Pub Date : 2020-06-03DOI: 10.1163/24686042-12340048
M. Peeters
Since the 1970s, the concept of environmental democracy, including the right to gain access to environmental information, has emerged as an important concept to promote and ensure public engagement in governmental environmental decision-making. While it is, generally, understood that environmental procedural rights deserve protection across the globe, it remains to be identified to what extent, in practice, the application of such rights differs across jurisdictions. Such differences may be caused by specific understandings of democracy and institutional characteristics. In light of this, this article analyses the case law of the Court of Justice of the European Union (CJEU) regarding the right of access to environmental information. It observes that the EU legislature has implemented the right of access to environmental information more ambitiously than required under the Aarhus Convention, particularly with regard to legislative information. Moreover, the CJEU has steered EU institutions, including the European Commission, towards even greater transparency. The judicial reasoning by the CJEU is principled and refers to general values regarding openness and transparency codified in primary EU law and in the EU Charter of Fundamental Rights. These judicial developments also highlight the importance of promoting discourse on the implications of a rigorous approach to the right of access to environmental information, including the question of whether enabling wider public engagement necessarily leads to better decision-making. Finally, the article promotes the need for comparative research on how the right to gain access to environmental information is developing across the world.
{"title":"Judicial Enforcement of Environmental Democracy: a Critical Analysis of Case Law on Access to Environmental Information in the European Union","authors":"M. Peeters","doi":"10.1163/24686042-12340048","DOIUrl":"https://doi.org/10.1163/24686042-12340048","url":null,"abstract":"\u0000Since the 1970s, the concept of environmental democracy, including the right to gain access to environmental information, has emerged as an important concept to promote and ensure public engagement in governmental environmental decision-making. While it is, generally, understood that environmental procedural rights deserve protection across the globe, it remains to be identified to what extent, in practice, the application of such rights differs across jurisdictions. Such differences may be caused by specific understandings of democracy and institutional characteristics. In light of this, this article analyses the case law of the Court of Justice of the European Union (CJEU) regarding the right of access to environmental information. It observes that the EU legislature has implemented the right of access to environmental information more ambitiously than required under the Aarhus Convention, particularly with regard to legislative information. Moreover, the CJEU has steered EU institutions, including the European Commission, towards even greater transparency. The judicial reasoning by the CJEU is principled and refers to general values regarding openness and transparency codified in primary EU law and in the EU Charter of Fundamental Rights. These judicial developments also highlight the importance of promoting discourse on the implications of a rigorous approach to the right of access to environmental information, including the question of whether enabling wider public engagement necessarily leads to better decision-making. Finally, the article promotes the need for comparative research on how the right to gain access to environmental information is developing across the world.","PeriodicalId":29889,"journal":{"name":"Chinese Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2020-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/24686042-12340048","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42726449","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-12-03DOI: 10.1163/24686042-12340043
Y. Liu
This note looks at the work of the national non-governmental environmental protection organization Friends of Nature (FON). It first explains the organization’s environmental law and policy activities and then focuses on a current water pollution case as an example of the kinds of legal work in which it engages. It concludes by addressing the issues that are still prevalent around standing to sue by public interest environmental organizations. FON was founded in 1994 and is the earliest national non-governmental environmental protection organization in China. Its activities include public environmental protection activities, environmental education, law reform and public interest litigation. The strategic goals of FON include nurturing, and supporting ‘green-minded’ citizens and promoting more self-organized environmental activities. The public environmental protection activity programs including zero-waste events, ‘Blue Sky Lab’, ‘Low-Carbon Family’ and river protection. ‘Blue Sky Lab’ was initiated by FON as an innovative platform for free public participation in detecting air pollution and developing haze solutions, involving scientists and other professionals, volunteers and members of the general community. This program has conducted various activities, such as
{"title":"Friends of Nature and Public Interest Environmental Litigation","authors":"Y. Liu","doi":"10.1163/24686042-12340043","DOIUrl":"https://doi.org/10.1163/24686042-12340043","url":null,"abstract":"This note looks at the work of the national non-governmental environmental protection organization Friends of Nature (FON). It first explains the organization’s environmental law and policy activities and then focuses on a current water pollution case as an example of the kinds of legal work in which it engages. It concludes by addressing the issues that are still prevalent around standing to sue by public interest environmental organizations. FON was founded in 1994 and is the earliest national non-governmental environmental protection organization in China. Its activities include public environmental protection activities, environmental education, law reform and public interest litigation. The strategic goals of FON include nurturing, and supporting ‘green-minded’ citizens and promoting more self-organized environmental activities. The public environmental protection activity programs including zero-waste events, ‘Blue Sky Lab’, ‘Low-Carbon Family’ and river protection. ‘Blue Sky Lab’ was initiated by FON as an innovative platform for free public participation in detecting air pollution and developing haze solutions, involving scientists and other professionals, volunteers and members of the general community. This program has conducted various activities, such as","PeriodicalId":29889,"journal":{"name":"Chinese Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2019-12-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/24686042-12340043","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47615262","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-12-03DOI: 10.1163/24686042-12340041
Hao Zhang
Following decades of fast growth in China’s power sector, underpinned by considerable investment in coal-fired generation, in recent years there has been a decisive move towards increasing energy supply that is climate and environmentally friendly. In order to meet this policy agenda, a number of regulatory mechanisms have been established to support and further the implementation of China’s Renewable Energy Law. A key feature of these regulatory developments has been increased regulation and enforcement of the obligation to ensure priority access of renewable energy to the power grid and full purchase of renewable energy generation. In practice, however, utilising electricity generation from renewable sources has been significantly curtailed. This article analyses whether the law and policy frameworks provide sufficient support and protection to ensure priority access of renewable energy in China. By considering relevant Chinese law cases, this article also provides insights into the judicial and regulatory practices in relation to curtailment disputes, particularly the limited transparency of the mediation process and the challenges faced by renewable energy generators in bringing cases to court.
{"title":"Prioritizing Access of Renewable Energy to the Grid in China: Regulatory Mechanisms and Challenges for Implementation","authors":"Hao Zhang","doi":"10.1163/24686042-12340041","DOIUrl":"https://doi.org/10.1163/24686042-12340041","url":null,"abstract":"\u0000Following decades of fast growth in China’s power sector, underpinned by considerable investment in coal-fired generation, in recent years there has been a decisive move towards increasing energy supply that is climate and environmentally friendly. In order to meet this policy agenda, a number of regulatory mechanisms have been established to support and further the implementation of China’s Renewable Energy Law. A key feature of these regulatory developments has been increased regulation and enforcement of the obligation to ensure priority access of renewable energy to the power grid and full purchase of renewable energy generation. In practice, however, utilising electricity generation from renewable sources has been significantly curtailed. This article analyses whether the law and policy frameworks provide sufficient support and protection to ensure priority access of renewable energy in China. By considering relevant Chinese law cases, this article also provides insights into the judicial and regulatory practices in relation to curtailment disputes, particularly the limited transparency of the mediation process and the challenges faced by renewable energy generators in bringing cases to court.","PeriodicalId":29889,"journal":{"name":"Chinese Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2019-12-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/24686042-12340041","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44336335","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-12-03DOI: 10.1163/24686042-12340040
E. Amechi, B. Oni
This article explores the regulation of transboundary movement of e-waste into Nigeria. The country has had an unsavoury history with the transboundary movement of hazardous wastes, and this has likely influenced its strict legislative response to such imports, including the decision to ban the transboundary movement of e-waste. However, the effectiveness of the ban is doubtful, as the importation of non-functional electrical and electronic equipment (EEE) or near-end-of-life EEE (which is classified as e-waste in Nigeria), is still thriving. The failure of the ban in curbing the transboundary movement of e-waste into Nigeria obliges policy makers to come up with new and innovative means to address this issue. It posits that the ban does not show an appreciation of the socio-economic realities and the generally weak regulatory climate in the country. The article thus argues for a shift in policy from outright ban of e-waste imports into Nigeria to more effective regulation and sustainable management.
{"title":"Import of Electronic Waste into Nigeria: the Imperative of a Regulatory Policy Shift","authors":"E. Amechi, B. Oni","doi":"10.1163/24686042-12340040","DOIUrl":"https://doi.org/10.1163/24686042-12340040","url":null,"abstract":"\u0000This article explores the regulation of transboundary movement of e-waste into Nigeria. The country has had an unsavoury history with the transboundary movement of hazardous wastes, and this has likely influenced its strict legislative response to such imports, including the decision to ban the transboundary movement of e-waste. However, the effectiveness of the ban is doubtful, as the importation of non-functional electrical and electronic equipment (EEE) or near-end-of-life EEE (which is classified as e-waste in Nigeria), is still thriving. The failure of the ban in curbing the transboundary movement of e-waste into Nigeria obliges policy makers to come up with new and innovative means to address this issue. It posits that the ban does not show an appreciation of the socio-economic realities and the generally weak regulatory climate in the country. The article thus argues for a shift in policy from outright ban of e-waste imports into Nigeria to more effective regulation and sustainable management.","PeriodicalId":29889,"journal":{"name":"Chinese Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2019-12-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/24686042-12340040","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42821354","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-08-13DOI: 10.1163/24686042-12340035
S. Alam, S. Mohammad
The ecosystem approach emerged in the international environmental realm to promote equity and justice for both people and nature. It provides a set of mechanisms, including equitable benefit sharing; conservation and sustainable use; adaptive management; and participatory practices. This article explores how the ecosystem approach that is used in natural resource management shares synergies with notions of environmental justice, including distributional justice, procedural justice and justice-as-recognition. It also explores how the ecosystem approach responds to two additional principles of environmental justice that are specific to environmental disciplines, namely, intergenerational equity and the precautionary principle. The article illustrates the complementarity between the ecosystem approach and environmental justice through practical examples and argues that environmental justice can be promoted by utilizing the ecosystem approach as a vehicle for policy-makers.
{"title":"The Ecosystem Approach and Environmental Justice Nexus in Natural Resource Management","authors":"S. Alam, S. Mohammad","doi":"10.1163/24686042-12340035","DOIUrl":"https://doi.org/10.1163/24686042-12340035","url":null,"abstract":"\u0000The ecosystem approach emerged in the international environmental realm to promote equity and justice for both people and nature. It provides a set of mechanisms, including equitable benefit sharing; conservation and sustainable use; adaptive management; and participatory practices. This article explores how the ecosystem approach that is used in natural resource management shares synergies with notions of environmental justice, including distributional justice, procedural justice and justice-as-recognition. It also explores how the ecosystem approach responds to two additional principles of environmental justice that are specific to environmental disciplines, namely, intergenerational equity and the precautionary principle. The article illustrates the complementarity between the ecosystem approach and environmental justice through practical examples and argues that environmental justice can be promoted by utilizing the ecosystem approach as a vehicle for policy-makers.","PeriodicalId":29889,"journal":{"name":"Chinese Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2019-08-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/24686042-12340035","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46102227","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-08-13DOI: 10.1163/24686042-12340037
Andy Raine, E. Pluchon
Effective laws, coupled with empowered institutions and citizens to ensure their implementation, provide the critical enabling environment necessary to deliver the environmental dimensions of the 2030 Agenda for Sustainable Development and other internationally agreed environmental goals.* While most countries have now developed environmental legal frameworks at different levels, effective implementation remains a key challenge for almost all countries.1 In addition, many environmental legal frameworks need to be
{"title":"UN Environment—Advancing the Environmental Rule of Law in the Asia Pacific","authors":"Andy Raine, E. Pluchon","doi":"10.1163/24686042-12340037","DOIUrl":"https://doi.org/10.1163/24686042-12340037","url":null,"abstract":"Effective laws, coupled with empowered institutions and citizens to ensure their implementation, provide the critical enabling environment necessary to deliver the environmental dimensions of the 2030 Agenda for Sustainable Development and other internationally agreed environmental goals.* While most countries have now developed environmental legal frameworks at different levels, effective implementation remains a key challenge for almost all countries.1 In addition, many environmental legal frameworks need to be","PeriodicalId":29889,"journal":{"name":"Chinese Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2019-08-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/24686042-12340037","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42066939","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-08-13DOI: 10.1163/24686042-12340038
Bingyu Liu
{"title":"Forest Preservation in a Changing Climate: REDD+ and Indigenous and Community Rights in Indonesia and Tanzania","authors":"Bingyu Liu","doi":"10.1163/24686042-12340038","DOIUrl":"https://doi.org/10.1163/24686042-12340038","url":null,"abstract":"","PeriodicalId":29889,"journal":{"name":"Chinese Journal of Environmental Law","volume":"1 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2019-08-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/24686042-12340038","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41466076","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-08-13DOI: 10.1163/24686042-12340034
Beatriz García, Mandy Meng Fang, Jolene Lin
Marine plastics pollution (MPP) is an alarming problem affecting many countries, particularly in the Asia-Pacific region, and generated mostly from land-based sources. Five Asian countries (i.e. China, Indonesia, the Philippines, Vietnam and Sri Lanka) have been identified as the largest sources of MPP globally. This article presents two cases studies focused on the two largest polluters: China and Indonesia. Both countries face similar challenges in dealing with plastic pollution. They have weak legal and institutional frameworks in place to deal with MPP. The two case studies also show that there have been more creative and effective measures taken at the domestic level by local governments and non-state actors, many of which involve partnerships among different stakeholders. This article argues that governance efforts to address MPP require an ‘all hands-on deck’ approach, involving multi-level and multi-actor strategies and targeted regulatory and non-regulatory measures. However, our findings also suggest that most efforts should be directed at the subnational level, from which the problem mainly originates. This article proposes a number of legal and policy recommendations, based on the lessons learned from the case studies, which can be instrumental in reducing the global MPP crisis.
{"title":"Marine Plastic Pollution in Asia: All Hands on Deck!","authors":"Beatriz García, Mandy Meng Fang, Jolene Lin","doi":"10.1163/24686042-12340034","DOIUrl":"https://doi.org/10.1163/24686042-12340034","url":null,"abstract":"\u0000Marine plastics pollution (MPP) is an alarming problem affecting many countries, particularly in the Asia-Pacific region, and generated mostly from land-based sources. Five Asian countries (i.e. China, Indonesia, the Philippines, Vietnam and Sri Lanka) have been identified as the largest sources of MPP globally. This article presents two cases studies focused on the two largest polluters: China and Indonesia. Both countries face similar challenges in dealing with plastic pollution. They have weak legal and institutional frameworks in place to deal with MPP. The two case studies also show that there have been more creative and effective measures taken at the domestic level by local governments and non-state actors, many of which involve partnerships among different stakeholders. This article argues that governance efforts to address MPP require an ‘all hands-on deck’ approach, involving multi-level and multi-actor strategies and targeted regulatory and non-regulatory measures. However, our findings also suggest that most efforts should be directed at the subnational level, from which the problem mainly originates. This article proposes a number of legal and policy recommendations, based on the lessons learned from the case studies, which can be instrumental in reducing the global MPP crisis.","PeriodicalId":29889,"journal":{"name":"Chinese Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2019-08-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/24686042-12340034","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43347155","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-08-13DOI: 10.1163/24686042-12340036
Michael Addaney, M. Nyarko, E. Boshoff
Scarce environmental and natural resources, such as minerals and water, are traditional origins of armed conflicts in Africa. There are persuasive and wide-ranging claims to the effect that environmental degradation will intensify resource scarcity and consequently contribute to an increase in armed conflict. Existing studies show that most governments in Africa overexploit valuable natural resources such as diamonds, oil and timber to finance war, without regard to environmental protection. Environmental protection during armed conflict has therefore gradually gained significant attention at international, national and regional levels. This article explores how regional laws could fill gaps in the international legal frameworks for the protection of the environment and natural resources in the context of armed conflicts in Africa. It considers the extent to which the enforceable content of regional and international norms apply to environmental damage in times of armed conflict and assesses the main shortcomings of existing normative frameworks to make a case for reform. The article argues that regional law (the African Convention on the Conservation of Nature and Natural Resources) offers strong and direct protection to the natural environment during armed conflict and requires a lower threshold for its application as compared with the Additional Protocol I to the Geneva Conventions. It concludes by providing recommendations on finding durable solutions to protection of the environment during resource-fuelled armed conflict in Africa.
{"title":"Protection of the Environment and Natural Resources during Armed Conflicts in Africa","authors":"Michael Addaney, M. Nyarko, E. Boshoff","doi":"10.1163/24686042-12340036","DOIUrl":"https://doi.org/10.1163/24686042-12340036","url":null,"abstract":"\u0000Scarce environmental and natural resources, such as minerals and water, are traditional origins of armed conflicts in Africa. There are persuasive and wide-ranging claims to the effect that environmental degradation will intensify resource scarcity and consequently contribute to an increase in armed conflict. Existing studies show that most governments in Africa overexploit valuable natural resources such as diamonds, oil and timber to finance war, without regard to environmental protection. Environmental protection during armed conflict has therefore gradually gained significant attention at international, national and regional levels. This article explores how regional laws could fill gaps in the international legal frameworks for the protection of the environment and natural resources in the context of armed conflicts in Africa. It considers the extent to which the enforceable content of regional and international norms apply to environmental damage in times of armed conflict and assesses the main shortcomings of existing normative frameworks to make a case for reform. The article argues that regional law (the African Convention on the Conservation of Nature and Natural Resources) offers strong and direct protection to the natural environment during armed conflict and requires a lower threshold for its application as compared with the Additional Protocol I to the Geneva Conventions. It concludes by providing recommendations on finding durable solutions to protection of the environment during resource-fuelled armed conflict in Africa.","PeriodicalId":29889,"journal":{"name":"Chinese Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2019-08-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/24686042-12340036","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44760109","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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