Hasil untuk "Environmental law"

T. Forsyth

B. J. Alloway, D. Ayres

K. Obidzinski, R. Andriani, H. Komarudin et al.

This paper reviews the development of oil palm with linkages to biofuel in Indonesia and analyzes the associated environmental and socioeconomic impacts. We selected three plantation study sites in West Papua (Manokwari), West Kalimantan (Kubu Raya), and Papua (Boven Digoel) to assess the impacts. Research findings indicate that the development of oil palm in all three sites has caused deforestation, resulting in significant secondary external impacts such as water pollution, soil erosion, and air pollution. In terms of social impacts, many stakeholder groups, i.e., employees, out-growers, and investing households, report significant gains. However, we found these benefits were not evenly distributed. Other stakeholders, particularly traditional landowners, experienced restrictions on traditional land use rights and land losses. We observed increasing land scarcity, rising land prices, and conflicts over land in all sites. Three major trade-offs are associated with the development of oil palm plantations, including those related to biofuels: unevenly distributed economic benefits are generated at the cost of significant environmental losses; there are some winners but also many losers; and economic gains accrue at the expense of weak rule of law. To reduce the negative impacts and trade-offs of oil palm plantations and maximize their economic potential, government decision makers need to restrict the use of forested land for plantation development, enforce existing regulations on concession allocation and environmental management, improve monitoring of labor practices, recognize traditional land use rights, and make land transfer agreements involving customary land more transparent and legally binding.

Andrew G. Meyer

E. Horváthová

P. Ahmadi, I. Dincer, M. Rosen

Fabio Calzolari

Ecocide, defined as the destruction of ecosystems with knowledge of its enduring effects, lacks recognition as an autonomous offence in international criminal law. The Rome Statute limits liability under Article 8(2)(b)(iv) to wartime conduct causing environmental damage that is widespread, long-term, and severe relative to anticipated military advantage. This schema excludes slow-onset harm, such as anthropogenic climate change. Using case studies of Ukraine and Tuvalu, this article juxtaposes two divergent yet equally poignant scenarios: the wartime devastation of habitats and the prospective risk of statehood impairment through sea-level rise. First-person accounts from the countries highlight Radbruch’s contention that law forfeits validity when it no longer guarantees the minimum conditions of life, and Alexy’s thesis that principles lose normative force when proportionality cannot justify ensuing harm. This article argues that a self-standing Ecocide Convention, equipped with universal jurisdiction, would not merely supplement the Rome Statute but offer the necessary framework to translate ecocide into enforceable criminal responsibility.

Antje Neumann

Book review

Carlo De Stefano

(Series Information) European Papers - A Journal on Law and Integration, 2026 11(1), 276-288 | Article | (Table of Contents) 1. Introduction. – 2. International Trade and the Environment: The Fight against Climate Change. – 3. The Carbon Border Adjustment Mechanism (CBAM) Regulation. – 4. The Legality of the CBAM under the Law of the World Trade Organization (WTO). – 5. The CBAM under the Lens of International Climate Change Law. – 6. Concluding Remarks. | (Abstract) The EU Carbon Border Adjustment Mechanism (CBAM), established by Regulation (EU) 2023/956 of 10 May 2023, aims to realise the EU climate ambition and leadership primarily by preventing the risk of carbon leakage in furtherance of the goals of the Paris Agreement of 12 December 2015. This also entails promoting decarbonisation in third countries, including in newly industrialized countries that may be still categorized as developing. This article provides an assessment of the legality of the CBAM under international law, namely pursuant to international trade law, especially the law of the World Trade Organization (WTO), and international environmental law, notably under the international climate change regime (ICCR). This article highlights that the CBAM, while being overall WTO compatible, fails to adequately address the principle of common but differentiated responsibilities (CBDR) that is cardinal within the ICCR. In this respect, the introduction of differential treatment in favour of least developed countries (LDCs) would strengthen the legitimacy of the European climate ambition and leadership.

Yohanes Hermanto Sirait, Arie Afriansyah, Tran Viet Dung

The intersection between trade and environmental issues has become an unavoidable reality in the contemporary global landscape. The WTO, as the foremost global trade body, integrates elements of sustainable development across several of its legal frameworks. This study seeks to explore the presence and evolution of environmental measures within the framework of the WTO. This research further examines the practical recognition of environmental measures within international trade contexts. Through normative research and comparative case studies of state disputes in WTO’ Dispute Settlement Body, this study identifies a growing trend in the use of environmental measures within WTO legal frameworks. The findings indicate that environmental measures possess a degree of legitimacy and are generally well-received by the WTO dispute settlement mechanism. Ambitious emission targets set by developed countries have contributed to the development of novel types of environmental measures. This indicates that the interconnection between trade and environmental concerns will continue to strengthen over time. Hence, ensuring a well-calibrated balance between trade obligations and environmental considerations requires the panel or Appellate Body to proceed with heightened prudence..

Bingcheng Zou, Cheng Xu, Meiting Lu et al.

This study examines the impact of social insurance contributions on corporate environmental investments, using a sample of 1684 firms with 18,503 firm-year observations from China's A-share listed companies between 2007 and 2019. Adopting a quasi-natural experimental design based on the 2011 Social Insurance Law in China, we employ a difference-in-differences model to analyze the effect of increased social insurance contributions. Our findings reveal that the increase in contributions prompts firms to raise their environmental investments. This effect is particularly pronounced for firms with higher labor intensity, located in regions with stricter environmental regulations, and led by politically connected CEOs. These results provide valuable insights into the role of firm-government interaction in shaping corporate environmental investment strategies.

Luka Martinovic, Zarko Zecevic, Marco Bibuli et al.

In this paper, the path following problem of an underactuated unmanned surface vehicle (USV) in the presence of environmental disturbances is considered. To compensate for the sideslip induced by drift forces, an adaptive Kalman-like observer is proposed to estimate both the path following errors and the unknown sideslip angle. Based on the estimated angle, an adaptive observer-based line-of-sight (AO-LOS) guidance law is then constructed to ensure convergence to the desired path. It has been proven that the proposed sideslip estimator is uniformly globally exponentially stable (UGES), while the equilibrium of the cascade system, composed of the sideslip estimator and guidance law, is shown to be uniformly semiglobally exponentially stable (USGES). Several numerical and experimental examples are provided to validate the theoretical results and demonstrate the practical applicability of the AO-LOS guidance law.

Andreea Larisa Olteanu (Burca), Elena Claudia Badea Florea , Alina Elena Ionascu

This study examines corporate governance and ESG (Environmental, Social, and Governance) in Romania, focusing on current awareness and implementation while suggesting improvements. Using a qualitative approach, it reviews relevant laws, reports, and regulations. Global economic development varies, and corporate governance provides rules to ensure investor transparency and security. Non-financial reporting is crucial, with companies increasingly evaluated on social and financial metrics, leading to more sustainability reports in line with GRI standards. Romania's corporate governance began in the early 2000s, with governance codes adopted in 2001, updated in 2008, and a new code by the Bucharest Stock Exchange in 2015, supported by the EBRD. The EU Directive 2014/56, integrated into Romanian Law 162/2017, requires accounting professionals on audit committees to enhance transparency, though implementation is ongoing. This study aims to clarify the current state and suggest improvements for corporate governance and ESG in Romania.

Nur Chanifah, Thohir Luth, Siti Rohmah et al.

The Bajo community, as a traditional maritime group, has long practiced marine environmental conservation, such as avoiding marine pollution and protecting endangered species. However, these conservation efforts are often perceived as lacking a firm legal foundation within both formal legal systems and Islamic law, making local wisdom-based conservation initiatives susceptible to neglect by both the government and the broader society. This study aims to analyze the marine environmental conservation practices of the Bajo community from the perspectives of Islamic environmental jurisprudence and the concept of green constitutionalism. The study conducted a qualitative approach. Data were collected through interviews and Focus Group Discussions (FGDs) with Bajo community members, religious leaders, and relevant stakeholders. The findings reveal that the unwritten customary regulations of the Bajo community emphasize the sanctity of the sea and promote a subject-to-subject relationship between humans and nature. The conservation practices of the Bajo community align with the principles of Islamic environmental law (fiqh al-bi’ah), particularly the principle of prioritizing environmental sustainability for the welfare of humanity. Furthermore, the study finds that Bajo conservation traditions have adopted the principles of green constitutionalism enshrined in Article 28 H of the 1945 Constitution of Indonesia, which ensures the right to a healthy and sustainable environment.

Tobias Schulze, Peta A. Neale, Jörg Ahlheim et al.

Abstract Background Wastewater can contain a complex mixture of organic micropollutants, with both chemical analysis and effect-based methods needed to identify relevant micropollutants and detect mixture effects. Solid-phase extraction (SPE) is commonly used to enrich micropollutants prior to analysis. While the recovery and stability of individual micropollutants by SPE has been well studied, few studies have optimized SPE for effect-based methods. The aim of the current study was to develop and evaluate two standard operating procedures (SOPs) for the enrichment of micropollutants in preparation for chemical analysis and bioanalysis, one covering a broad range of chemicals and the other selective for estrogenic chemicals. Results Pristine surface water spiked with > 600 micropollutants was used to develop a generic extraction method for micropollutants with a wide range of physiochemical properties, while water spiked with estrogenic chemicals was used to identify a selective extraction method. Three different SPE sorbents were tested, with recoveries of individual chemicals and effect in assays indicative of mutagenicity, estrogenic activity, and fish embryo toxicity assessed. The sorbent HRX at pH 7 was selected for the generic extraction method as it showed the best recovery of both individual chemicals and effect in the bioassays. The sorbent HLB at pH 3 showed optimal recovery of estrogenic chemicals and estrogenic activity. The two optimal SPE methods were applied to spiked and unspiked wastewater effluents, with the concentrations of detected chemicals and observed effects similar to those of previous studies. The long-term storage of both extracts and SPE cartridges for estrogens and estrogenic activity after extraction with the HRX and HLB methods were evaluated, with estrogenic effectiveness close to 100% after 112 days when HLB was used. Conclusions HRX is recommended for generic extraction, while HLB is optimal for the selective extraction of estrogenic micropollutants. However, if a laboratory only wants to use a single SPE sorbent, HLB can be used for both generic and selective extraction as it yielded similar chemical and effect recovery as HRX for a wide range of micropollutants. This paper is supplemented by the final SOP that includes a variant for generic extraction and one for the extraction of estrogenic chemicals.

Zelin Zhou, Rong Liu, Rong Liu et al.

As the length of the tunnel continues to increase, it will be common for a single fan to undertake the ventilation of two or more tunnel faces. However, the construction of multiple faces in a single tunnel will lead to a complex construction environment in the tunnel, the mutual interference of ventilation, and difficulty in discharging pollutants. Based on the simultaneous construction of multiple tunnel faces in a single tunnel, this study analyzed the transport law of pollutants. The diffusion laws of carbon monoxide and dust in multiple-face tunnels under different working conditions were obtained by numerical simulation. It was found that when both sides of the tunnel are ventilated at the same time, the airflow in the tunnel is spiral, the vortex zone will appear near both sides of the face, and the vortex and unstable airflow will appear at the intersection with the inclined shaft. The airflow in the non-equal-length tunnel at both sides is more disordered than that in the equal-length tunnel, and there will be a wider range of eddy currents at the intersection. The change of dust diffusion in the non-equal-length tunnel at both sides is not obvious, and the length of the multiple-face tunnel has little effect on dust settlement and diffusion. The research results are of great significance for improving the construction environment of tunnel faces and improving the working conditions of personnel.

Liang Yu, Weizhuo Xu

This article adopts a human rights approach to observe Japan’s policy on releasing nuclear contaminated water into the Pacific Ocean. It aims to provide a new discourse for stakeholders to push Japan to deal with Fukushima’s water in a responsible way. In doing so, it needs to elucidate an important normative question, namely whether a State has extraterritorial human rights obligations, given that international human rights law was traditionally perceived to deal with relationship between a State and its population. This stereotype would frustrate the world people to challenge the Japan’s decision based on human rights. In the era of economic globalization, however, there is an increasing need for the extraterritorial application of human rights treaties. Human rights theory and practice have gradually developed the jurisprudence on extraterritorial obligations of States based on an interpretation of jurisdiction. Such an approach has expanded from regulating State overseas military actions to tackling trans-boundary environmental harms. In the latter sense, the Fukushima incident is a good case, which urgently calls for a comprehensive examination of Japan’s extraterritorial human rights obligations. This article undertakes such a task by providing a logical interpretation of human rights treaty provisions. It is argued that the release of nuclear contaminated water entails a variety of extraterritorial obligations to respect, protect, and fulfill human rights on the part of Japan.

Dwi Haryadi, Ibrahim Ibrahim, Darwance Darwance

Since ancient times, the Bangka Belitung Islands have been known as one of the world’s largest tin producers. Mining has taken place massively since tin is no longer a strategic commodity, marked by the issuance of several policies that grant permits to anyone to mine tin. Mining, which was originally mostly carried out on land, over time and needed in the economic aspect, has also been carried out at sea. As a result, mining, mostly carried out without permits, impacts environmental damage and other legal and social aspects. In fact, from a regulatory standpoint, the government has issued laws and regulations that serve as references in environmental management, including its relation to the mining sector. This study aims to determine awareness of environmental law in unconventional tin mining activities in the Bangka Belitung Islands. Judging from its type, this research is analytical descriptive research, describing an object through which the data obtained is processed and analyzed to conclude. The research was conducted in all regencies/municipalities in the Bangka Belitung Islands. From the research that has been done, the result is that even though they know, the fact is that most of the mining is carried out without permits, plus there has never been, and there has been no socialization regarding tin mining permits. In addition, most of them also know that their mining activities damage the environment and admit that mining activities damage the habitat of living things. This means that, based on the theories and concepts used, miners are more towards ecocentrism because they make nature an object, not ecocentrism, which pays attention to environmental sustainability.

Gianluca Selicato

With the proposal for a Regulation of the European Parliament and of the Council establishing a Carbon Border Adjustment Mechanism (CBAM) adopted on July 14, 2021 by the European Commission, it begins to reach the heart of the global debate on the opportunity to adopt mechanisms to combat the phenomenon of ‘carbon leakage’, that is the attempt to evade existing carbon pricing systems through the delocalization of the most polluting activities. In this way, the European Union demonstrates its serious intention to strengthen actions against climate change and to identify customs taxation as an instrument to guide the choices of its trading partners and, therefore, of the major world economies. The precautions adopted in the application of the CBAM and the long transitional period before its entry into force, however, prevent the full appreciation of its potential repercussions (also) in terms of the new own resource of the European budget.

Gege Wang, Shulin Liu