addition, we compared the CLP criteria for endocrine disruption and PBT/vPvB to criteria existing in other EU regulations and investigated how these criteria are used in the EU chemicals legislation. We found that the implementation of the new hazard classes under the CLP into existing EU chemicals legislation will require the revision of all regulations that rely on the CLP hazard criteria for risk management. Without revision, the immediate impact of the new hazard classes will only extend to six regulations and the regulatory obligations they contain, all of which apply to substances classified under any of the CLP hazard classes. Meanwhile, substances with endocrine disrupting and PBT/vPvB properties are already being identified and regulated using criteria from regulations other than the CLP. When comparing the criteria for identification of endocrine disrupters and PBT/vPvB substances across the chemicals legislation, we found that the criteria differed between regulations. The findings aim to support the efficient implementation of the new CLP hazard classes and harmonization of criteria across regulations, in line with the Chemicals Strategy for Sustainability.

Jessica Ferreira, Dione da Rocha Bandeira, Edson Luiz Peters et al.

Este artigo analisa a evolução da inserção dos sítios arqueológicos pré-coloniais, especificamente sambaquis, nas diretrizes de ordenamento territorial e planejamento urbano do município de Joinville/SC. Parte-se do problema de pesquisa: como o zoneamento urbano e rural, bem como a legislação municipal, têm influenciado a conservação dos sambaquis ao longo do tempo? Para tanto, realizou-se uma análise comparativa entre o diagnóstico ambiental realizado em 2000 e o cenário atual delineado pelas Leis Complementares nº 470/2017 e nº 620/2022, com um intervalo temporal de 23 anos. A metodologia baseou-se em revisão bibliográfica, análise documental e fotointerpretação dos sítios registrados. Os resultados indicam que, embora tenha havido avanços na legislação urbanística e na criação de Unidades de Conservação, ainda persistem lacunas significativas na proteção efetiva dos sítios arqueológicos. Constatou-se que a maioria dos sítios permanece situada em zonas sem diretrizes específicas de salvaguarda. Além disso, observou-se que o planejamento urbano recente negligência a dimensão arqueológica dos territórios, comprometendo a preservação desses bens culturais frente à expansão urbana. O estudo reforça a necessidade de integração entre a política de gestão do patrimônio arqueológico e os instrumentos de planejamento territorial municipal.

Sida Kang, Xilin Hou, Yuhan Hu et al.

Environmental factors in social systems affect information spreading at all times. This paper proposes a stochastic S2EIR model that considers the presence of super-spreaders and implicit exposers in information spreading, as well as the stochastic perturbation of model parameters. The existence of a global positive solution using the Itô′s formula is then demonstrated. Sufficient conditions for information disappearance and smooth distribution of information are calculated by using the Borel–Cantelli lemma and the strong law of large numbers. Furthermore, the optimal control strategy for the stochastic model is proposed using the Hamiltonian function. The results of the theoretical analysis are supported by numerical simulations and compared to the parameter variations of the deterministic model. The results of this study indicate that white noise facilitates the spread of information. The intensity of perturbation is proportional to the fluctuation of information spreading. Controlling random parameters can effectively facilitate the spread of information. For positive information, the randomness and complexity of the social system should be utilized to increase the spread of information. In contrast, for negative information, randomness in the social system should be suppressed to the greatest extent possible to limit information dissemination.

Suwari Akhmaddhian, Haris Budiman, Rahul Bhandari

Indonesia has enacted a number of regulations dealing with issues of mining governance, and governance. However, the issuance of these various laws and regulations has resulted in illegal mining crimes resulting in environmental damage. The purpose of this study is to analyze sustainable mining governance policies in Indonesia, Africa and Germany. This research method uses a doctrinal legal approach. Resources have been compiled through an examination of mineral and coal mining laws and regulations, governance and environmental governance regulations, as well as reports from various authorities on the same subject. The results of this study show how Indonesia's previous mining law policies recognized local governments as the authority for licensing and monitoring mining activities. This policy was revoked based on the latest governance regulations and had an impact on the vacancy in monitoring mining activities at the district/city level, as a result of this vacancy there was environmental damage due to illegal mining and bad mining activities so that it was necessary to strengthen government policies in monitoring mineral and coal mining. Mining governance policies in Indonesia, Africa and Germany are currently starting to lead to environmental sustainability.

Michael J. Horry, Subrata Chakraborty, Biswajeet Pradhan et al.

Lung cancer is the leading cause of cancer death, and early diagnosis is associated with a positive prognosis. Chest X-ray (CXR) provides an inexpensive imaging mode for lung cancer diagnosis. Computer vision algorithms have previously been proposed to assist human radiologists in this task; however, leading studies use down-sampled images and computationally expensive methods with unproven generalization. In contrast, this study localizes lung nodules from CXR images using efficient encoder-decoder neural networks that have been crafted to process full resolution input images, thereby avoiding signal loss resulting from down-sampling. Encoder-decoder networks are trained and tested using the Japanese Society of Radiological Technology dataset. The networks are used to localize lung nodules from an independent CXR dataset. These experiments allow for the determination of the optimal network depth, image resolution, and pre-processing pipeline for generalized lung nodule localization. We find that more subtle nodules are detected in earlier training epochs. Therefore, we propose a novel self-ensemble model from three consecutive epochs centered on the validation optimum. This ensemble achieved a sensitivity of 85% in 10-fold internal testing with false positives of 8 per image. A sensitivity of 81% is achieved at a false positive rate of 6 following morphological false positive reduction. This result is comparable to more computationally complex systems, but with a sub-second inference time that is faster than other methods presented in the literature. The proposed algorithm achieved excellent generalization results against a challenging external dataset with a sensitivity of 77% at a false positive rate of 7.6.

Debra Perrone, Melissa M. Rohde, Courtney Hammond Wagner et al.

Abstract Natural resources policies that promote sustainable management are critical for protecting diverse stakeholders against depletion. Although integrating diverse stakeholders into these policies has been theorized to improve protection, empirical evidence is lacking. Here, we evaluate 108 Sustainability Plans under California’s Sustainable Groundwater Management Act to quantify how well stakeholders are integrated into plans and protected from groundwater depletion. We find that the majority of Sustainability Plans do not integrate or protect the majority of their stakeholders. Nevertheless, our results show that when stakeholders are more integrated into a Sustainability Plan, they are more likely to be protected, particularly for those that lack formal access to decision-making processes. Our findings provide strong empirical evidence that integrating diverse stakeholders into sustainability planning is beneficial for stakeholders who are vulnerable to the impacts of natural resource depletion.

Rodica Bolocan, Filip Baba, Ioan Petroman et al.

European Union pays a special importance of issues related to environment and water protection. The EU legislation in the environment field has been elaborated starting with the 1970s, and has been regulated through directives, regulations, decisions and legislative provisions at national and local level. Environmental policy of the European Union, as it was established by the EC Treaty, has as purpose the insurance of the sustainability of the protection activity of environment, through inclusion of its in EU sectorial policies, through developing of the prevention measures, by respecting the principle of “the polluter pays”, by combating at source of the pollution, and by assuming in common of the responsibility. The principle stated above, provides bearing the costs by the polluter with remediation of the damages in case of environmental pollution. So, it aims the empowering of those who have violated the environmental standards and has a coercive character, being meant to discourage disrespect the environmental legislation. In this paper we intend to present the strategic documents and legislation from the environmental protection field applicable to the livestock sector, taking into account the monitoring - both of the environment factors, and also of the level of appliance of UE legislation in environment field, in itself - is fundamental.

Dominic McAfee, Georgina Drew, Sean D. Connell

The restoration of marine habitats is becoming a primary strategy for managing healthy coastal ecosystems, but initiatives often fail due to conflicts with social or industry activities. Confronting the challenge of expanding marine restoration for the ‘Ocean Decade’, this paper explores the ways that researchers could improve the way Governments and practitioners engage stakeholders with restorations of high socio-ecological and economic value. We seek to recenter the role of scientific knowledge-making in marine restoration by incorporating culturally informed socio-economic well-being into restoration practice; a process for encouraging greater marine stewardship by an engaged, more ocean literate public set to co-benefit from successful restoration practices. Using Australia's shellfish reef restoration program as a case study, we underscore the value of understanding diverse perspectives on marine restoration to foster a more inclusive restoration practice, one that nurtures a meaningful knowledge base to shift how restoration is viewed, engaged with, and funded.

Leonito Ribeiro, I Nyoman Gede Sugiartha

A good and healthy living environment is the right of every Indonesian citizen as mandated in Article 28H of the 1945 Constitution of the Indonesian Republic. Unwise environmental management will aggravate the degradation of the environment, and therefore, improving the protection and management of the environment becomes necessary. Government accountability in environmental protection and management is a part of their public service function to ensure that people have a good and healthy environment. Thus, the puposes of this research are to examine the administrative accountability in environmental management for tourism development and to find a way to resolve legal consequences the government can face for its decision in environmental management in tourism development. This research is normative and empirical legal research and applied several approaches: statute approach, conceptual approach, philosophical approach, historical approach, comparative approach, case approach, and cultural approach based on local wisdom. The results show that the protection and management of the environment are efforts to take on a difficult responsibility, making environmental degradation more evident. Therefore, administrative law enforcement is the first step for the government to enforce the law immediately for environmental protection. The enforcement of administrative law and the integration of the values that grow in society in protecting and preserving the environment is ideal forms of wise environmental protection and management to realize tourism development. However, if the government fails to protect and manage the environment in developing tourism, the government can be held administratively accountable.

Takashi Sakurai

The paper studies the soft X-ray data of solar flares and found that the distribution functions of flare fluence are successfully modeled by tapered power law or gamma function distributions whose power exponent is slightly smaller than 2, indicating that the total energy of the flare populations is mostly due to a small number of large flares. The largest possible solar flares in 1000 years are predicted to be around X70 (a peak flux of 70 × 10⁻⁴ W m⁻²) in terms of the GOES (Geostationary Operational Environmental Satellites) flare class. The paper also studies superflares (more energetic than solar flares) from solar-type stars and found that their power exponent in the fitting of the gamma function distribution is around 1.05, which is much flatter than solar flares. The distribution function of stellar flare energy extrapolated downward does not connect to the distribution function of solar flare energy.

Asnita Tresia Sitompul

From its inception as a draft bill to its enactment, the Omnibus Law on Job Creation has been steeped in controversy. While it promises investment efficiency and ease of business operations, the law is perceived as a threat to environmental sustainability and a potential weakener of environmental law enforcement. Accordingly, this research aims to analyze and describe the risks that the UU Cipta Kerja poses to the environment from a legal perspective. This qualitative research was performed using the descriptive exploratory design to gain detailed insights of the ongoing events during the research period, investigate the causes of specific phenomena, and describe the current state of these phenomena. Data collection was conducted through a desk study, which involved gathering information from various sources including books and websites. This approach allowed the researchers to efficiently locate and compile necessary data and information.

Qiang He, Xin Deng, Chuan Li et al.

Environmental pollution is threatening the sustainable development of rural areas. Increasing farmers’ willingness to participate in environmental governance (FWPEG) can effectively reduce this threat. Fortunately, the internet can speed up the process. However, it is unclear whether and to what extent the mastery of internet skills will increase FWPEG. This study uses data from 3503 farmers in 30 provinces in mainland China. It uses the TE and IVQTE models to correct selection bias and quantitatively assess the impact of mastery of internet skills on FWPEG. The results show: (1) mastering internet skills can significantly increase FWPEG, and after correcting the endogenous deviation, the marginal benefit of farmers mastering internet skills is 0.124; (2) in the 34–81% quantile range, internet skills show a declining development trend in FWPEG, which is in line with “the law of diminishing marginal utility”, and mastery of the impact of internet skills on FWPEG has “leaping” (33% → 34%)” and “sagging (81% → 82%)” characteristics; (3) compared to that of the east, internet skills in central and western regions have a more significant role in promoting FWPEG. In general, internet skills can effectively increase FWPEG, and the impact will be more pronounced in underdeveloped areas. The influence of internet skills on FWPEG will gradually weaken with the increase of FWPEG. The results of this research help to coordinate the relationship between government environmental governance and rural environmental autonomy and provide some new ideas for realizing global rural revitalization.

Idris Idris, Taufik Rachmat Nugraha

Through the United Nations, the international community is seriously paying attention to the use of seabed areas as regulated by the Law of the Sea Convention 1982, which states that the area and its resources are the common heritage of humankind.  The 1994 Agreement has implemented chapter XI. The resources are relating to the state's interests in terms of energy exploration and environmental impact aspects. An increasing need for global electronic products by many countries in which of the components are rare minerals. Various minerals such as manganese, polymetallic nodules, and polymetallic sulphur are lying down in the seabed. However, seabed also had an essential role in keeping the marine ecosystem balanced. On the one hand, the human's need for those minerals also cannot be denied. Draft of regulations by the International Seabed Authority to manage deep-sea mining are still insufficient to prevent irrevocable damage to the marine ecosystem and loss of essentials species for the next. On the other hand, the spirit of Sustainable Development Goals 14 concerns life underwater. This paper examines deep-sea mining science from a legal perspective to protect and preserve seabed for the future generation using normative approach describing norms and principles in the Law of the Sea Convention 1982. As a result, the commercialisation of deep-sea mining violates the principle of the convention. Thus, it needs to encourage ISA to enhance the minimum requirements for all contracting parties in the future.

Benaissa Kheira

Algeria is experiencing a crucial need in municipal solid waste management improving system. According to the National Agency or Waste (- AND) more than 11 million tons of waste are produced annually, and this production is growing significantly. Algerian cities have to deal with the hard situation of the increase in the amount of waste produced. This results in environmental degradation and a risk to public health. Biogas technology is one of the technologies that have continued to receive a lot of attention. In Algeria, the first biodigester was constructed in 1938 under the impulse of two teachers of the National School of Agriculture of Algiers Ducellier and Isman. That work has been considered as precursor of the biogas production mastery not only in Algeria but also at the world level. Based on their patent, many agricultural installations were equipped with gas digesters of manure, and that various pieces of equipment of valorization of biogas have been developed. The main benefits of biogas technology include its ability to add value to biomass chains by closing equipment cycles and enabling improved fuel efficiency. Taking into account the interests presented above, the objective of this work is to extrapolate the current environmental regulatory side for the Algerian case in terms of energy recovery of fermentable organic waste via the production of biogas, and to propose a law on the energy transition-biomass to accelerate the deployment of this renewable energy. We are interested in the topic of organic municipal waste management in the case of Algeria. The aim is to contribute to a new waste recovery policy based on theoretical and practical knowledge. These instructions presents guidelines for preparing papers.

Zhichao Li, Yilin Li, Wanchun Lu et al.

From the perspective of platform economics, crowdsourcing is a very efficient business model, and the pricing of crowdsourcing tasks is a key factor for the sustainable development of the crowdsourcing model. In the logistics industry, crowdsourcing provides a new idea of sustainable development for logistics enterprises, and reasonable distribution pricing is the key to achieving sustainable development. This paper innovatively adds dynamic and decentralized characteristics of logistics on the basis of a detailed analysis of pricing methods and uses this as a basis to build a pricing model. First, based on existing crowdsourced photography task pricing data, this paper establishes a project-centric domain and builds metrics into the attributes of each project based on the data in that domain. Then, a regression model is used to fit the completion rate of previous projects, and a multiple linear regression and optimal pricing mechanism are established. Finally, the DBSCAN algorithm is used to cluster areas with a high project density, and a pricing optimization model based on polynomial Logit (MNL) is established. We found through the model analysis that the optimized pricing strategy of crowdsourcing logistics services has a better packaging completion rate based on a combination of complex factors including bundling and outliers. In short, the main contributions of this paper are to build a complex mathematical model for crowdsourcing tasks, improve the algorithmic deficiencies of the previous crowdsourcing task pricing methods, and provide a reference for further research on crowdsourcing tasks.

Ignat’eva Inna

The article considers the problem of doctrinal differences in the understanding of the subject of legal regulation of environmental law. It is shown that the reason of such variability is the vague definition of regulated public relations in the Federal Law «On Environmental Protection». In science, the subject of environmental law is considered to be either all relations arising in the sphere of interaction between society and nature or only environmental relations. Such an understanding of the subject leaves no chance for an unambiguous understanding of environmental law per se as a branch of Russian law.

Clarissa de Oliveira Gomes Marques da Cunha, Simone Peixoto Ferreira Porto

The present work is based on a critique of the rationalist-liberal economic development model. It uses a historical retrospective of the international ecological movement and aims to analyze the discourse of sustainable development and its relations with the secular development project that strongly contributes to the environmental degradation commonly identified as "crisis." The environmental issue was considered as a global public good, with no limits set by the physical borders of the national States. Finally, the paper briefly noted some mechanisms of global governance and their contributions to the construction, regulation, and control of international environmental law. In this way, the methodology used was mainly analytical, allied to an exploratory approach that rescued the historical perspective of the negation of nature as an explanatory base for the scenario identified in the text as "Development Project".

Vera Lúcia Lopes Cristovão, Vinícius Neves de Cabral

<p>The current alarming situation of the environment calls for special attention from all areas, as highlighted by Law no. 9.795, April, 1999, among others, the Literature produced in the English Language focused on this paper. The rise of a new research area of literary analysis in the second half of the twentieth century, the ecocriticism, shows that the literary studies are also concerned with the environmental crisis. Being part of the teacher education program, the disciplines of English and American Literature were analyzed based on the theoretical background of environmental education and literature so as to point out possible common grounds of these areas. The objectives of Environmental Education (EE), according to the Belgrade Letter, the subjects appointed by Tozoni-Reis and the ecocriticism allowed us to indicate viable ways of contribution from literary studies to EE. However, we advocate in favor of an interdisciplinary focus on both the disciplines in order to increase their positive future effects.</p><p><strong>Keywords:</strong> Environmental Education, Literatures in English, Ecocriticism.</p>

B. L. Guo, Y. H. Chen, X. J. Liu et al.

The fabrication of environmental-friendly Cu2ZnSnS4 (CZTS) thin films with pure kesterite phase is always a challenge to researchers in the field of solar cells. We introduce a simple non-vacuum sol-gel method to fabricate kesterite CZTS films. Ethylenediamine is used as the chelating agent and stabilizer and plays an important role in preparing stable precursor. X-ray diffraction, Raman and scanning electron microscopy studies suggest that the microstructure and optical properties of CZTS films depend strongly on annealing temperatures. The temperature dependence of conductivity of 500 °C annealed CZTS film shows that the Mott law dominates in the low temperature region and thermionic emission is predominant at high temperatures.