Showing papers on "Environmental law published in 2021"

Pollution control of wastewater from the coal chemical industry in China: Environmental management policy and technical standards

Abstract: The current situation of China's coal chemical industry faces many problems: 1) This industry causes environmental pollution; 2) employs inadequate environmental management system, wastewater pollution control standards, and energy consumption standards; 3) lacks environmental standards applicable to the coal chemical industry; 4) suffers from poor implementation of technical standards for coal use; 5) and lacks top-level design of a high salinity wastewater standard. A modern coal chemical industry demonstration area should be established to promote industrial agglomeration and development. Therefore, several suggestions are put forward to promote the modernization of the coal chemical industry: 1) The responsibilities, supervision tasks, scope, and implementation rules of local environmental law enforcement and supervision agencies should be improved and clarified at all levels; consequently, law enforcement and supervision work would be backed up by relevant laws. 2) To decrease the treatment cost of highly saline wastewater, a corresponding subsidy scheme should be formulated. 3) Research on the top-level design of the standard system for saline wastewater should be accelerated to standardize the treatment of saline wastewater. 4) Coal chemical enterprises should integrate environmental management into their daily production management system, constantly improve their management level, and reduce pollution generation and emission. 5) Furthermore, it is necessary to consider the recycling of wastes and both the separation and recovery of valuable resources as part of the treatment of wastewater from the coal chemical industry. 6) Moreover, economic policies can be used because economic leverage may be more effective than administrative orders or even regulations. 7) Finally, cooperation should be increased to promote the “green development, circular development, and low-carbon development” of the modern coal chemical industry.

Digitalization and AI in European Agriculture: A Strategy for Achieving Climate and Biodiversity Targets?

Abstract: This article analyzes the environmental opportunities and limitations of digitalization in the agricultural sector by applying qualitative governance analysis. Agriculture is recognized as a key application area for digital technologies, including artificial intelligence. This is not least because it faces major sustainability challenges, especially with regard to meeting the climate and biodiversity targets set out in the Paris Agreement and the Convention on Biological Diversity, as well as the water-related objectives of EU environmental legislation. Based on an overview of the possible applications of digital technologies in agriculture, the article offers a status quo analysis of legal acts with relevance to digitalization in the EU agricultural sector. It is found that a reliable legal framework with regard to product liability and product safety, as well as data privacy, data access, and data security is important in this context. In addition, the European Common Agricultural Policy, as the most important funding instrument for digital innovations in the agricultural sector, should be designed in such a way that it links digitalization-related objectives more closely with sustainability targets. So far, the existing EU governance does not fully exploit the potentials of digitalization for environmental protection, and sight is lost of possible negative side effects such as rebound and shifting effects. Therefore, the article also offers proposals for the optimization of EU governance.

Demolition and construction recycling unified management: the DECORUM platform for improvement of resource efficiency in the construction sector.

Abstract: The construction and public work sectors are faced with a series of challenges that will need to be addressed in moving towards an effective circular economy model. The aim of this work was to develop a simple but holistic approach to the management of construction projects in order to ensure compliance with technical standards and environmental criteria right from the set-up phase and to foster an increased use of recycled materials and saving of natural resources. To achieve this goal, a multi-user platform was designed and developed to manage and control all stages and procedures of public work and provide support to all those involved throughout the various stages of implementation. The platform included (1) technical standards; (2) environmental law; (3) databases; (4) technical specifications for public tenders; (5) a tool to assess environmental impacts and circularity; (6) a marketplace to facilitate and transparently manage trading of natural, artificial, and recycled aggregates; (7) interactive catalogues with declarations of building products; and (8) interactive maps for the geolocation of treatment plants, producers, and construction sites. The platform, currently undergoing validation by public administrations, will represent a valuable tool for use in enabling public work contractors to reduce environmental impacts, promote an informed and transparent use of recycled products, and to encourage a more sustainable use of natural resources. The platform will facilitate the application of green public procurement (GPP) which, although mandatory in several countries (e.g., in Italy), continues to encounter a series of problems in implementation. The platform will also enhance compliance with technical standards and minimum environmental criteria (MEC), as recently defined for buildings and road construction and maintenance, thus expanding the market for artificial and recycled aggregates with certified products and guaranteed quality.

Environmental Policy in the EU: Actors, Institutions and Processes

Abstract: The European Union (EU) has a hugely important effect on the way in which environmental policies are framed, designed and implemented in many parts of the world, but especially Europe. The new edition of this leading textbook provides a state-of-the-art analysis of the EU's environmental policies. Comprising five parts, Environmental Policy in the EU covers the rapidly changing context in which EU environmental policies are made, the key actors who interact to co-produce them and the most salient dynamics of policy making, ranging from agenda setting and decision making, through to implementation and evaluation. Written by leading international experts, individual chapters examine how the EU is responding to a multitude of different challenges, including biodiversity loss, climate change, energy insecurity, and water and air pollution. They tease out the different ways in which the EU's policies on these topics co-evolve with national and international environmental policies. In this systematically updated fourth edition, a wider array of learning features are employed to ensure that readers fully understand how EU environmental policies have developed over the last 50 years and how they are currently adapting to the rapidly evolving challenges of the twenty-first century, including the COVID-19 pandemic. It is an essential resource for undergraduate and postgraduate students studying environmental policy and politics, climate change, environmental law and EU politics more broadly. © 2021 selection and editorial matter, Andrew Jordan and Viviane Gravey. All rights reserved.

Covid-19 Crisis and Environmental Law: Opportunities and Challenges

Abstract: With the outbreak of Covid-19 globally, many measures were taken to reduce this epidemic’s effects. The most important of these was the advice to stay home, which became the main line of witness slogans. With this recommendation, schools, offices, and factories were closed. The Covid-19 epidemic has had a profound effect on people’s lifestyles and is likely to have other consequences. The article’s main question is: What opportunities and challenges do the Covid epidemic pose to the environment, and how does it affect environmental rights? Quarantine policies have led to reduced production and transportation and a significant reduction in the pollution caused by these behaviors. Other effects may become apparent immediately. Covid-19 may increase survival damage in the future against contamination. Other developments may occur, including rethinking environmental and economic values and rethinking how resources are allocated and consumed, as Covid-19 affects the global, national, and local economies. Considering each of these consequences and their effects can help to develop environmental law and formulate effective strategies.

Legal Aspects of Environment in Indonesia: an Efforts to Prevent Environmental Damage and Pollution

Abstract: Pollution and destruction of the environment are some of the severe threats to the conservation of the environment in Indonesia. The disturbed environmental balance needs to be restored as the giver of life and welfare benefits society by improving environmental protection, community development, and optimization of environmental law enforcement. It aims to maintain the existence of nature and aimed at solving environmental problems in Indonesia, primarily the caused by human activity. this case could be through civil, administrative, or criminal law so that it can cope with and take action against perpetrators of pollution, and the destruction of the environment and create a good environment, healthy, beautiful and comfortable for all people. Keywords : Environmental Law ; Environmental Damage ; Indonesia.

The Climate Change Dimension of Business and Human Rights: The Gradual Consolidation of a Concept of ‘Climate Due Diligence’

Abstract: This article makes the case for a ‘holistic’ approach to human rights due diligence, arguing that such a standard must be interpreted in the light of mutually reinforcing principles of environmental law, climate law and human rights law. Through a review of emerging climate change-related litigation, it shows how a concept of ‘climate due diligence’ is gradually consolidating. Building on the United Nations Guiding Principles on Business and Human Rights, the article explores climate due diligence both as a standard of conduct and as a business process, presenting its main features. It argues that corporations should integrate climate due diligence into their processes and policies to be best prepared for likely regulatory and judicial developments, such as the upcoming European Union’s regulation on human rights and environmental due diligence.

Study on the effect of public participation on air pollution control based on China's Provincial level data

Abstract: Air pollution treatment has become the priority in environmental management for Chinese government. However, environmental problems are closely related to people’s interests, it is far from enough to rely solely on the government. Public participation is a significant factor for environment protection; only under the common promotion of the whole society can we do a good job in environmental governance. Thus, this research analyses whether public participation can affect the emission behavior of enterprises by analyzing province panel data of China. The results show that direct and indirect public participation both have a significant positive impact on the control of industrial air pollution by strengthening the supervision of environmental law enforcement. Besides, we also find that indirect public participation can influence the formulation of environmental policies. The research helps to understand the current situation of public participation in developing countries. Results suggest the importance of public participation in environment governance, but the level of public participation in China is still in its infancy and needs to be further improved.

Framing Feminization of Agriculture: From Gender-environment Theories to International Environmental Law

Abstract: Since 70s the debate about women and environment has registered a considerable change in the perception of the role played by women and different conceptual and methodological approaches developed to deal with the women ­– gender – environment interrelationship and to compare the feminist standpoint with the androcentric culture that makes male ( andros ) at the center of the economic, socio-cultural and political life. This paper, which focuses on the feminization of agriculture phenomenon, i.e. women’s increasing work and responsibilities in agriculture, explores its meaning in terms of women’s empowerment and examines the contribution of feminist strands of thought (such as ecofeminism – women and environment – gender, environment and sustainable development ) in fostering the gender paradigm in environmental concerns, plans for agricultural and rural development. The author aims at verifying whether the international environmental law system has integrated the ability of feminist perspectives to position women’s rights and conditions at the core of environmental issues by (en)-gendering some changes and criticizing the power and distribution of resources that have consistently been associated with masculinity.

The Impact of Sustainability Awareness and Moral Values on Environmental Laws

Abstract: We argue that environmental legislation and regulation of more developed countries reflects significantly their moral values, but in less developed countries it differs significantly from their moral values. We examined this topic by using the keywords “sustainability” and “sustainable development”, studying web pages and articles published between 1974 to 2018 in Web of Science, Scopus and Google. Australia, Zimbabwe, and Uganda were ranked as the top three countries in the number of Google searches for sustainability. The top five cities that appeared in sustainability searches through Google are all from Africa. In terms of academic publications, China, India, and Brazil record among the largest numbers of sustainability and sustainable development articles in Scopus. Six out of the ten top productive institutions publishing sustainable development articles indexed in Scopus were located in developing countries, indicating that developing countries are well aware of the issues surrounding sustainable development. Our results show that when environmental law reflects moral values for betterment, legal adoption is more likely to be successful, which usually happens in well-developed regions. In less-developed states, environmental law differs significantly from moral values, such that changes in moral values are necessary for successful legal implementation. Our study has important implications for the development of policies and cultures, together with the enforcement of environmental laws and regulations in all countries.

Can stable environmental protection officials’ tenure reduce illegal emissions?

Abstract: Based on the day-night PM2.5 difference of the nearest atmospheric monitoring points to measure whether there is illegal emission, this paper explores the impact of environmental protection officials' tenure (EPLT) on illegal emissions. The results show that there is a positive correlation between EPLT and illegal emissions. Stable EPLT can reduce illegal emissions by increasing environmental information disclosure and environmental subsidies. It can increase illegal emissions by weakening public pollution reporting and media supervision, environmental law enforcement and promoting corruption. In addition, EPLT can increase illegal emissions as EPLT is less than 3.55 years, while EPLT can increase illegal emissions as EPLT exceeds 6.21 years. Further, when mayor's tenure and EPLT are both stable, the promotion effect of EPLT on illegal emission is stronger. Stable company director's tenure can also aggravate the promotion effect of EPLT on illegal emissions.

Making Infrastructure ‘Visible’ in Environmental Law: The Belt and Road Initiative and Climate Change Friction

Abstract: Infrastructure is often viewed through global and promotional lenses, particularly its role in creating market connectivity. However, infrastructure is heavily dependent on and constitutive of local spaces, where ‘frictions’, or disputes, emerge. Drawing on the Belt and Road Initiative (BRI) as a case study, we examine in detail two cases of BRI-related climate change litigation – one in Pakistan, and one in Kenya – that shed light on the frictions arising from what is deemed the most significant transnational infrastructure project of our time. In doing so, this study demonstrates how infrastructure can be made more visible in environmental law and how environmental law itself provides an important mechanism for stabilizing friction in the places where infrastructure is located.

International environmental law and its legal implication

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Preserving Community’s Environmental Interests in a Meta-Ocean Governance Framework towards Sustainable Development Goal 14: A Mechanism of Promoting Coordination between Institutions Responsible for Curbing Marine Pollution

Abstract: The United Nations has recently recognised the global community’s environmental interests in ocean governance through the Sustainable Development Goal 14. The marine environmental protection targets stand in need of rejuvenating international environmental law, which fosters interconnection between oceans, climate, and terrestrial ecosystems. The existing literature on this aspect of ocean governance, however, is segregated and lacks an ecosystem-based approach. Therefore, a comprehensive review of the literature on ocean governance with an ecosystem-based approach becomes essential and is conducted through this research. This research has proposed that ocean governance programmes and plans need to be re-arranged under established legal frameworks at national and regional levels. Such a challenge can be addressed by taking the elements of governance provided by the list of targets of sustainable development goals. This research has facilitated the given hypothesis via a meta-ocean-governance framework that incorporates a deliberate regional monitoring system, intergovernmental review, capacity building techniques, national action through strong institutions, scientific decision making, and policy coherence. The idea is to fit the conceptualisation of ocean governance under international environmental law in the existing initiatives within a box of institutions to coordinate and encourage an ecosystem-based approach.

Addressing Fragmentation and Inconsistency in International Environmental Law: Analysis of the Role of Specialised or Treaty Judicial Bodies

Abstract: This paper analyses the contribution of treaty or specialised judicial bodies to striking problems such as fragmentation and inconsistency within International Environmental Law (IEL) as they fill the gaps in IEL, taking advantage of the absence of an overarching International Environmental Court (IEC) and the indolence of the International Court of Justice (ICJ). It argues that by helping improve the ICJ, they will help resolve IEL's jurisprudential inconsistency and fragmentation. The paper therefore first explains the sense in which jurisprudential fragmentation and inconsistency underline IEL's compliance mechanisms, and shows the limits of the state-centripetal approach of the ICJ as a solution to such a problem. Finally, it proposes a state-centrifugal paradigm that stresses how international specialised judicial bodies may help strengthen the ICJ's fragmentation and inconsistency management functions. To propose this novel approach, this paper employs legal critical methods to expose current gaps in the state-centripetal approach.

Turnover of environmental protection officials and transboundary water pollution

Abstract: Considering the situation of the frequent turnover of Chinese environmental protection officials (EPOT), this paper analyzes its impact on transboundary water pollution. The results show that EPOT can reduce transboundary pollution. EPOT can reduce the concentration of DO by 0.261 and NH3-N by 0.167 in the downstream river. And the impact shows a first strong and then weak change over time. EPOT can restrain transboundary pollution by reducing the production of polluting enterprises and promoting public pollution reporting, and it aggravates transboundary pollution by reducing environmental law enforcement and collaborative governance. In addition, the impact of EPOT on transboundary pollution has a distance effect. Within the regulatory distance of 50 km, EPOT has strong inhibition on transboundary pollution. When the governor and the environmental protection official (EPO) change tenure at the same time, the inhibition of transboundary pollution is the strongest. In addition, EPOs from the central government and with working experience in environmental protection departments can control transboundary pollution better.

Utilising law in the transition of the Kingdom of Saudi Arabia to a low-carbon economy

Abstract: The Kingdom of Saudi Arabia (KSA) has adopted a new law and policy framework, Vision 2030, designed to deliver a transition to a diversified and low-carbon economy. This paper analyses from an environmental law and policy perspective how law is providing opportunities and challenges in achieving the outcomes of this national masterplan. The paper employs traditional legal scholarship to assess the law itself and also explores its impact in practice, via an analysis of findings from expert stakeholder interviews. Key issues around environmental governance are discussed in depth in the light of Vision 2030. One of the key issues of focus is that of integration, in terms of the design and practice of law, institutions and outcomes. To date, it is clear that the further policies needed to ensure that environmental integration and a low-carbon transition take place are currently being created in the effort to deliver the aims of the Vision. This study finds that the transition to a low-carbon economy in the KSA is under-researched and under-explored in practice, from an environmental perspective. The findings attest that although some significant actions have been initiated, further action needs to be taken, given the importance of this transition, in the KSA in the light of the promising nature of Vision 2030 in this regard.

Reconciling Remote Sensing Technologies with Personal Data and Privacy Protection in the European Union: Recent Developments in Greek Legislation and Application Perspectives in Environmental Law

Abstract: Using remote sensing technologies to ensure environmental protection responds to the need of protection of a right and a public good and interest. However, the increasing introduction of these technologies has raised new challenges, such as their interference with the rights of privacy and personal data, which are also protected fundamental rights. In this paper the importance of remote sensing technologies as tools for environmental monitoring and environmental law enforcement is analyzed, while legal issues regarding privacy and data protection from their use for environmental purposes are presented. Existing legislation for reconciling emerging conflicts is also examined and major European Court of Human Rights (ECtHR) and Court of Justice of the European Union (CJEU) case law on the issue is approached. Finally, recent developments in Greek legislation and their application perspectives in environmental law are presented as a timely “case study”.

Rediscovery and Revival in Islamic Environmental Law: Back to the Future of Nature's Trust

Abstract: The common ground between religions could be fruitfully promoted in order to call for an effective protection of the climate system. Positioned at a junction of different worlds, this book is a multidisciplinary work on Islamic law, common law and environmental law. Looking at the past, present and future, the author suggests a paradigm shift starting from the common ground in order to propose a better future for environmental law in Muslim countries. As the first book to compare Shari'a and common law in field of environmental protection, it suggests a new path in comparative environmental law by recognizing the contributions of both history and spirituality.

The Role of Government Policies in Environmental Management

Abstract: Humans in meeting the needs of their lives need natural resources, in the form of land, water and air, and other natural resources that are included in renewable and non-renewable natural resources. However, it must be realized that the natural resources that humans need have limitations in many ways, namely limitations regarding their availability in quantity and quality. Certain natural resources also have limitations according to space and time. The government needs to take alternative steps to determine the potential and problems in the use of natural resources. The purpose of this study is to find out how the role of the government through its policies in managing the environment. This research uses the descriptive analysis method. The results of the study indicate that the creation of a fair and firm environmental law enforcement to manage natural resources and the environment in a sustainable manner with the support of quality human resources, the expansion of the application of environmental ethics, and socio-cultural assimilation are increasingly stable.

The Political Economy of Climate Change Litigation: Is There a Point to Suing Fossil Fuel Companies?

Abstract: This paper examines the social-theoretical assumptions and assesses the potential effectiveness of holding carbon-intensive corporations legally accountable for climate change harms. We argue that ...

Three Key considerations for biodiversity conservation in multilateral agreements

Abstract: It is nearly three decades since the world recognized the need for a global multilateral treaty aiming to address accelerating biodiversity loss. However, biodiversity continues to decline at a concerning rate. Drawing on lessons from the implementation of the current strategic plan of the Convention on Biological Diversity and the 2010 Aichi Targets, we highlight three interlinked core areas, which require attention and improvement in the development of the post-2020 Biodiversity Framework under the Convention on Biological Diversity. They are: (1) developing robust theories of change which define agreed, adaptive plans for achieving targets; (2) using models to evaluate assumptions and effectiveness of different plans and targets; and (3) identifying the common but differentiated responsibilities of different actors/states/countries within these plans. We demonstrate how future multilateral agreements must not focus only on what needs to be done but also on how it should be done, using measurable steps, which make sense at the scales at which biodiversity change happens.

Not over my backyard: the regulatory conflict between 5G rollout and environmental and historic preservation

Abstract: This paper aims to analyze the environmental and historic preservation precedents that have been adopted and acknowledged by telecommunications firms when expanding their physical infrastructures.,This paper will conduct a policy analysis of contradictory regulatory goals that are expected to arise during the near-future rollout of 5G in the USA. This will be done via traditional legal research combined with a critical policy focus. Particular attention will be given to the public interest remedies that have been established for companies that have used private or public property.,Due to the spatial requirements of 5G network infrastructure, telecommunications policy (in which network development is paramount) is expected to conflict with land use-oriented regulations (environmental and historic preservation) in places where new 5G infrastructure must be approved and built.,Ultimately, the paper will argue that conflicts will arise in local areas where the 5G rollout is expected to impact environmentally pristine areas or historic buildings.,Research in the environmental effects of 5G technology in general is becoming common, but conflicts between network construction and particular environmental or historic preservation regulations has not been the topic of organized research thus far.

Due Diligence in International Environmental Law and International Human Rights Law: A Comparative Legal Study of the Nationally Determined Contributions under the Paris Agreement and Positive Obligations under the European Convention on Human Rights

Abstract: Due diligence is a frequently employed notion in international law, yet much is still to be explored about this concept. This article aims to contribute to an understanding of due diligence obligations in international law, which is useful as it can form the basis for a further clarification of corresponding legal rights of subjects of international law. With this purpose in mind, this article initiates the construction of a working model of due diligence in international law by exploring this notion from two perspectives: an accountability perspective and a regulatory perspective. Subsequently, this article will use this model to compare the operation of due diligence obligations in two branches of international law: international environmental law and international human rights law. In doing so, it will become clear that due diligence contains two core elements: ‘reasonableness’ and ‘good faith’. Moreover, it will become apparent that the operation of due diligence obligations in these two branches has implications for systemic issues in international law. Further research on the operation of due diligence obligations in other branches of international law is therefore recommended.

Automated Decision-Making and Environmental Impact Assessments: Decisions, Data Analysis and Predictions

Abstract: This article critically examines the opportunities and challenges that automated decision-making (ADM) poses for environmental impact assessments (EIAs) as a crucial aspect of environmental law. It argues that while fully or partially automating discretionary EIA decisions is legally and technically problematic, there is significant potential for data-driven decision-making tools to provide superior analysis and predictions to better inform EIA processes. Discretionary decision-making is desirable for EIA decisions given the inherent complexity associated with environmental regulation and the prediction of future impacts. This article demonstrates that current ADM tools cannot adequately replicate human discretionary processes for EIAs—even if there is human oversight and review of automated outputs. Instead of fully or partially automating EIA decisions, data-driven decision-making can be more appropriately deployed to enhance data analysis and predictions to optimise EIA decision-making processes. This latter type of ADM can augment decision-making processes without displacing the critical role of human discretion in weighing the complex environmental, social and economic considerations inherent in EIA determinations.