Hasil untuk "Environmental law"

D. Vogel

C. Kennedy, Iain Stewart, A. Facchini et al.

P. Kwakwa, H. Alhassan, G. Adu

Even though many studies have attempted to understand the drivers of carbon dioxide emission and energy consumption to help tackle environmental issues, not much has been done to estimate the effect of natural resources extraction on these two variables. This study analyzes the long run environmental effect of natural resources extraction in Ghana under the Stochastic Impacts by Regression on Population, Affluence and Technology model for the period of 1971-2013. Estimation results indicate that income, urbanization, and extraction of natural resources contribute to Ghana’s environmental problems of rising carbon emission and energy consumption. However, international trade is found to reduce carbon emission. The implications from the results are discussed and the paper recommends among other things the need to strictly enforce laws regulating extractive activities in the country to ensure safe environment; and also to raise tariff and non-tariff barriers on products that do not promote friendly environment and vice versa.

Widowaty Yeni, Prasetyoningsih Nanik, Riskanita Dinda et al.

Plastic waste has become a persistent environmental and legal problem in Indonesia, yet existing law enforcement remains largely punitive and ineffective. While Indonesia has comprehensive regulations on waste management, sanctions for plastic waste dumping remain fine-based and fail to deter violations, revealing a gap between regulatory design and behavioural compliance. This study examines: (1) the legal mechanism for resolving plastic waste disposal cases under Indonesian positive law, and (2) the prospective model for resolving such cases using a restorative justice approach toward a zero-waste future. Using a normative method with statutory, comparative, and conceptual approaches, this paper compares Indonesia and Nigeria to identify alternative enforcement models. The findings show that although Indonesia has strong legal frameworks, its enforcement relies on adjudication and fines, whereas Nigeria has begun integrating community-based and restorative elements in environmental crime settlement. The comparative analysis highlights the potential for hybridising regulatory enforcement with restorative mechanisms in Indonesia to improve deterrence and environmental recovery. This paper provides a comparative legal perspective on restorative justice in plastic waste management between Indonesia and Nigeria.

J. Grilli

How the coexistence of many species is maintained is a fundamental and unresolved question in ecology. Coexistence is a puzzle because we lack a mechanistic understanding of the variation in species presence and abundance. Whether variation in ecological communities is driven by deterministic or random processes is one of the most controversial issues in ecology. Here, I study the variation of species presence and abundance in microbial communities from a macroecological standpoint. I identify three macroecological laws that quantitatively characterize the fluctuation of species abundance across communities and over time. Using these three laws, one can predict species’ presence and absence, diversity, and commonly studied macroecological patterns. I show that a mathematical model based on environmental stochasticity, the stochastic logistic model, quantitatively predicts the three macroecological laws, as well as non-stationary properties of community dynamics. Microbes interact in different ways than macro-organisms, but their interactions can still form the basis for broader macroecological patterns like the Species Abundance Distribution. Here, the author shows that thre general ecological patterns can be found in microbes, within and across biome types.

Grzegorz Dobrowolski

Lucky Zamzami

This study focuses on the role of fishermen in the development of ecotourism through entrepreneurial activities on Pasia Tiku Beach. The research aims to understand the role and contribution of fishermen in maintaining environment-based tourism. This study uses a qualitative approach with a case study method. Data were obtained through in-depth interviews, participatory observations, and documentation. The research informants consisted of local fishermen, ecotourism managers, and tourists. The results of the study show that fishermen not only play a role as environmental guardians but also as tour guides and local economic actors through entrepreneurial activities carried out. The involvement of fishermen in ecotourism activities has been proven to increase environmental awareness and provide significant economic benefits to the community. The results of this study can contribute to the development of a sustainable ecotourism model involving local communities, especially fishermen as the main actors. In addition, the results of this study can be a reference for the government and other stakeholders in formulating ecotourism development policies and strategies’ or if it will change the face of the case law as it currently stands.

Zdeněk Košnář, Pavel Tlustoš

Abstract The behavior of 7 polychlorinated biphenyls (PCBs) in agricultural Chernozem and Fluvisol soils from the Czech Republic planted with radishes, onions, and carrots was studied. Only the total biomass yield of carrots was significantly reduced (P < 0.05) when compared to the control biomass yield. All tested PCBs, especially congener PCB 28, were able to accumulate in slightly higher amounts in the radish surface than in the onion one. The highest PCB content was observed in the surface layer of carrots, which could be related to the agrochemical properties of soil, vegetation period, and more intensive contact of carrot roots with PCBs in a bulk soil. The translocation factors of PCBs were lower than 1, indicating a poor ability for PCB uptake from soil. The highest relative PCB removal from soil was observed in acidic Fluvisol, accounting for 27.2%, with a maximum of 2% plant contribution to soil PCB dissipation. The low relative removal of PCBs by plants indicates that in vegetable-planted soil, the removal of PCBs could be due to autochthonous soil microorganisms in the rhizosphere of vegetables. The bioaccumulation factors for PCBs derived from the cultivation of examined root vegetables in Chernozem and Fluvisol soils contaminated with PCBs at nearly 1500 µg/kg dry weight can be considered low and negligible.

YUAN Zixin, LIANG Wenxi

At present,the widely used water sampling equipment and procedures pose a risk of operators being infected with viruses,and the sampling efficiency is low in remote offshore points.In view of these problems,a new unmanned aerial vehicle (UAV) system for pollution-isolating sampling has been designed, and the design scheme of a sterile collection and power distribution system has been proposed.The designed sampling system has identified the optimal scheme through comparative testing in experiments and completed sampling tests at the Guanting reservoir and sampling stability experiment.The system works stably and reliably,effectively isolating pollution and improving efficiency.It is applicable for various purposes such as water environment research,environmental law enforcement and evidence collection,water data collection,and emergency pollution tracking.

Saber Babaee Zadvarzi, Ali Akbar Amooey

Abstract In recent years, taking medicine has been increasing around the world due to population growth and the spread of disease. Antibiotics as a kind of these medicines include about 10 to 15% of drug consumption. Studies show that antibiotics, which are not completely removed, have a permanent and destructive effect on the environment. In this study, the chitosan@polyacrylamide@ZIF-8 as an adsorbent was simultaneously used to remove cefixime and amoxicillin from the aqueous solution by adsorption methods. XRD and FTIR patterns were analyzed to investigate the surface crystallinity and the chemical properties of the adsorbent. In the following, SEM and TEM images were used for surface morphology study. Finally, a numerical investigation was done for predicting the adsorption effective parameters. The results show that pH 4, contact time 30 min, initial concentration 50 mg/L, temperature 25 °C and 15 mg of adsorbent in 10 mL of polluted water are optimal conditions at which a removal percentage of up to 90% was achieved. The Langmuir, Freundlich, Temkin, and Dubinin–Radushkevich isotherms were examined by experimental data and Langmuir model presented the best consistency with the experimental results and the maximum calculated adsorption capacity for amoxicillin and cefixime are 910 mg/g and 588 mg/g, respectively. Pseudo-first order, pseudo-second order and intraparticle diffusion were investigated for kinetic studies. The results of the calculations illustrated the pseudo-second order model has been dominant. Overall, this study expresses, chitosan@polyacrylamide coated by ZIF-8 can be used an appropriate, effective, and economical adsorbent for the adsorption of amoxicillin and cefixime. Graphical Abstract

V. Kvanina, E. Kovalenko, G. Vypkhanova

The Concept of Sustainable Development is one of the basic principles of the modern world. An increasing number of fields are coming under regulation governed by this concept. Recent updates to the environmental agenda have resulted in growing demands for increased environmental responsibility on the part of states and businesses. The global nature of environmental problems, their diversity and scale, and, at times, the irreversibility of the consequences of the negative environmental impact of the economy often provide for the consolidation of efforts by the state and business, particularly, through the implementation of public-private partnership (PPP) mechanisms. This article focuses on the pros and cons of legislation in the BRICS countries in the area of PPP practice in general and in environmental protection in particular. The data and PPP practices have been collected from the World Bank, UNCITRAL, and other official national sources related to PPP. An analysis of the legislation on PPPs in the BRICS countries indicates a lack of uniformity in the legal regulation of the relationships arising from this partnership, as well as a lack of specific legislation on PPPs specifically addressing environmental protection. The analysis shows that only those BRICS countries using the common law system (South Africa and India) have the instruments available to allow potential investors to fully assess the PPP model as it currently exists in a particular country. This practice developed as a result of a more flexible approach to the regulation of public relations. Undoubtedly, one of the many advantages of this approach is the ability to adjust the PPP system and model all of the known forms and types of PPPs in accordance with the specific needs of society and the state. The lack of flexibility, for example, of the Russian legislation on PPP regulation, has led to the limited forms or types and objects of PPPs, which is inconsistent with the modern needs of society and the state to achieve the UN Sustainable Development Goals.

Katie Moon, Dru Marsh, Christopher Cvitanovic

Abstract Protecting biodiversity in the face of contemporary conservation challenges requires actions across all land and sea tenures. In seeking improved conservation outcomes across these tenures, we undertook a multidisciplinary review of the property law, conservation and environmental ethics literature. Our review revealed three major threats of property rights to conservation: a focus on tangible goods at the expense of intangible services, a focus on the plot rather than the land or seascape and a focus on rights over responsibilities. Our analysis reveals that overcoming these threats requires a blending of the construct of property with both ecological principles and social values. To this end, we offer a practical, solutions‐focused approach that seeks to determine who has a responsibility, to whom they owe that responsibility and how that responsibility can be ascribed. This approach couples specific property rights with defined responsibilities owed to resource systems to support current and future beneficiaries. A formal recognition of the responsibilities that accompany rights can set the baseline of what society should be able to expect from rights‐holders. From this baseline, policy instruments can be more appropriately applied, supporting landholders in their responsibilities and where necessary, providing compensation for activities that extend beyond their responsibilities.

Esther Salmerón-Manzano

New technologies and so-called communication and information technologies are transforming our society, the way in which we relate to each other, and the way we understand the world. By a wider extension, they are also influencing the world of law. That is why technologies will have a huge impact on society in the coming years and will bring new challenges and legal challenges to the legal sector worldwide. On the other hand, the new communications era also brings many new legal issues such as those derived from e-commerce and payment services, intellectual property, or the problems derived from the use of new technologies by young people. This will undoubtedly affect the development, evolution, and understanding of law. This Special Issue has become this window into the new challenges of law in relation to new technologies.

Marković Aleksandar, Keča Ljilјana

One of the ways to preserve nature and ecosystems from a group of market mechanisms is a mechanism called Payments for Ecosystem Services - PES. In this paper, sectoral laws related to forestry and nature protection are analyzed to determine whether the existing legislation has elements that are similar to PES and support its implementation or are closer to the principle of “command and control”. Three acts were selected for analysis: the Forest law, the Water law, and the Environmental Protection Act. These are the three sectoral acts that are closely related to nature conservation policy, with forest and water systems being the largest suppliers of ecosystem services and the most common subject of PES schemes. The aim of this research is to find those articles of these laws that contain the basic elements of the PES definition, by using certain keywords to search for articles of the acts. Qualitative and quantitative content analysis was used for the analysis. First, keywords were identified to distinguish the articles of acts that are relevant to the research itself, and later the meaning of each article was transformed into one or more terms called “determinants”. In this way, the meaning of the articles was determined and quantified to determine if there was a number of articles that overlapped with the PES principles to some extent. In this research, we found that there are very few articles and parts of the legislation that fully support PES, and ecosystems and ecosystem services are not explicitly linked to valuation and funding. In each of the acts in the chapters related to financing, there are elements of PES and there is some form of financing of activities aimed at preserving and improving the ecosystems and the environment. The closest to the PES is the Water law. The Forest law has certain disadvantages, as funds are collected from sources that have no connection with forest ecosystems, and EPA is based on the “Polluter pays” principle and is farthest from the PES concept.

Li Zhe, Wang Yidan, Tong Shuyuan

The rational planning of urban spatial distribution and development direction could benefit the urban economy, social environment and other aspects, as an essential part of urban planning. Since the Law of EIA promulgated in 2003, the scope of environmental impact assessment has been upgraded to a higher level of overall urban planning whereas the influence is not significant. In 2018, urban and rural planning function was merged into the Ministry of Natural Resources, from leading urban construction to serving the protection of urban natural resources. It is also a new and significant approach to analyse the rationality of urban spatial distribution and development direction from the perspective of environmental impact assessment. The purpose of Jianghua Yao autonomous county is to build an eco-tourism civilized city, which is representative in the selection of cities for environmental impact assessment. On the space structure of functional areas and the development direction to the indicator elements of Yao nationality autonomous county class was divided into 4 categories, 5 layers,15 index factors were selected to construct the environmental impact assessment index system. Using analytic hierarchy process (AHP) to select the indexes weights assignment, then according to the evaluation criterion to evaluate it, we draws the analysis conclusion in the environment aspect. The planned urban spatial distribution and development direction of Jianghua Yao autonomous county from 2014 to 2020 are reasonable, have little negative impact on the environment, and are suitable for the green development of the city.

Lorenzo Squintani, Sjoerd Kalisvaart

(Series Information) European Papers - A Journal on Law and Integration, 2020 5(2), 931-961 | Article | (Table of Contents) I. Introduction. - II. Mapping judicial cooperation: the unchartered waters of follow-up judgments. - II.1. The criteria for assessing judicial cooperation in follow-up judgments. - II.2. Known categories of judicial cooperation and uncooperation. - II.3. Chartering new waters: Italy and Belgium. - III. Italian and Belgian judges as European judges in the context of preliminary references in environmental matters. - III.1. Preliminary references in environmental matters in Italy and Belgium. - III.2. Full cooperation. - III.3. Presumed cooperation. - III.4. Fragmented cooperation. - III.5. Interrupted cooperation. - III.6. Presumed cooperation. - III.7. Suspended cooperation. - IV. Synthesis and comparison. - V. Initiation reflection for a preliminary research agenda. - VI. Conclusions. | (Abstract) Judicial cooperation in environmental matters is a key aspect of the move towards environmental democracy undertaken by the European Union. This Article presents the preliminary findings about the kind of behaviour that national courts can show with their judgments once they received a preliminary ruling from the Court of Justice of the European Union, so-called follow-up judgments. It first shows the results of the latest two empirical studies, namely that Italian and Belgian courts tend to cooperate fully with the Court of Justice in environmental matters. Besides, only one new category of judicial cooperation is highlighted, that of suspended cooperation. The unfolding of the categories of judicial cooperation seems to have reached the saturation point. Accordingly, this Article presents the first quantitative and qualitative findings that emerge when looking at judicial cooperation in follow-up judgments from five jurisdiction: next to Belgium and Italy, also UK, Sweden, and the Netherlands. This comparison suggests that country-by-country, theme-by-theme and case-by-case circumstances influence national courts behaviour, potentially affecting the level of environmental democracy enjoyed in certain Member States. Accordingly, this Article introduces an empirical research agenda to investigate factors and reasons explaining the findings, therefore contributing to the improvement of judicial cooperation in environmental matters.

B. Field

Agustín Hervías Salinas

The need to adaptation the legislation in La Rioja to the State legislation with regards to the environmental aspects has led the drafting of this new law that went into effect on 1 June. This new law repeals the existing environmental regulation except the procedure on the grant of environmental licenses with municipal authorities, making practically a referral in block to the State law for all other procedures, introducing the form of responsible statement.

G. Dionne

Nararuk Boonyanam

Air pollution in the Map Ta Phut Industrial Estate in Thailand, has caused increasing risk of death, injury and health problems for local residents. Existing control measures are ineffective due to weak law enforcement. Although the problem has drawn a lot of attention, the monetary value of the impacts of air pollution in Map Ta Phut is not known. The objective of this paper was to estimate the economic cost of air pollution damage in Map Ta Phut using the Hedonic Pricing Method, with 192 house samples. The results showed that the marginal willingness to pay (MWTP) for a one unit reduction of AQI level was THB 2,815 or around USD 80, or each unit increase in air pollution would result in an estimated loss of THB 2,815 or around USD 80 in house price. The total value of losses to housing from one unit of air pollution in Map Ta Phut which is comprise of 38 communities was THB 119.3 million (about USD 3.4 million). Detection of the loss of value has implications for local residents, housing development investors, factories, and government and environmental institutions to manage air pollution as their top priority as well as to evaluate the efficiency of existing measures and budget to deal with the problem more appropriately.