Hasil untuk "Environmental law"

E. Louka

Much of the writing in contemporary international environmental law is passionately and uncritically advocative. Although Dr. Louka's book is plainly animated by a deep concern for the preservation of the environment of the planet and the realization that in the context of a global civilization of science and technology, it can be protected only by effective international efforts, the stance adopted is not uncritical and Dr. Louka never surrenders the scholarly role...Dr. Louka's book will be important for the practitioner in the vineyard of international environmental law no less than for the political leaders who are charged with its development. Dr. Louka has produced a remarkable book that will be of great value to the profession.

In the preceding chapter, we left open the question of the principles and concepts that underlie international environmental law and define its contours. This chapter can therefore be seen as the continuation of Chapter 2, as it further develops the characterisation of international environmental law outlined there. In addition, the analysis of the principles and concepts of international environmental law is an important step in the study of its substantive aspects, which will be discussed in the second part of this book. To understand the importance of the principles and concepts of international environmental law, as well as the difference between these two categories, it is helpful to first introduce some analytical distinctions (3.2). These distinctions will allow us to present the fundamental principles and concepts that conform the structure of international environmental law in the light of the two main values advanced by this body of law, namely prevention (3.3) and balance (3.4). The last section will link these principles and concepts to the environmental regimes examined in the second part of this book (3.5).

Ali Mashhadi

Wild animals need special attention because of their significance from the environmental,ecological, genetic, scientific, recreational, cultural, educational, social and economic points ofview. There are numerous international instruments and documents in the field of internationalwildlife law (IWL). Among them, there are three well-known instruments namely the Ramsar,Bonn, and CITES Conventions. In the present piece, these Conventions are studied comparativelyin order to find out their approaches toward the protection of wildlife. In doing so, the author,first and foremost, provides a brief overview of these Conventions. Thereafter, their approachestoward wildlife protection would be analyzed. The methodological approach of this researchincludes analysis of wildlife protection through descriptive and normative explanation of theRamsar, Bonn, and CITES Conventions. According to the findings of this study, reasonable andwise use of wetlands (the approach of the Ramsar Convention), special attention to migratorybirds (the approach of the Bonn Convention), and the regulation of international wildlifetrade (the approach of CITES) are three main and prevalent approaches in these instruments.Furthermore, it appears that CITES has played a more important and effective role in IWL andprotection of wildlife. It is due to the fact that this Convention has more operative tools and itsState Parties have undertaken more extensive and practical obligations.

Irzani Andi Abdulrahman, Satria Akbar Bachtiar

This study aims to evaluate the implementation of legal protection for coral reef ecosystems in Sawu Sea National Park, Kupang Regency, East Nusa Tenggara. The research employs an empirical legal approach using a descriptive qualitative method with a case study design, focusing on how conservation laws and policies are implemented and function in practice. Data were collected through in-depth interviews with area management authorities, law enforcement officials, local government representatives, civil society organizations, and coastal communities, complemented by field observations and analysis of relevant legal and policy documents. The findings indicate that although regulatory frameworks and conservation policies are formally in place, their implementation remains ineffective. Limited supervision capacity, reflected in the insufficient number of officers, inadequate patrol facilities, and suboptimal use of marine monitoring technology, constitutes a major obstacle. Complex geographical conditions and weak inter-agency coordination further undermine law enforcement, resulting in sanctions that fail to produce a deterrent effect. Community participation in conservation efforts is also relatively low due to high dependence on marine resources, limited awareness of the impacts of overexploitation, unequal distribution of tourism benefits, and inadequate environmental education and legal outreach. Additionally, external factors such as climate change, including coral bleaching and extreme weather events, exacerbate reef degradation. This study recommends strengthening surveillance infrastructure and monitoring technology, enhancing the capacity and coordination of law enforcement institutions, promoting participatory and community-based conservation approaches, and integrating climate change adaptation strategies into coral reef protection policies to ensure ecological sustainability and more equitable socio-economic benefits for coastal communities.

Mingwei Su, Yunbo Zheng

Abstract The purpose of this paper is to understand the spatial and temporal evolution of the level of rule of law government construction in China and the mechanism of influence, in an attempt to expand the research direction of legal geography, and to provide empirical cases for how developing countries can promote the rule of law construction under unbalanced geographic, economic and institutional conditions. The study investigates the spatiotemporal variations and influencing factors of law-based government construction levels in each of China’s 31 provincial administrative regions from 2015 to 2022, employing the Moran index and geographic detectors. The results show: (1) The construction level of law-based government in each provincial administrative region has exhibited a clear upward trend, shifting from predominantly “low” and “medium-low” levels to predominantly “medium-high” and “high” levels. (2) The construction level of law-based government and its development type exhibit clear spatial aggregation in each region. The spatial distribution of the four categorized types shows continuity and obvious characteristics of agglomeration. (3) The construction of a law-based government is influenced by economic, social, environmental, and political factors. The basic economic system, level of economic development, and resources per capita available to the administration have the greatest impact. The interaction between these factors significantly enhances their influence on the level of law-based government construction. The improvement of the level of rule of law government construction not only depends on the economic foundation and institutional resources, but is also affected by multiple factors such as urbanization development, demographic structure, public service provision, and institutional innovation path.

Yang Cai, Yunli Hao, Yongfang Qi

The niche situation can reflect the advantages and disadvantages of biological individuals in the ecosystem environment as well as the overall operational status of the ecosystem. However, higher-order niche systems generally exhibit complex nonlinearities and parameter uncertainties, making it difficult for traditional Type-1 fuzzy control to accurately handle their inherent fuzziness and environmental disturbances in complex environments. To address this, this paper introduces the backstepping control method based on Type-2 T-S fuzzy control, incorporating the niche situation function as the consequent of the T-S backstepping fuzzy control. The stability analysis of the system is completed by constructing a Lyapunov function, and the adaptive law for the parameters of the niche situation function is derived. This design reflects the tendency of biological individuals to always develop in a direction beneficial to themselves, highlighting the bio-inspired intelligent characteristics of the proposed method. The results of case simulations show that the Type-2 backstepping T-S fuzzy control has significantly superior comprehensive performance in dealing with the complexity and uncertainty of high-order niche situation systems compared with the traditional Type-1 control and Type-2 T-S adaptive fuzzy control. These results not only verify the adaptive and self-development capabilities of biological individuals, as well as their efficiency in environmental utilization, but also endow this control method with a solid practical foundation.

Xiting Wu, Le Luo, Jiaxing You

Fredua Agyemang

Sustainable Development Goal 11 (SDG 11) focuses on making cities and human settlements inclusive, safe, resilient, and sustainable. Although the goal primarily addresses urban development, its principles also extend to rural areas, but the extent to which South Africa’s legal and policy frameworks empower traditional authorities to contribute to the development of their communities, particularly towards achieving SDG11, remains insufficiently explored. This study investigates how South Africa’s national legislative frameworks on traditional leadership have been applied to support the advancement of SDG 11. It examines the legal provisions within the 1996 Constitution of the Republic of South Africa, and relevant legislation to determine whether these frameworks provide a strong legal basis for promoting SDG 11 through the empowerment of traditional leadership. This study employs a desktop research methodology involving a comprehensive review of relevant laws, policies, and case law. Secondary data were gathered from case studies, journal articles, books, case laws, and credible internet sources. The findings suggest that the traditional authority system is deeply embedded within the South African Constitution, as well as legislative and policy frameworks, and has been effectively leveraged to advance SDG 11. Key insights emphasise the constitutional and legal recognition of traditional authorities and highlight the enforcement of traditional leadership roles and functions through various legal cases, and SDG 11-aligned programmes in South Africa. The areas where the role and functions of traditional leadership intersect with SDG 11 and rural development include security and safety, community participation, land management and sustainable settlements, cultural heritage and community identity, disaster management, and environmental stewardship. The empowerment of traditional leadership in South Africa has significant implications for achieving SDG 11 and rural development. These implications include enhanced local governance and service delivery, increased accountability and transparency, balanced rural-urban linkages, promotion of environmental stewardship, and the fostering of inclusive development. It also strengthens rural resilience, preserves cultural heritage, promotes sustainable resource management, and improves community engagement. However, challenges related to power dynamics, equity, and the need for policy integration and cohesion must be addressed to ensure that traditional leadership empowerment contributes effectively to sustainable development in South Africa.

Phillip J. Haubrock, Ismael Soto, Irmak Kurtul et al.

Abstract Background Long-term biomonitoring of macroinvertebrates is a popular and valuable approach for assessing the status of freshwater ecosystems, identifying the impact of stressors, and evaluating ecosystem health. Although macroinvertebrate-based biomonitoring can be effective in detecting changes in distribution patterns and community trends over time, crayfish often remain undetected or unreported by biomonitoring efforts despite their importance in maintaining the functioning of aquatic ecosystems. Results By analyzing a comprehensive database of long-term macroinvertebrate time series, we found that most sampling methods and assessment schemes can detect both native and non-native crayfish in running waters if sites are continuously sampled. However, native crayfish were detected to a lesser extent and by fewer methods. Kick-net sampling and assessment techniques prevailed as the most efficient methods for capturing crayfish. However, the substantial number of time series lacking crayfish data calls into question whether these methods are sufficiently comprehensive to encapsulate crayfish populations accurately. The use of other targeted methods such as baited traps or hand catching may provide a more reliable estimate of their presence. Conclusions Given the detrimental impacts of non-native crayfish and the decline in native crayfish populations, we strongly recommend that stakeholders and managers incorporate a combination of these approaches into their monitoring efforts. The use of different taxonomic levels (family vs. genus vs. species level) in estimating biological indices and biomonitoring tools can cause delays in identifying new non-native specie’s occurrences, hindering effective water quality assessment and ecosystem management by governments and stakeholders. Therefore, whenever possible, we call for standardized taxonomic levels for biomonitoring studies and management strategies to accurately address these issues and make recommendations going forward.

L. Rajamani, Louise Jeffery, N. Höhne et al.

ABSTRACT This article tests fairness justifications offered in 168 nationally determined contributions (NDCs) to the 2015 Paris Agreement against the touchstone of principles of international environmental law. It finds that while many NDCs refer to elements and indicators that are backed by principles of international law in determining fair shares (sustainable development, special circumstances, common but differentiated responsibilities and equity), some NDCs justify their contributions on the basis of indicators not backed by such principles (indicators including small share of global emissions (for states that are not LDCs and SIDSs), least cost pathways, and emissions per GDP). These insights are used to select a sub-set of approaches to the quantification of national fair share emissions targets among approaches previously surveyed in the literature. This leads to the exclusion of approaches based on cost and grandfathering. Next, the principles of harm prevention and precaution, and the normative pillars of the climate change regime, including its objective, ‘progression’, and ‘highest possible ambition,’ and the norms relating to human rights, are engaged to argue for further narrowing the range of national fair shares such that the sum of individual contributions is collectively compatible with the Paris Agreement’s long-term temperature goal. This leads to the finding that developed states have a Paris temperature goal compatible emission level in 2030 that is net-negative. Of the G20 states, only India and Indonesia can temporarily increase their emissions relative to 2010, only India relative to today. Around half the G20 states have increased emissions over the 2010s, and those decreasing emissions have done so too slowly. Key policy insights States’ fairness justifications for their contributions to the Paris Agreement should be scrutinized for compatibility with widely-accepted principles of international environmental law as well as the normative pillars of the climate change regime. Fair share ranges consistent with international environmental law principles offer a benchmark for existing and new nationally determined contributions under the Paris Agreement, for peer-to-peer comparisons, and to feed into the global stocktakes. Such fair share ranges can inform climate litigation in which the adequacy of national contributions, and thus a state’s fair share, is at issue.

Jun Fang

D. Grinlinton

This article examines the legal and policy intersection of property rights and environmental law. Property rights are closely connected to and often in tension with many elements of environmental law and policy. Appropriate controls on the use of property rights and natural resources, and effectively managing the environmental consequences of such use, are critical in addressing the environmental challenges of our time. This paper first reviews the importance of property rights in the context of our legal, social, economic and political systems. It then examines the active use of property rights and mechanisms to address environmental challenges, including the creative and innovative use and development of new forms of property rights that have emerged in recent times. This is followed by a discussion of recent developments in restricting the use of property rights in land use and natural resource development to address environmental issues. The paper concludes with some ideas for future development of the law, and emerging new directions for future research. Throughout the paper, New Zealand will be used as a case study to reflect on the relationship between property rights and environmental protection.

Mingxiang Chen, Sidra Sohail, M. Majeed

Environmental stringency policy shocks and environmental tax have become fundamental policy tools for mitigating the degradation of the environment. The study explores the effects of environmental tax and environmental stringency policy shocks in the reduction of pollution emissions in China for the time 1993 to 2019. This study is a pioneer in assessing the simultaneous impact of these two policy instruments on pollution emissions in China. For empirical investigation, the study employed NARDL estimation techniques. The NARDL results show that positive shocks in environmental tax reduce N2O emissions by 0.03%, PM2.5 emissions by 0.13%, CO 2 emissions by 0.18%, and GHGs emissions by 0.01%, however, negative shocks in environmental tax increase N 2 O emissions by 0.01%, PM2.5 emissions by 0.07%, CO 2 emissions by 0.28%, GHGs emissions by 0.17% in the long run. The long-run results also show that positive shocks in environmental policy stringency reduced CO 2 emissions by 0.94%, GHGs emissions by 0.77%, while negative shocks in environmental policy stringency increased N 2 O emissions by 0.17%, PM2.5 emissions by 0.50%, CO 2 emissions by 0.63%. The findings suggest vigorous policy implications.

L. Kotzé, S. Adelman

In this article we argue that sustainable development is not a socio-ecologically friendly principle. The principle, which is deeply embedded in environmental law, policymaking and governance, drives environmentally destructive neoliberal economic growth that exploits and degrades the vulnerable living order. Despite seemingly well-meaning intentions behind the emergence of sustainable development, it almost invariably facilitates exploitative economic development activities that exacerbate systemic inequalities and injustices without noticeably protecting all life forms in the Anthropocene. We conclude the article by examining an attempt to construct alternatives to sustainable development through the indigenous onto-epistemology of buen vivir . While no panacea, buen vivir is a worldview that offers the potential to critically rethink how environmental law could re-orientate away from its ‘centered’, gendered and anthropocentric, neoliberal sustainable development ontology, to a radically different ontology that embraces ecologically sustainable ways of seeing, being, knowing and caring.

Andreas Kokkvoll Tveit, Jon Hovi, Øyvind Stiansen

Enforcement and management scholars alike expect that countries participating in an international agreement will more likely achieve predetermined targets than nonparticipating countries will. The management school ascribes this expected association to a constraining effect of the treaty; the enforcement school ascribes it to a screening effect. If the latter conjecture is correct, the association between participation and target achievement should significantly weaken (or even vanish) when controlling for targets' ambition level and other confounding factors. We test this hypothesis on a new dataset comprising three protocols under the Convention on Long-Range Transboundary Air Pollution (CLRTAP). Our results suggest that the positive association between participation and target achievement is robust to controlling for confounding factors; hence, our data suggests that these CLRTAP protocols have indeed constrained participating states.

Ummi A'zizah Zahroh, F. U. Najicha

Environmental issues have been increasingly recognized as significant challenges facing Indonesia, as a developing country with a rapidly growing population and a rapidly expanding economy. In recent years, environmental degradation and natural resource depletion have become more acute, resulting in increased pressure on the government to take stronger action to protect the environment. Despite the existence of environmental laws in Indonesia, environmental degradation continues to occur, highlighting the need for better enforcement and stronger legal protections. One of the major environmental problems in Indonesia is deforestation, which is driven by the expansion of agricultural land, mining activities, and logging. This has resulted in significant habitat loss and biodiversity decline, as well as increased greenhouse gas emissions from the loss of forest cover. Additionally, Indonesia’s coastline and marine ecosystems are threatened by pollution from industrial activities and plastic waste, which has adverse effects on marine life and human health. Environmental laws in Indonesia include a range of regulatory measures, such as the Environmental Impact Assessment (EIA) and Forest Law Enforcement, Governance and Trade (FLEGT) programs. However, the implementation of these laws is often inadequate, with weak enforcement and a lack of effective penalties for non-compliance. Moreover, corruption and lack of political will have been identified as key factors that hinder the effective implementation of environmental laws in Indonesia.

T. Edition, Philippe Sands, Jacqueline Peel et al.

The third edition of this classic textbook offers comprehensive and critical commentary on international environmental law. It fully covers the key topics of the course and is clearly structured to include the history and framework in which international environmental law exists, key areas of regulation and implementation, links to other areas of law and future developments. It has been updated to incorporate all the latest developments in treaty and case law. Extensive feedback on previous editions results in a re-structuring of material, including a new part focused on linkage to other areas of international law including human rights, international trade and foreign investment. There is also a new chapter on future developments charting the directions in which the subject is moving. Specialist authors writing on oceans, seas and fisheries and biodiversity add to the expertise of the two principal authors for an authoritative overview of the subject.

Beatrice Garske, Jessica Stubenrauch, F. Ekardt

Q. Sholihah, W. Kuncoro, S. Wahyuni et al.

The environment is a combination of two things: resources and hazards. One of the hazards that is a result of environmental changes is the occurrence of natural disasters. Floods are one of the disasters that is feared by people in society. Negative impact of floods is the affected quality of raw water in the flooded area. Polluted water will certainly have a negative impact on the health of the human body. From the explanation above, this article analyzes changes in water quality that occur in flood-affected areas. The utilized method is the empirical legal method, by describing the state of the research subject based on existing conditions and in relation to existing legal regulations. The results obtained from this study showed that irresponsible individuals had committed many violations by building factories on the riverbanks. This causes the river water to overflow and damage buildings, dikes, settlements, and so on. The advice that can be given is to give strict sanctions to people who intentionally or unintentionally violate legal regulations, as well as to build cooperation between society and the government to conserve nature and foster self-awareness to preserve the environment.

Xuehui Zhang, Jianhua Tan, Kam C. Chan

Abstract Leveraging from the recent reform in the China’s new environmental inspector program (NEIP) as a natural experiment, we document that firms located in NEIP cities having lower future stock price crash risk than those located in non-NEIP cities. The findings are consistent with the notion that firms disclose more negative news when subject to enhanced environmental monitoring leading to a lower future stock price crash risk. Hence, environmental law enforcement has a deterrent effect on firms and making them more transparent. Overall, besides the impact on environment, environment law enforcement brings unintended positive effects on firm-level governance.