Showing papers on "Environmental law published in 2011"

The Importance of Regulation-Induced Innovation for Sustainable Development

Abstract: This article explores the complex relationship between environmental regulation, innovation, and sustainable development within the context of an increasingly globalizing economy. The economic development, environment, and employment aspects of sustainable development are emphasized. We contend that the most crucial problem in achieving sustainability is lock-in or path dependency due to (1) the failure to envision, design, and implement policies that achieve co-optimization, or the mutually reinforcing, of social goals, and (2) entrenched economic and political interests that gain from the present system and advancement of its current trends. The article argues that industrial policy, environmental law and policy, and trade initiatives must be ‗opened up' by expanding the practice of multi-purpose policy design, and that these policies must be integrated as well. Sustainable development requires stimulating revolutionary technological innovation through environmental, health, safety, economic, and labor market regulation. Greater support for these changes must also be reinforced by ‗opening up the participatory and political space' to enable new voices to contribute to integrated thinking and solutions.

The New Environmental Governance

Abstract: A bold and profoundly new way of governing environmental problems is palpable around the globe and aims to overcome the limitations of the interventionist state and its market alternative to offer more effective and legitimate solutions to today's most pressing environmental problems. The 'new environmental governance' (NEG) emphasises a host of novel characteristics including participation, collaboration, deliberation, learning and adaptation and 'new' forms of accountability. While these unique features have generated significant praise from legal and governance scholars, there have been very few systematic evaluations of NEG in practice, and it is still unclear whether NEG will in fact 'work', and if so, when and how. This book offers one of the most rigorous research investigations into cutting edge trends in environmental governance to date. Focusing its inquiry around some of the most central, controversial and/or under researched characteristics of NEG, the book offers fresh insights into the conditions under which we can best achieve successful collaboration, effective learning and adaptation, meaningful participatory and deliberative governance and effective forms of accountability. The book synthesizes its findings to identify seven key pillars of 'good' NEG that are central to its success and will provide useful guidance for policymakers and scholars seeking to apply new governance to a wide range of environmental and non-environmental policy contexts. The book also advances our understanding of State governance and will be a valuable reference for scholars, researchers and students working in law and regulation studies - especially in the field of environmental law.

Environmental Protection and Human Rights

Abstract: With unique scholarly analysis and practical discussion, this book provides a comprehensive introduction to the relationship between environmental protection and human rights being formalized into law in many legal systems. This book instructs on environmental techniques and procedures that assist in the protection of human rights. The text provides cogent guidance on a growing international jurisprudence on the promotion and protection of human rights in relation to the environment that has been developed by international and regional human rights bodies and tribunals. It explores a rich body of case law that continues to develop within states on the environmental dimension of the rights to life, to health, and to public participation and access to information. Five compelling contemporary case studies are included that implicate human rights and the environment, ranging from large dam projects to the creation of a new human right to a clean environment.

Embracing Panarchy, Building Resilience and Integrating Adaptive Management Through a Rebirth of the National Environmental Policy Act

Abstract: Environmental law plays a key role in shaping policy for sustainability of social-ecological systems. In particular, the types of legal instruments, institutions, and the response of law to the inherent variability in social-ecological systems are critical. Sustainability likely must occur via the institutions we have in place, combined with alterations in policy and regulation within the context of these institutions. This ecosystem management arrangement can be characterized as a panarchy, with research on sustainability specific to the scale of interest. In this manuscript we examine an opportunity for integrating these concepts through a regulatory rebirth of the National Environmental Policy Act (NEPA). NEPA currently requires federal agencies to take a “hard look” at the environmental consequences of proposed action. The original intent of NEPA, however, was more substantive and its provisions, while currently equilibrium based, may be reconfigured to embrace new understanding of the dynamics of social-ecological systems.

Making environmental law for the market: the emergence, character, and implications of Chile's environmental regime

Abstract: As one of the earliest and deepest cases of neoliberal reform, Chile's political economic model has been the subject of extensive debate. The associated environmental law and policy that emerged in this context has, however, received little attention. The country's environmental policymaking process as well as the character and effects of the environmental regime that emerged are examined. Environmental policymaking has been tightly constrained by institutional and political arrangements that embody neoliberal principles such that legislation only advances when internal demands connect up with global forces. As a result, and despite many regulatory initiatives, the environmental regime expresses a strongly market-enabling quality instead of the market-regulating character commonly ascribed to environmental law and policy.

Renewable energy vs. biodiversity: Policy conflicts and the future of nature conservation

Abstract: The European Union's (EU) network of nature conservation areas – Natura 2000 – covers almost 18% of EU territory, and is subject to strict legal protection, which is enforced by the European Commission, a supranational authority. Given the Natura 2000 network's size, conflicts between Natura 2000 and renewable energy projects are inevitable, particularly as countries push to meet their 2020 energy and emissions reduction targets by pursuing more – and larger – renewable energy projects. Focusing on two cases in the renewable energy sector – a hydroelectric dam in Portugal's Sabor valley, and a large tidal barrage in the UK's Severn estuary – this article shows that the EU's strict biodiversity protection regime could necessitate the rejection of many large renewable energy projects. That is, it may not be possible as a matter of EU law for national authorities to grant permission for such projects. The potential for such difficulties will be shown to be highly visible to policymakers, and could, this article argues, trigger negative impacts in terms of the rule of law, and negative feedbacks on nature conservation policies in the EU and, by way of precedent, globally. The legal issues presented here should not, this article argues, be regarded as insurmountable problems, nor as a trigger for reforms aimed at weakening biodiversity protections. Rather, these issues are better regarded as an opportunity for an open, informed, global debate regarding the relationship between biodiversity and climate change policies, and the hierarchy, if any, between them.

Sustainable Development as a Framework for National Governance

Abstract: At the United Nations Conference on Environment and Development in 1992, the nations of the world committed themselves to an ambitious plan for achieving sustainable development (Agenda 21) and a set of principles to guide that effort (Rio Declaration). This Article addresses the meaning of sustainable development in three ways. First, it synthesizes Agenda 21, the Rio Declaration, and other texts into a conceptual framework for national governance. While these texts address international governance, they focus more on national governance. No such exposition of the sustainable development framework appears in the literature. Second, this Article argues that sustainable development provides a powerful and attractive set of tools for reinvigorating national governance. It would make governance more economically efficient, more socially productive and more environmentally protective. As a framework for governance, sustainable development also provides a response to many current trends that undermine the legitimacy and effectiveness of national governments in general, particularly globalization of the economy and the free market ideology that has become more prevalent since the collapse of the Soviet Union in 1989. Indeed, sustainable development provides an alternative to that ideology. Finally, the Article identifies unresolved issues in the sustainable development framework. These include the comparative responsibilities of developed and developing countries, high consumption of materials and energy by developed countries, the role of international trade, and the substantial commitment most governments already have made to unsustainable economic activities. Much of the framework's value is in the important issues it forces us to confront.

International Environmental Governance: Managing Fragmentation through Institutional Connection

Abstract: The 'fragmentation' of international law is used as a term of description and - more commonly - as a lament. It emphasises the isolation and disconnect between regimes and institutions and has particular resonance within international environmental law; a complex regulatory field comprising multiple regimes and institutions giving rise to overlapping and, occasionally, conflicting legal and policy mandates. This article will focus on the extent to which environmental governance strategies, in particular, the creation of formal cooperative arrangements and other institutional connections between multilateral environmental agreements ('MEAs'), can be deployed, not just to manage the consequences of overlap and outright conflict between regimes, but also to maximise the benefits that arise from a confluence between MEA mandates. This article will argue that these governance strategies represent an important mechanism for managing the consequences of fragmentation and improving the effectiveness of international environmental governance. Nevertheless, closer cooperation and institutional integration among MEAs also raise serious questions relating to the accountability of the regime to its state parties and, more generally, to the legitimacy of that regime. Moreover, the impact of this new form of international environmental governance potentially extends beyond the realm of international environmental law; these governance strategies arguably challenge the fundamentals of the international legal system itself: who we regard as participants within the system, what the sources of international law are and even international law's ultimate basis in consent.

Greening EU Competition Law and Policy

Abstract: Introduction Part I. Should Environmental Goals Play a Role in EU Competition Policy?: 1. Environmental protection in EU competition theory to date 2. The rise of the market in EU environmental policy 3. A legal systematic argument 4. A governance argument 5. An economic argument Part II. The Role of Environmental Protection in EU Competition Policy in Practice: 6. Definition of an undertaking, market definition and effect on inter-state trade 7. Article 101(1) TFEU 8. Article 101(3) TFEU 9. Article 102 TFEU 10. Merger policy 11. State action and Articles 101 and 102 TFEU 12. State aid Part III. Conclusions.

Coal Strip Mining, Mountaintop Removal, and the Distribution of Environmental Violations across the United States, 2002–2008

Abstract: This study draws upon concepts in landscape research and environmental justice to examine the association between community poverty and environmental violations that occurred between 2002 and 2008 across 110 coal strip mining operations located within the United States. Multivariate results suggest that residential poverty is greater around facilities that have been identified as violating an environmental law. In addition, the association between poverty and violations is dependent upon regulatory inspections. While an increase in inspections is associated with an increase in the odds that a violation will be discovered, it is also associated with lower levels of community poverty. We conclude that this pattern of associations between poverty, inspections, and violations is consistent with arguments in the environmental justice and landscape literatures.

Information Disclosure in Environmental Risk Management: Developments in China:

Abstract: Entering the twenty-first century, China has been the site of many serious environmental disasters and accidents. These have strengthened the call for the establishment of an environmental risk management system and for the development of new policies to effectively manage risk. Among the new policies in China's environmental risk management strategy are pollution insurance and information disclosure. This paper explores information disclo- sure policies through the implementation of the Environmental Information Disclosure Decree by governmental authorities and companies. In both 2008 and 2010, we reviewed the websites of the Ministry of Environmental Protec- tion and all 31 provincial Environmental Protection Bureaus, conducted ex- periments in requesting information disclosure, and held interviews with all provincial Environmental Protection Bureaus. We conclude that the imple- mentation of the Environmental Information Disclosure Decree is improving but still far from widespread, full and effective. The lack of enforcement and the ambiguity of some clauses in the decree give provincial environmental agencies great discretion to avoid disclosure and discourages enforcement of company environmental information disclosure. Implementation shortcom- ings of the decree are also related to the longstanding closeness, secrecy and monopoly of information in China's political system.

From the depths: rich pickings of principles of sustainable development and general international law on the ocean floor - the Seabed Disputes Chamber’s 2011 advisory opinion

Abstract: In February 2011, the Seabed Disputes Chamber of the International Tribunal for the Law of the Sea handed down its Advisory Opinion in Responsibilities and Obligations of States Sponsoring Persons and Entities with respect to Activities in the Area. Although primarily focused on governance of the deep seabed beyond national jurisdiction (‘the Area’), the Opinion has wider relevance for both international environmental law and general international law. More specifically, although sustainable development is not directly referenced in the Opinion, this article argues that it goes a long way towards strengthening many of the emerging normative rules associated with it. Using the International Law Association’s 2002 New Delhi Declaration of Principles of International Law relating to Sustainable Development as a framework, this article specifically analyses the Advisory Opinion’s contribution to the sustainable use of natural resources, the precautionary approach, common but differentiated responsibilities, and the principle of good governance.

Environmental Laws and Sustainability: An Introduction

Abstract: This is an introduction to the special issue on environmental laws and sustainability of the on-line peer review journal, Sustainability In this introduction, we attempt to synthesize key lessons from the issue’s ten substantive articles These lessons involve the use of law to achieve integrated decision-making, the use of pre-existing laws to foster sustainability, the centrality of sub-national governments in achieving sustainability, the background law of unsustainable development, the growing importance of climate change, the need to use law to protect and restore ecological integrity, the importance of judicial review and nongovernmental organizations, the need to translate sustainability into specific legal principles, the challenge of creating an appropriate national legal structure for sustainability, the importance of sustainability assessment tools and institutions before and after laws are adopted, and the importance of “soft” law

Green War: An Assessment of the Environmental Law of International Armed Conflict

Abstract: During the First Gulf War of 1990–1991, Iraqi forces engaged in activities, including dumping oil into the Persian Gulf and igniting Kuwaiti oil wells, which drew global attention to the environmental consequences of warfare This chapter identifies and assesses the international legal regime governing the environmental impact of armed conflict It begins with an examination of the historical record of environmental damage during warfare The prescriptive norms—including peacetime, customary and treaty prescriptions—governing such damage are next catalogued and analyzed Concluding that the existing law fails to adequately address environmental consequences that result from hostilities, the author suggests how the international community should respond to its shortcomings

What is a stream

Abstract: Defining a natural feature is traditionally the domain of scientists, geographer/cartographers, and lexicographers. However, law requires exacting definitions to establish everything from land rights to jurisdictional rulings. For environmental law this can have significant ramifications in pollution regulation and mandating clean up, implying court battles when it comes to assigning (or charging for) blame. Doyle and Bernhardt confront this issue for hydrology, presenting a discussion of legal, geomorphological/physical, chemical, and biological definitions of streams and the policy implications.

Managing the Fragmentation of International Environmental Law: Forests at the Intersection of the Climate and Biodiversity Regimes

Abstract: The extensive debate on the fragmentation of international law has only paid cursory attention to its manifestation within the area of international environmental law, even though this field has spawned a great number of international legal instruments. Against that background, this Article assesses strategies to manage the overlap between two legal regimes dealing with the interconnected global environmental threats of biodiversity loss and climate change. Although the climate and biodiversity treaties are not fundamentally in discord, there is potential for conflict between the regimes, particularly following decisions on forest carbon sinks in the Kyoto Protocol, while at the same time there are synergies to be exploited by tackling deforestation. The Article reviews the techniques offered by international law for mitigating conflicts, including conflict avoidance and resolution techniques. This is followed by an appraisal of institutional cooperation between the regimes. The Article shows that the usefulness of legal techniques for resolving conflicts is limited given two characteristics of international environmental law, namely the overlap in objectives, and the role of treaty body decisions. Furthermore, it argues that institutional cooperation has not yet managed to adequately accommodate biodiversity considerations in the climate regime due to different memberships and restricted mandates. Therefore, autonomous action aimed at enhancing synergies between the two regimes seems the most fruitful in the immediate future, although this does not address the regimes’ long-term relationship. The Article concludes that further inquiry into different strategies for managing the fragmentation of international environmental law is warranted.

Environmental Law and Policy Practices in Malaysia: An Empirical Study

Abstract: Malaysia is one of the very environmentally rich countries in the world. At present, her traditions and heritage have been facing with numerous environmental problems such as air pollution, water pollution, exploitation of natural resources etc. Although, there are some historic states in Malaysia listed as a UNESCO Heritage Sites in the country. In order to cope with the environmental problems, the Government of Malaysia has passed some important environmental laws and policies such as the Environment Quality Act 1974 and its Regulations 1989, the Environmental Quality Order 1989, the Protection of Wildlife Act, the National Forestry Act 1984, the Fisheries Act 1985, the National Parks Act 1980, the International Environmental Laws etc. In addition to that, the Civil Law Act 1972, the Principles of the English Laws, the Federal Law, Shariah Laws, the Adat Temenggung (Malay Customary Laws) with some international environmental obligations etc; have also been implemented in order to attain sustainable environment and development in the country. But it regrets that these laws and policies have not been properly implemented due to some problems such as non -coordination, weak enforcement, customary attitudes etc. The study will examine potentialities and constraints of the environmental laws and policies in Malaysia consisting of 25 respondents in different criteria such as the professionals including foreigners, local people, old aged people, law enforcing agency, students etc., based on the primary and secondary sources through structured and unstructured in Melaka City, Malaysia. I. Background: Malaysia is historically one of the environmentally rich and abundant in natural resources and high biodiversity countries in the world consists of renewable and non-renewable resources that may include in every sectors of the country including the mineral resources, forestry, fisheries, agriculture, marine, poultry etc., without which we cannot live. It is one of the fastest growing economies in the ASEAN region. The country provides 41% of world supplies of natural rubber, 39% of hardwoods, 37% of palm oil and 32% of tin. But this rich environment along with natural resource with the heritage and traditions have been facing numerous problems such as climate change, biodiversity degradation, increasing scarcity unwise use of natural resources, hazardous waste management, growing rate of urbanization, weak enforcement and short term policy, instable and defective foreign policy, weak environmental governance, lack of technicalities, lack of environmental

From Dispute to Decision: Suing Polluters in China

Abstract: This article traces a civil environmental lawsuit from dispute to decision to explore how environmental law works, as well as how lawyers and litigants try to work the law. Detailing ground-level encounters with a legal system promoted and carefully watched by political elites offers a fresh perspective on the ways the past 30 years of legal reforms have affected the experience of China’s court users. Amid accounts of financial stress, lawyer–client tensions and the hunt for elite allies, what emerges is a story of variation. Although plaintiffs and lawyers agree that environmental cases are hard and wringing concessions out of polluters requires remarkable persistence, the process sometimes creaks forward so that appraisals are conducted on time, help is solicited and compensation won. How Chinese courts work (and how well they work) depends on local circumstances, an insight that suggests that disaggregating expansive concepts like rule of law is a helpful way to explore complexity instead of glossing over it.

Research Handbook on International Environmental Law

Abstract: This wide-ranging and comprehensive Handbook examines recent developments in international environmental law (IEL) and the crossover effects of this expansion on other areas of international law, such as trade law and the law of the sea. The expert contributors offer analyses of foundational issues in IEL, such as responsibility for environmental damage, sustainable development and the precautionary principle, alongside studies in topical subject areas including marine protection and the law of international watercourses. This Research Handbook offers an in-depth analysis of IEL, both as a field of law in its own right, and as part of the wider system of international law. It gives a comprehensive view of IEL in all its forms and complexity. With thorough examination of specific environmental regimes and compliance mechanisms, this handbook will be an indispensable resource for legal scholars, students and practitioners alike.

Environmental Law in Malaysia

Abstract: Malaysia | ELAW Environmental Law Alliance Worldwide Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to legislation and practice concerning the environment in Malaysia. A general introduction covers geographic considerations, political, social and cultural aspects of environmental study, the sources and principles of environmental law, environmental legislation,

From Dispute to Decision: Suing Polluters in China*

Abstract: This article traces a civil environmental lawsuit from dispute to decision to explore how environmental law works, as well as how lawyers and litigants try to work the law. Detailing ground-level encounters with a legal system promoted and carefully watched by political elites offers a fresh perspective on the ways the past 30 years of legal reforms have affected the experience of China's court users. Amid accounts of financial stress, lawyer–client tensions and the hunt for elite allies, what emerges is a story of variation. Although plaintiffs and lawyers agree that environmental cases are hard and wringing concessions out of polluters requires remarkable persistence, the process sometimes creaks forward so that appraisals are conducted on time, help is solicited and compensation won. How Chinese courts work (and how well they work) depends on local circumstances, an insight that suggests that disaggregating expansive concepts like rule of law is a helpful way to explore complexity instead of glossing over it.

Environmental Laws and Sustainability: An Introduction

Abstract: In this introduction to the special issue of Sustainability on environmental laws and sustainability, we attempt to synthesize key lessons from the issue"s ten substantive articles. These lessons involve the use of law to achieve integrated decision-making, the use of pre-existing laws to foster sustainability, the centrality of sub-national governments in achieving sustainability, the background law of unsustainable development, the growing importance of climate change, the need to use law to protect and restore ecological integrity, the importance of judicial review and nongovernmental organizations, the need to translate sustainability into specific legal principles, the challenge of creating an appropriate national legal structure for sustainability, the importance of sustainability assessment tools and institutions before and after laws are adopted, and the importance of "soft" law.

Environmental Management in Organizations: The IEMA Handbook

Abstract: Introduction Part 1: The Environmental Context 1.1 The Earth's Natural Systems 1.2 State of the Global Environment 1.3 Sustainability and Sustainable Development 1.4 Valuing Ecosystems and their Services 1.5 Overview of the Law and International Legislation 1.6 European Union Policy and Legislation 1.7 The UK Legislative Context Part 2: Environmental Themes 2.1 Biodiversity and Conservation 2.2 Chemicals 2.3 Climate Change 2.4 Energy 2.5 Food and Agriculture 2.6 Pollution Prevention and Control 2.7 Transport and Greenhouse Gases Part 3: Managing Environmental Performance 3.1 The Response of Organizations 3.2 Environmental Management Systems 3.3 Sustainable Procurement 3.4 Environmental Product Development 3.5 Waste Management and Producer Responsibility 3.6 Contaminated Land 3.7 Engaging with People in Your Organization Part 4: Measuring and Communicating Environmental Performance 4.1 Emissions and Contamination Standards 4.2 Measurement and Monitoring 4.3 Auditing 4.4 Environmental Performance Indicators 4.5 Reporting and Accounting 4.6 Engaging with Stakeholders Part 5: Evaluation Tools 5.1 Environmental Impact Assessment 5.2 Strategic Environmental Assessment 5.3 Environmental Risk Governance 5.4 Life Cycle Assessment Part 6: The Challenges Ahead for the Environmental Profession 6.1 The Sustainability Challenge 6.2 Getting Beyond Integrated Thinking and Governance 6.3 The Future of the Environmental Profession

The sound of a breaking string: critical environmental law and ontological vulnerability

Abstract: This is a thought-provoking contribution on the space of ontological vulnerability as the awareness of being existentially exposed. This space, conceptualised as a space of ‘the middle’ (as opposed, emphatically, to ‘the centre’) offers an opportunity to think away from the sterile debate on eco/anthropocentricity and from such limiting hierarchies as animal/human, human/environmental, natural/artificial. This new, vulnerable position of the middle allows the reconfiguration of ecological processes, and more specifically the position of environmental law in relation to them. Environmental law now finds itself amidst a new, moving, ‘open ecology’ of social, biological and ecological processes. This is a new, radical conceptualisation of what the author has called ‘critical environmental law,’ based upon an epistemology of observation and an ontology of being part of this open ecology. Environmental law, in this light, is simultaneously reformulated as an invitation to disciplinary and ontological openness and yet a call to remain immanent within existing legal structures. This finds expression in four critical environmental positions that set the stage for the further elaboration of a critical environmental law.

Eu Environmental Law

Abstract: Objectives, principles and conditions Actors, instruments, decision-making procedures Community power and Member State powers Horizontal measures Biodiversity and nature conservation Products Water protection Air pollution Climate change and ozone depletion Waste Legal aspects of integrating environmental requirements Implementation EC environmental law and policy.