Pub Date : 2024-06-28DOI: 10.4337/apjel.2024.01.01
Reynato S Puno, Dante B Gatmaytan
Environmental law innovation is a feature of jurisprudence in the Philippines, which is world famous for the decision of its Supreme Court in 1993 in the case Oposa v Factoran – which is often, somewhat erroneously, perceived as having conferred legal standing on generations of people as yet unborn. Other environmental initiatives of the Supreme Court are also well-known. Further, the Court has promulgated decisions that incorporate the ideas of ‘intergenerational equity’ and ‘continuing mandamus’ as environmental tools. The Court has also promulgated ‘Rules of Procedure for Environmental Cases’ to provide, among other things, for faster responses to be taken to environmental emergencies through the Writ of Kalikasan (‘kalikasan’ meaning ‘nature’). These initiatives, however, have not been as successful in practice as it was hoped they would have been. The Court’s doctrines are commonly misunderstood and have faced opposition, even from within the Court itself; and the Writ of Kalikasan has been conservatively applied by courts, which allows continuing environmental trauma to occur. This article examines the gaps in both case law and the Rules of Procedure and makes recommendations for improving the Supreme Court’s rules.
{"title":"Environmental activism by the Philippine Supreme Court: initiatives and impediments","authors":"Reynato S Puno, Dante B Gatmaytan","doi":"10.4337/apjel.2024.01.01","DOIUrl":"https://doi.org/10.4337/apjel.2024.01.01","url":null,"abstract":"Environmental law innovation is a feature of jurisprudence in the Philippines, which is world famous for the decision of its Supreme Court in 1993 in the case Oposa v Factoran – which is often, somewhat erroneously, perceived as having conferred legal standing on generations of people as yet unborn. Other environmental initiatives of the Supreme Court are also well-known. Further, the Court has promulgated decisions that incorporate the ideas of ‘intergenerational equity’ and ‘continuing mandamus’ as environmental tools. The Court has also promulgated ‘Rules of Procedure for Environmental Cases’ to provide, among other things, for faster responses to be taken to environmental emergencies through the Writ of Kalikasan (‘kalikasan’ meaning ‘nature’). These initiatives, however, have not been as successful in practice as it was hoped they would have been. The Court’s doctrines are commonly misunderstood and have faced opposition, even from within the Court itself; and the Writ of Kalikasan has been conservatively applied by courts, which allows continuing environmental trauma to occur. This article examines the gaps in both case law and the Rules of Procedure and makes recommendations for improving the Supreme Court’s rules.","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":"13 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2024-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141504935","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 : 2024-06-28DOI: 10.4337/apjel.2024.01.03
Emmanuel Maalouf
The concept of Environment, Social and Governance (ESG) is gaining significant momentum in policy fields, and the legal landscape is catching up in laying down sound foundations. Whilst business and human rights, the ‘S’ in ESG, has forged itself a path forward, the ‘E’ in ESG remains at its nascency. This article aims to evaluate legal measures around corporate environmental responsibility (CER) and contribute to the development of the legal literature on the topic. This article begins by defining CER and clarifying the understanding of ‘environment’ and ‘environmental impact’. It further examines the current legal approaches used to ‘keeping tabs’ on CER. These approaches include voluntary initiatives, where companies voluntarily commit to implement ESG initiatives, certifications and other standards; mandatory reporting and disclosure requirements, which mandate companies to report and disclose their ESG performance; consumer and investor protection laws that aim to safeguard the interests of consumers and investors in relation to ESG claims and commitments made by companies; mandatory due diligence laws that require companies to assess, address and mitigate ESG risks in their operations and supply chains; and corporate liability laws that hold companies liable for environmental harms caused by their activities. By examining these different legal approaches, the article sheds light on the existing frameworks and their effectiveness in promoting CER – and highlights the challenges and gaps that need to be addressed to strengthen CER.
{"title":"Achieving corporate environmental responsibility through emerging sustainability laws","authors":"Emmanuel Maalouf","doi":"10.4337/apjel.2024.01.03","DOIUrl":"https://doi.org/10.4337/apjel.2024.01.03","url":null,"abstract":"The concept of Environment, Social and Governance (ESG) is gaining significant momentum in policy fields, and the legal landscape is catching up in laying down sound foundations. Whilst business and human rights, the ‘S’ in ESG, has forged itself a path forward, the ‘E’ in ESG remains at its nascency. This article aims to evaluate legal measures around corporate environmental responsibility (CER) and contribute to the development of the legal literature on the topic. This article begins by defining CER and clarifying the understanding of ‘environment’ and ‘environmental impact’. It further examines the current legal approaches used to ‘keeping tabs’ on CER. These approaches include voluntary initiatives, where companies voluntarily commit to implement ESG initiatives, certifications and other standards; mandatory reporting and disclosure requirements, which mandate companies to report and disclose their ESG performance; consumer and investor protection laws that aim to safeguard the interests of consumers and investors in relation to ESG claims and commitments made by companies; mandatory due diligence laws that require companies to assess, address and mitigate ESG risks in their operations and supply chains; and corporate liability laws that hold companies liable for environmental harms caused by their activities. By examining these different legal approaches, the article sheds light on the existing frameworks and their effectiveness in promoting CER – and highlights the challenges and gaps that need to be addressed to strengthen CER.","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":"23 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2024-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141504734","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 : 2024-06-28DOI: 10.4337/apjel.2024.01.04
Niamh Callinan
This article seeks to understand and explain the international legal framework, Reducing Emissions from Deforestation and Degradation-Plus (REDD+), and to determine whether the implementation of this framework is too fragmented to deliver its promised benefits. The international legal framework, REDD+, is detailed, to capture the objective(s), key mechanisms and possible activities available to states and to outline the international development of the framework. The laws and policies related to REDD+, REDD+ implementation, forest sector management and Indigenous land rights are examined in two tropical states (Fiji and Ghana). The comparative analysis of the two case study states (which have not been compared previously) explores through three lenses the question of whether REDD+ implementation is too fragmented to achieve its promise: the financial implementation of the framework; the policies and laws nationally implementing REDD+; and how the drivers of deforestation are addressed by states. It is explained that, whilst there are some gaps in Fiji’s REDD+ implementation of provisions, such as comprehensive Indigenous land rights, Fiji’s national implementation of the REDD+ framework has been reasonably effective and is well-regulated by the laws and policies which have enabled the international legal framework to be integrated into Fiji’s national activities. Similarly, it is explained that Ghana’s national implementation of the REDD+ framework has been productive with laws and policies that enable proactive integration of the international legal framework into Ghana’s national activities. Nevertheless, there are lessons which each state can learn from the other – and which are of general value. It is concluded that REDD+ implementation is not overly fragmented; and that it is on track to make a significant contribution to emission reductions.
{"title":"Taking stock of REDD+: a consideration of the experiences of Fiji and Ghana","authors":"Niamh Callinan","doi":"10.4337/apjel.2024.01.04","DOIUrl":"https://doi.org/10.4337/apjel.2024.01.04","url":null,"abstract":"This article seeks to understand and explain the international legal framework, Reducing Emissions from Deforestation and Degradation-Plus (REDD+), and to determine whether the implementation of this framework is too fragmented to deliver its promised benefits. The international legal framework, REDD+, is detailed, to capture the objective(s), key mechanisms and possible activities available to states and to outline the international development of the framework. The laws and policies related to REDD+, REDD+ implementation, forest sector management and Indigenous land rights are examined in two tropical states (Fiji and Ghana). The comparative analysis of the two case study states (which have not been compared previously) explores through three lenses the question of whether REDD+ implementation is too fragmented to achieve its promise: the financial implementation of the framework; the policies and laws nationally implementing REDD+; and how the drivers of deforestation are addressed by states. It is explained that, whilst there are some gaps in Fiji’s REDD+ implementation of provisions, such as comprehensive Indigenous land rights, Fiji’s national implementation of the REDD+ framework has been reasonably effective and is well-regulated by the laws and policies which have enabled the international legal framework to be integrated into Fiji’s national activities. Similarly, it is explained that Ghana’s national implementation of the REDD+ framework has been productive with laws and policies that enable proactive integration of the international legal framework into Ghana’s national activities. Nevertheless, there are lessons which each state can learn from the other – and which are of general value. It is concluded that REDD+ implementation is not overly fragmented; and that it is on track to make a significant contribution to emission reductions.","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":"145 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2024-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141529090","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}
Measures for prevention and protection for Internally Displaced People due to climate change in South Asia are not addressed sufficiently by South Asian states. People becoming IDPs due to climate change have been a major issue in South Asia and are increasing; however, there is no law protecting the rights of people internally displaced in South Asia. This article attempts to draw influence and lessons from the Kampala Convention in Africa for the prevention and protection of IDPs and suggests that a similar convention be implemented through the South Asian Association for Regional Cooperation (SAARC) and the SAARC Summit in South Asia. After considering the position of IDPs due to climate change. existing legal frameworks in South Asian states governing IDPs. the desirability of a convention in South Asia similar to the Kampala Convention and how such a convention might be implemented in South Asia, it is proposed that South Asia establish such a convention through SAARC.
{"title":"Protection of internally displaced people in South Asia: the role the South Asian Association for Regional Cooperation (SAARC) could play in implementing a convention similar to the Kampala Convention","authors":"Harsh Mahaseth, Utkarshani Srivastava, Niharika Goel","doi":"10.4337/apjel.2024.01.05","DOIUrl":"https://doi.org/10.4337/apjel.2024.01.05","url":null,"abstract":"Measures for prevention and protection for Internally Displaced People due to climate change in South Asia are not addressed sufficiently by South Asian states. People becoming IDPs due to climate change have been a major issue in South Asia and are increasing; however, there is no law protecting the rights of people internally displaced in South Asia. This article attempts to draw influence and lessons from the Kampala Convention in Africa for the prevention and protection of IDPs and suggests that a similar convention be implemented through the South Asian Association for Regional Cooperation (SAARC) and the SAARC Summit in South Asia. After considering the position of IDPs due to climate change. existing legal frameworks in South Asian states governing IDPs. the desirability of a convention in South Asia similar to the Kampala Convention and how such a convention might be implemented in South Asia, it is proposed that South Asia establish such a convention through SAARC.","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":"26 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2024-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141504733","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 : 2023-12-31DOI: 10.4337/apjel.2023.02.04
Stellina Jolly, Shachi Singh, Ashish Saraswat
In South Asia, multiple transboundary river basins are shared by countries of varying size and influence. Sharing the waters of these trans-boundary river systems has been a cause of conflict in the region for over seven decades. Economically, socially, and culturally, the people of South Asia are heavily dependent on these water resources for their sustenance. However, the reliance on water resources is gendered, and due to persistent economic and social disparities and restricted participation in decision-making, South Asian women are more susceptible than men to the uncertainties surrounding water supplies. The international water law and transboundary water agreements (TWAs) fail to highlight the considerable vulnerabilities that women experience in finding their voice in transboundary water governance. The 1997 UN-Watercourses Convention has certain entry points for incorporating gender concerns. However, the Convention has failed explicitly to adopt gender as a cross-cutting theme. This article analyses the existing legal framework of the transboundary water agreements in South Asia and addresses whether and how far gender-specific issues have been incorporated into these agreements. This is an attempt to identify specific entry points and strategies for gender engagement in transboundary water governance and to put forth the argument that any step aiming to incorporate gender concerns should be specific to the needs of the women of the region.
{"title":"Mainstreaming gender in transboundary water governance: a South Asian perspective","authors":"Stellina Jolly, Shachi Singh, Ashish Saraswat","doi":"10.4337/apjel.2023.02.04","DOIUrl":"https://doi.org/10.4337/apjel.2023.02.04","url":null,"abstract":"In South Asia, multiple transboundary river basins are shared by countries of varying size and influence. Sharing the waters of these trans-boundary river systems has been a cause of conflict in the region for over seven decades. Economically, socially, and culturally, the people of South Asia are heavily dependent on these water resources for their sustenance. However, the reliance on water resources is gendered, and due to persistent economic and social disparities and restricted participation in decision-making, South Asian women are more susceptible than men to the uncertainties surrounding water supplies. The international water law and transboundary water agreements (TWAs) fail to highlight the considerable vulnerabilities that women experience in finding their voice in transboundary water governance. The 1997 UN-Watercourses Convention has certain entry points for incorporating gender concerns. However, the Convention has failed explicitly to adopt gender as a cross-cutting theme. This article analyses the existing legal framework of the transboundary water agreements in South Asia and addresses whether and how far gender-specific issues have been incorporated into these agreements. This is an attempt to identify specific entry points and strategies for gender engagement in transboundary water governance and to put forth the argument that any step aiming to incorporate gender concerns should be specific to the needs of the women of the region.","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":"64 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2023-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139765641","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 : 2023-12-31DOI: 10.4337/apjel.2023.02.03
Wendy Wong Shih Ling
This article compares food waste laws in Singapore and Japan and analyses similarities and differences in their legal approaches to minimizing food waste across the food supply chain. The research undertaken demonstrates that although there is broad alignment in many aspects of the two countries’ food waste recycling laws, the specific requirements differ significantly due to each country’s unique circumstances. This has given rise to implementation issues that hamper large-scale food waste recycling in Singapore. These issues encompass, inter alia, the law’s limited applicability to food-related establishments and the lack of clarity regarding acceptable output from food waste treatment processes. Moreover, Singapore does not have a separate law targeted at avoiding food loss, a potentially more effective approach that is aligned with the food waste hierarchy. However, Japan’s experience demonstrates that, even with a law in place, success in food waste prevention typically relies on voluntary efforts and strong public engagement. Based on these findings, the article concludes that Singapore’s existing food waste law can contribute to a certain extent the achievement of its ‘zero-waste’ vision.
{"title":"Comparative analysis of food waste laws in Singapore and Japan: an examination of legal frameworks in hope of achieving Singapore’s zero-waste vision","authors":"Wendy Wong Shih Ling","doi":"10.4337/apjel.2023.02.03","DOIUrl":"https://doi.org/10.4337/apjel.2023.02.03","url":null,"abstract":"This article compares food waste laws in Singapore and Japan and analyses similarities and differences in their legal approaches to minimizing food waste across the food supply chain. The research undertaken demonstrates that although there is broad alignment in many aspects of the two countries’ food waste recycling laws, the specific requirements differ significantly due to each country’s unique circumstances. This has given rise to implementation issues that hamper large-scale food waste recycling in Singapore. These issues encompass, inter alia, the law’s limited applicability to food-related establishments and the lack of clarity regarding acceptable output from food waste treatment processes. Moreover, Singapore does not have a separate law targeted at avoiding food loss, a potentially more effective approach that is aligned with the food waste hierarchy. However, Japan’s experience demonstrates that, even with a law in place, success in food waste prevention typically relies on voluntary efforts and strong public engagement. Based on these findings, the article concludes that Singapore’s existing food waste law can contribute to a certain extent the achievement of its ‘zero-waste’ vision.","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":"10 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2023-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139765952","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 : 2023-12-31DOI: 10.4337/apjel.2023.02.01
Masoud Faryadi
Iran has, over the last approximately two decades, started to address climate change in its legal system through a number of regulations and institutional arrangements. However, due to various multidimensional challenges, Iran has not achieved considerable success in its climate action. This article examines Iran’s institutional challenges in climate change administration, and discovers that one of the main barriers to its progress in climate action is monocentric climate governance. While it is emphasized that climate governance should be participatory and polycentric to be able to improve climate action, climate governance in Iran is based on a command and control and hierarchical model of governance, which leads to some restrictive institutional challenges. This article recognizes two main institutional challenges of climate governance in Iran’s legal system: first, governmental monocentrism in which the central government is the main actor in climate governance; and, second, inadequate institutional arrangements in climate administration. Consequently, on the one hand, non-governmental bodies, the business sector, and civil society struggle to participate positively in all processes of climate change administration. On the other hand, the relevant governmental institutions are not well-prepared for effective and coordinated climate action. In order to improve its climate policy and action, Iran needs to mitigate these institutional barriers promoting polycentric climate governance in its legal system and diversifying actors, actions, sections and instruments.
{"title":"Institutional challenges of monocentric climate governance in the legal system of Iran","authors":"Masoud Faryadi","doi":"10.4337/apjel.2023.02.01","DOIUrl":"https://doi.org/10.4337/apjel.2023.02.01","url":null,"abstract":"Iran has, over the last approximately two decades, started to address climate change in its legal system through a number of regulations and institutional arrangements. However, due to various multidimensional challenges, Iran has not achieved considerable success in its climate action. This article examines Iran’s institutional challenges in climate change administration, and discovers that one of the main barriers to its progress in climate action is monocentric climate governance. While it is emphasized that climate governance should be participatory and polycentric to be able to improve climate action, climate governance in Iran is based on a command and control and hierarchical model of governance, which leads to some restrictive institutional challenges. This article recognizes two main institutional challenges of climate governance in Iran’s legal system: first, governmental monocentrism in which the central government is the main actor in climate governance; and, second, inadequate institutional arrangements in climate administration. Consequently, on the one hand, non-governmental bodies, the business sector, and civil society struggle to participate positively in all processes of climate change administration. On the other hand, the relevant governmental institutions are not well-prepared for effective and coordinated climate action. In order to improve its climate policy and action, Iran needs to mitigate these institutional barriers promoting polycentric climate governance in its legal system and diversifying actors, actions, sections and instruments.","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":"38 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2023-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139765822","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 : 2023-12-31DOI: 10.4337/apjel.2023.02.05
Selina Irene O Ablaza
This article considers whether we should continue to try to force the experiences of environmentally displaced persons to fit the traditional definition of ‘refugees’; or whether we should instead recognize that certain inherent differences necessitate treating persons displaced by climate as a separate category of persons of concern. An argument is made in favour of the latter, which highlights the urgent need for the development and implementation of a specific protection mechanism to address climate displacement, given the lack of accommodation under the existing international legal framework on refugee protection. Also highlighted is the role of domestic legislation in the protection of environmentally displaced persons with a particular focus on the Philippines. The Philippines is vulnerable to the adverse effects of climate change, with the displacement of numerous people every year due to the onslaught of typhoons and other disasters. In conclusion, recommendations are made for interim measures and future legislation to address climate displacement.
{"title":"Not a slow burn: the urgent need for a protection mechanism for environmentally displaced persons – The Philippines","authors":"Selina Irene O Ablaza","doi":"10.4337/apjel.2023.02.05","DOIUrl":"https://doi.org/10.4337/apjel.2023.02.05","url":null,"abstract":"This article considers whether we should continue to try to force the experiences of environmentally displaced persons to fit the traditional definition of ‘refugees’; or whether we should instead recognize that certain inherent differences necessitate treating persons displaced by climate as a separate category of persons of concern. An argument is made in favour of the latter, which highlights the urgent need for the development and implementation of a specific protection mechanism to address climate displacement, given the lack of accommodation under the existing international legal framework on refugee protection. Also highlighted is the role of domestic legislation in the protection of environmentally displaced persons with a particular focus on the Philippines. The Philippines is vulnerable to the adverse effects of climate change, with the displacement of numerous people every year due to the onslaught of typhoons and other disasters. In conclusion, recommendations are made for interim measures and future legislation to address climate displacement.","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":"80 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2023-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139765728","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 : 2023-10-06DOI: 10.4337/apjel.2023.01.04
David Y K Kwok
This article discusses the Hong Kong-Zhuhai-Macao Bridge from the perspective of environmental protection. What is peculiar about this bridge is that three different sets of environmental impact assessment (EIA) obligations were relevant during its developmental stage. The reason why we see such an oddity is because the Hong Kong-Zhuhai-Macao Bridge, as its name tells, links three different jurisdictions, which are in the same country. As each jurisdiction has its own EIA law, different priorities, values and expectations are engendered. It will be argued that the conflicting laws only hampered environmental protection, in particular, the protection of the marine ecology of the Pearl River Estuary over which the Hong Kong-Zhuhai-Macao Bridge crosses.
{"title":"Hong Kong-Zhuhai-Macao Bridge: the environmental logic of three EIAs","authors":"David Y K Kwok","doi":"10.4337/apjel.2023.01.04","DOIUrl":"https://doi.org/10.4337/apjel.2023.01.04","url":null,"abstract":"This article discusses the Hong Kong-Zhuhai-Macao Bridge from the perspective of environmental protection. What is peculiar about this bridge is that three different sets of environmental impact assessment (EIA) obligations were relevant during its developmental stage. The reason why we see such an oddity is because the Hong Kong-Zhuhai-Macao Bridge, as its name tells, links three different jurisdictions, which are in the same country. As each jurisdiction has its own EIA law, different priorities, values and expectations are engendered. It will be argued that the conflicting laws only hampered environmental protection, in particular, the protection of the marine ecology of the Pearl River Estuary over which the Hong Kong-Zhuhai-Macao Bridge crosses.","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135346015","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 : 2023-10-06DOI: 10.4337/apjel.2023.01.02
Najnin Begum, Shawkat Alam
A robust and well-designed legal and policy framework is vital for ensuring successful public participation in forest management and engaging local governments and communities in conservation efforts. However, despite the presence of various policies and laws aimed at protecting environmental and biological resources, Bangladesh continues to experience significant depletion of its forest resources. This can be largely attributed to inadequate implementation of forest laws, a weak institutional structure, and a bureaucratic approach to forest management. This article undertakes an analysis of Bangladesh's policy and legal framework concerning participatory forest governance. It specifically examines the incorporation of participatory elements within the country's legal and policy framework for forest management. The assessment encompasses forest tenure, land use, and the practice of participatory forest management (PFM). Furthermore, the effectiveness of social forestry and co-management, the two primary approaches to achieving participatory forest governance in Bangladesh, is evaluated. Additionally, the article identifies the challenges hindering the successful implementation of these approaches. The argument put forth is that despite the apparent support for participatory forest management within Bangladesh’s policy and legal framework, the actual implementation of PFM and sustainable forest management (SFM) remains ineffective. This ineffectiveness can be attributed to poor policy execution, prioritization of profit-generation over sustainable management practices, lack of coherence within the legal framework, and the centralized decision-making process regarding state-owned forests.
{"title":"An assessment of the legal and policy framework for participatory forest governance in Bangladesh","authors":"Najnin Begum, Shawkat Alam","doi":"10.4337/apjel.2023.01.02","DOIUrl":"https://doi.org/10.4337/apjel.2023.01.02","url":null,"abstract":"A robust and well-designed legal and policy framework is vital for ensuring successful public participation in forest management and engaging local governments and communities in conservation efforts. However, despite the presence of various policies and laws aimed at protecting environmental and biological resources, Bangladesh continues to experience significant depletion of its forest resources. This can be largely attributed to inadequate implementation of forest laws, a weak institutional structure, and a bureaucratic approach to forest management. This article undertakes an analysis of Bangladesh's policy and legal framework concerning participatory forest governance. It specifically examines the incorporation of participatory elements within the country's legal and policy framework for forest management. The assessment encompasses forest tenure, land use, and the practice of participatory forest management (PFM). Furthermore, the effectiveness of social forestry and co-management, the two primary approaches to achieving participatory forest governance in Bangladesh, is evaluated. Additionally, the article identifies the challenges hindering the successful implementation of these approaches. The argument put forth is that despite the apparent support for participatory forest management within Bangladesh’s policy and legal framework, the actual implementation of PFM and sustainable forest management (SFM) remains ineffective. This ineffectiveness can be attributed to poor policy execution, prioritization of profit-generation over sustainable management practices, lack of coherence within the legal framework, and the centralized decision-making process regarding state-owned forests.","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135352632","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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