Pub Date : 2022-01-01DOI: 10.4337/apjel.2021.02.01
{"title":"A plea for survival: Can the return to eco-centrism strengthen the legal protection of nature in Sri Lanka?","authors":"","doi":"10.4337/apjel.2021.02.01","DOIUrl":"https://doi.org/10.4337/apjel.2021.02.01","url":null,"abstract":"","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":"1 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70717999","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 : 2022-01-01DOI: 10.4337/apjel.2022.01.06
{"title":"Book Review: Sven Rudolph and Elena Aydos, Carbon Markets around the Globe: Sustainability and Political Feasibility (Edward Elgar, 2021) 272 pp.","authors":"","doi":"10.4337/apjel.2022.01.06","DOIUrl":"https://doi.org/10.4337/apjel.2022.01.06","url":null,"abstract":"","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":"1 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70718169","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 : 2022-01-01DOI: 10.4337/apjel.2022.01.03
{"title":"Restorative justice conferencing in an environmental offending context: the role of legislation","authors":"","doi":"10.4337/apjel.2022.01.03","DOIUrl":"https://doi.org/10.4337/apjel.2022.01.03","url":null,"abstract":"","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":"1 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70717854","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 : 2022-01-01DOI: 10.4337/apjel.2021.02.03
Zoe Nay, M. Wewerinke‐Singh, Willy Missack
This article discusses the implications of recent developments in climate science for the efforts of Pacific Island States to avert, minimize and address loss and damage from climate change through international law. It discusses these implications in connection with three areas of international law pertaining to loss and damage: averting the threat of existential losses; minimizing loss and damage through adaptation and climate resilience; and addressing loss and damage through reparations for victims. As the article demonstrates, evolving climate science highlights the need for urgent action in each of these areas while providing fresh insight into the specific requirements for compliance with States ’ international obligations related to such action. It examines how these obligations can be met through the established mechanisms of the international climate regime, including the Warsaw International Mechanism on Loss and Damage associated with Climate Change Impacts. Further, it explores how, and to what extent, evolving climate science may bolster the evidentiary basis of climate cases seeking to hold States to account for failing to meet these obligations
{"title":"Climate loss and damage in Pacific Island States: International law implications of evolving climate science","authors":"Zoe Nay, M. Wewerinke‐Singh, Willy Missack","doi":"10.4337/apjel.2021.02.03","DOIUrl":"https://doi.org/10.4337/apjel.2021.02.03","url":null,"abstract":"This article discusses the implications of recent developments in climate science for the efforts of Pacific Island States to avert, minimize and address loss and damage from climate change through international law. It discusses these implications in connection with three areas of international law pertaining to loss and damage: averting the threat of existential losses; minimizing loss and damage through adaptation and climate resilience; and addressing loss and damage through reparations for victims. As the article demonstrates, evolving climate science highlights the need for urgent action in each of these areas while providing fresh insight into the specific requirements for compliance with States ’ international obligations related to such action. It examines how these obligations can be met through the established mechanisms of the international climate regime, including the Warsaw International Mechanism on Loss and Damage associated with Climate Change Impacts. Further, it explores how, and to what extent, evolving climate science may bolster the evidentiary basis of climate cases seeking to hold States to account for failing to meet these obligations","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":"1 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70717866","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 : 2022-01-01DOI: 10.4337/apjel.2021.02.02
{"title":"Bangladesh-India water sharing cooperation: An analysis from the perspective of the International Environmental Law Principles","authors":"","doi":"10.4337/apjel.2021.02.02","DOIUrl":"https://doi.org/10.4337/apjel.2021.02.02","url":null,"abstract":"","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":"1 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70717764","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 : 2022-01-01DOI: 10.4337/apjel.2021.02.04
{"title":"The Indonesian paradox in the Anthropocene","authors":"","doi":"10.4337/apjel.2021.02.04","DOIUrl":"https://doi.org/10.4337/apjel.2021.02.04","url":null,"abstract":"","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":"1 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70717927","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 : 2022-01-01DOI: 10.4337/apjel.2022.01.01
{"title":"The specific nature of environmental damage and the ‘conventionality’ of its assessment as factors hindering the development of environmental insurance in the Russian Federation","authors":"","doi":"10.4337/apjel.2022.01.01","DOIUrl":"https://doi.org/10.4337/apjel.2022.01.01","url":null,"abstract":"","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":"1 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70718091","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 : 2022-01-01DOI: 10.4337/apjel.2022.01.04
{"title":"Making space for just transition in climate change legal instruments: Philippine Nationally Determined Contributions from Paris to Glasgow, and beyond","authors":"","doi":"10.4337/apjel.2022.01.04","DOIUrl":"https://doi.org/10.4337/apjel.2022.01.04","url":null,"abstract":"","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":"1 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70717902","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 : 2021-09-24DOI: 10.4337/apjel.2021.01.02
Kenny Ng
Marine invasive alien species are sea-based organisms that are non-native to a marine ecosystem, and which can or have spread to a degree that has an adverse impact on biodiversity and human livelihoods. In a globalized and inter-connected world, the threats posed by marine invasive alien species are here to stay. Accordingly, it often has been lamented that the threats from marine alien species are too difficult to combat effectively. In Australia, these threats are exacerbated by the country's unique characteristics such as its sheer size, as well as its geographical and historical isolation from the rest of the world. More importantly for the purposes of this article, Australia's unique constitutional framework that entrenches its national system of federalism has led to complex power-sharing arrangements between the Commonwealth, and the State and Territory governments in the management of invasive alien species, which are arguably inadequate to combat marine invasive alien species effectively. In Australia, laws have been made to manage only one vector of marine invasive species, ballast water from vessels, but not for other vectors. This article analyses how marine invasive alien species are currently managed within the Australian legal framework, and discusses what can be done to improve the status quo in order effectively to control the spread of such foreign organisms. It argues with optimism that marine invasive alien species can be effectively managed under a strong legal framework that seeks to prevent their occurrence and minimize the negative impacts of their occurrence. Such a legal framework consists of sound domestic laws and institutions, the effects of which can be enhanced by greater international cooperation.
{"title":"Combating marine invasive alien species effectively in Australia","authors":"Kenny Ng","doi":"10.4337/apjel.2021.01.02","DOIUrl":"https://doi.org/10.4337/apjel.2021.01.02","url":null,"abstract":"Marine invasive alien species are sea-based organisms that are non-native to a marine ecosystem, and which can or have spread to a degree that has an adverse impact on biodiversity and human livelihoods. In a globalized and inter-connected world, the threats posed by marine invasive alien species are here to stay. Accordingly, it often has been lamented that the threats from marine alien species are too difficult to combat effectively. In Australia, these threats are exacerbated by the country's unique characteristics such as its sheer size, as well as its geographical and historical isolation from the rest of the world. More importantly for the purposes of this article, Australia's unique constitutional framework that entrenches its national system of federalism has led to complex power-sharing arrangements between the Commonwealth, and the State and Territory governments in the management of invasive alien species, which are arguably inadequate to combat marine invasive alien species effectively. In Australia, laws have been made to manage only one vector of marine invasive species, ballast water from vessels, but not for other vectors. This article analyses how marine invasive alien species are currently managed within the Australian legal framework, and discusses what can be done to improve the status quo in order effectively to control the spread of such foreign organisms. It argues with optimism that marine invasive alien species can be effectively managed under a strong legal framework that seeks to prevent their occurrence and minimize the negative impacts of their occurrence. Such a legal framework consists of sound domestic laws and institutions, the effects of which can be enhanced by greater international cooperation.","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2021-09-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46412992","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 : 2021-09-24DOI: 10.4337/apjel.2021.01.00
E. Couzens, T. Stephens, C. Holley, S. Karim, Kate Owens, M. Solis, K. Woolaston
{"title":"Editorial: Environmental class actions; marine alien invasive species; urban biodiversity; domestic waste management; and housing rights in the face of typhoons","authors":"E. Couzens, T. Stephens, C. Holley, S. Karim, Kate Owens, M. Solis, K. Woolaston","doi":"10.4337/apjel.2021.01.00","DOIUrl":"https://doi.org/10.4337/apjel.2021.01.00","url":null,"abstract":"","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2021-09-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44553752","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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