Pub Date : 2021-09-24DOI: 10.4337/apjel.2021.01.04
Rosie Syme
An effective waste management system is, and has always been, essential infrastructure, particularly given the potential for waste to adversely impact the surrounding environment. In recent decades, however, there has been growing awareness of the scale, breadth and immediacy of those adverse impacts, and of the unsustainability of the enormous (and increasing) amount of waste society generates. Governments around the world have mobilised and there has been a widespread shift towards policies promoting circular economies, waste minimisation and maximised resource efficiency. Singapore is a case in point; despite having a traditionally high waste output and a waste management system dependent on waste incineration as the primary means of disposal, Singapore has committed to a zero waste future. This article presents a review of domestic waste management policy and law in Singapore. Several gaps in the legal framework are identified and considered against the broader context, leading to the conclusion that there is a material environmental vulnerability in the legal framework that should be redressed in order to entrench environmental protections and to align the law with Singapore's policy ambitions. Notwithstanding this deficiency, it is hard not to be optimistic about the future of domestic waste management in Singapore, as the government has made an ambitious policy commitment and appears to be pursuing it with vigour.
{"title":"A review of domestic waste management policy and law in Singapore","authors":"Rosie Syme","doi":"10.4337/apjel.2021.01.04","DOIUrl":"https://doi.org/10.4337/apjel.2021.01.04","url":null,"abstract":"An effective waste management system is, and has always been, essential infrastructure, particularly given the potential for waste to adversely impact the surrounding environment. In recent decades, however, there has been growing awareness of the scale, breadth and immediacy of those adverse impacts, and of the unsustainability of the enormous (and increasing) amount of waste society generates. Governments around the world have mobilised and there has been a widespread shift towards policies promoting circular economies, waste minimisation and maximised resource efficiency. Singapore is a case in point; despite having a traditionally high waste output and a waste management system dependent on waste incineration as the primary means of disposal, Singapore has committed to a zero waste future. This article presents a review of domestic waste management policy and law in Singapore. Several gaps in the legal framework are identified and considered against the broader context, leading to the conclusion that there is a material environmental vulnerability in the legal framework that should be redressed in order to entrench environmental protections and to align the law with Singapore's policy ambitions. Notwithstanding this deficiency, it is hard not to be optimistic about the future of domestic waste management in Singapore, as the government has made an ambitious policy commitment and appears to be pursuing it with vigour.","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":"1 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2021-09-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41807661","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.2021.01.01
B. Dellavedova
Class actions provide a mechanism for grouping together like claims; and, in doing so, can enhance access to justice and the integrity of our democratic processes. Environmental class actions have an important role to play in environmental governance including by providing compensation and remediation, shaping norms of conduct and promoting accountability. There are, however, various limitations on the usefulness of class actions in achieving environmental objectives. In particular, the class actions regime is procedural rather than substantive (it does not overcome limitations on the availability or utility of causes of action for addressing environmental harm); it attracts the operation of additional rules and jurisprudence which may make some actions more difficult or not well suited to being brought as class actions; and class actions tend to be expensive and risky. Accordingly (and notwithstanding a recent flurry) we are unlikely to see the opening of the dreaded floodgates. Rather, environmental governance will most likely continue to be supported by the appropriate and considered commencement and conduct of meritorious actions.
{"title":"The role and impact of environmental class actions in Australia","authors":"B. Dellavedova","doi":"10.4337/apjel.2021.01.01","DOIUrl":"https://doi.org/10.4337/apjel.2021.01.01","url":null,"abstract":"Class actions provide a mechanism for grouping together like claims; and, in doing so, can enhance access to justice and the integrity of our democratic processes. Environmental class actions have an important role to play in environmental governance including by providing compensation and remediation, shaping norms of conduct and promoting accountability. There are, however, various limitations on the usefulness of class actions in achieving environmental objectives. In particular, the class actions regime is procedural rather than substantive (it does not overcome limitations on the availability or utility of causes of action for addressing environmental harm); it attracts the operation of additional rules and jurisprudence which may make some actions more difficult or not well suited to being brought as class actions; and class actions tend to be expensive and risky. Accordingly (and notwithstanding a recent flurry) we are unlikely to see the opening of the dreaded floodgates. Rather, environmental governance will most likely continue to be supported by the appropriate and considered commencement and conduct of meritorious actions.","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":"49104059","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.2021.01.03
Lachlan Penninkilampi
Urbanization is arguably the most severe and irreversible driver of environmental change, particularly with respect to biodiversity. This is the case even in Australia, a megadiverse country with a sophisticated federal regime of biodiversity governance. Yet, life persists in urban worlds. In the context of global climate and ecological crises, this article endeavours to illustrate how law and policy can grapple with the complexities of urban biodiversity and enable it to flourish. First, the article outlines the current approaches to urban biodiversity: what is it, what is it like, why does it matter and how do humans think of it? Second, the article analyses the current state of biodiversity governance in Australia, focusing particularly on the laws and policies of the Commonwealth, New South Wales, and local governments in Greater Sydney. Finally, the article details a program of reform which revisits the original guiding principles of ecologically sustainable development, illustrating how they could be unleashed for the better governance of urban biodiversity with respect to decision-making, the administration of law, issues at scale, the economy, valuation techniques and community participation. The program includes not only systemic and multi-scalar reforms, but also local-level reforms which have significant yet often overlooked potential to encourage pro-biodiversity behaviours in everyday life. The aim is to reveal just some of the many ways in which hope can be creatively transformed into action for a biodiverse urban future – that is, to reveal the possibilities of law and policy to enable urban biodiversity to be better recognized, understood, valued, protected and enhanced as Australia develops in the twenty-first century.
{"title":"Law reform for life: how to unleash the guiding principles of ecologically sustainable development to improve human relationships with (the rest of) urban biodiversity","authors":"Lachlan Penninkilampi","doi":"10.4337/apjel.2021.01.03","DOIUrl":"https://doi.org/10.4337/apjel.2021.01.03","url":null,"abstract":"Urbanization is arguably the most severe and irreversible driver of environmental change, particularly with respect to biodiversity. This is the case even in Australia, a megadiverse country with a sophisticated federal regime of biodiversity governance. Yet, life persists in urban worlds. In the context of global climate and ecological crises, this article endeavours to illustrate how law and policy can grapple with the complexities of urban biodiversity and enable it to flourish. First, the article outlines the current approaches to urban biodiversity: what is it, what is it like, why does it matter and how do humans think of it? Second, the article analyses the current state of biodiversity governance in Australia, focusing particularly on the laws and policies of the Commonwealth, New South Wales, and local governments in Greater Sydney. Finally, the article details a program of reform which revisits the original guiding principles of ecologically sustainable development, illustrating how they could be unleashed for the better governance of urban biodiversity with respect to decision-making, the administration of law, issues at scale, the economy, valuation techniques and community participation. The program includes not only systemic and multi-scalar reforms, but also local-level reforms which have significant yet often overlooked potential to encourage pro-biodiversity behaviours in everyday life. The aim is to reveal just some of the many ways in which hope can be creatively transformed into action for a biodiverse urban future – that is, to reveal the possibilities of law and policy to enable urban biodiversity to be better recognized, understood, valued, protected and enhanced as Australia develops in the twenty-first century.","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":"46584875","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 : 2021-09-23DOI: 10.4337/apjel.2021.01.05
Amiel Ian Valdez
The era of super typhoons is here and is predicted to linger due to anthropogenic climate change. Disasters triggered by these typhoons have caused not only loss of lives, but also displacements of people who are left without houses, properties and livelihoods. Using the Philippine experience, this article examines the legal standard of right to adequate housing under the international human rights law and international climate change law, and the Philippines' commitments to these regimes. It argues that the Philippine government's post-typhoon responses are fragmented, reactive, and ephemeral, and that there are gaps in the current housing laws. It is then argued that these issues are incongruent with the minimum standards of adequate housing. To ensure that the housing rights of climate displaced persons are protected, the role of domestic courts in enforcing the government's adaptation commitments under the Paris Agreement using the writ of continuing mandamus is considered.
{"title":"A continuing mandamus to enforce rights to adequate housing in the era of super typhoons","authors":"Amiel Ian Valdez","doi":"10.4337/apjel.2021.01.05","DOIUrl":"https://doi.org/10.4337/apjel.2021.01.05","url":null,"abstract":"The era of super typhoons is here and is predicted to linger due to anthropogenic climate change. Disasters triggered by these typhoons have caused not only loss of lives, but also displacements of people who are left without houses, properties and livelihoods. Using the Philippine experience, this article examines the legal standard of right to adequate housing under the international human rights law and international climate change law, and the Philippines' commitments to these regimes. It argues that the Philippine government's post-typhoon responses are fragmented, reactive, and ephemeral, and that there are gaps in the current housing laws. It is then argued that these issues are incongruent with the minimum standards of adequate housing. To ensure that the housing rights of climate displaced persons are protected, the role of domestic courts in enforcing the government's adaptation commitments under the Paris Agreement using the writ of continuing mandamus is considered.","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":"1 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2021-09-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70717320","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 : 2020-12-01DOI: 10.4337/APJEL.2020.02.04
Laely Nurhidayah, S. Alam
Forests are a critical component of biodiversity and are essential for a wide range of ecosystem services. There is a rapid and alarming decline of biodiversity worldwide. Indonesian biodiversity, in particular, is increasingly under serious threat of environmental degradation as a result of the prevalence of criminal activities such as deforestation, poaching, illegal wildlife trade, and forest fires. The occurrence of deforestation in Indonesia can be primarily attributed to two main factors: forest conversion into oil palm plantation and wood fiber plantation. This article examines the adequacy of the legal framework in Indonesia in addressing biodiversity loss, the challenges it experiences and any prospects for the implementation of biodiversity laws and policies. This examination will be undertaken through the theoretical frameworks of the ecosystem approach, and political ecology. It is concluded that the effectiveness of legislation related to biodiversity conservation is hindered by top-down approaches and the political and economic structural legacies of previous governments which tend to favour economic development at the expense of adequate biodiversity protection. To address the complex problems of biodiversity protection, Indonesia not only needs stronger legislation in protecting biodiversity, but must address other factors that hinder the effectiveness of efforts to protect biodiversity. In addition, despite the current prospect of initiatives and policy reforms aimed at reducing deforestation and forest degradation since the implementation of REDD+, each initiative has practical, financial and legal limits. Therefore, it is suggested that the effective coordination of each strategy is needed. Particularly at the local level, the capacity of the community to be engaged in conservation and the ability of the government to implement and effectively enforce biodiversity laws has proven challenging and needs to be addressed.
{"title":"The forest and its biodiversity: assessing the adequacy of biodiversity protection laws in Indonesia","authors":"Laely Nurhidayah, S. Alam","doi":"10.4337/APJEL.2020.02.04","DOIUrl":"https://doi.org/10.4337/APJEL.2020.02.04","url":null,"abstract":"Forests are a critical component of biodiversity and are essential for a wide range of ecosystem services. There is a rapid and alarming decline of biodiversity worldwide. Indonesian biodiversity, in particular, is increasingly under serious threat of environmental degradation as a result of the prevalence of criminal activities such as deforestation, poaching, illegal wildlife trade, and forest fires. The occurrence of deforestation in Indonesia can be primarily attributed to two main factors: forest conversion into oil palm plantation and wood fiber plantation. This article examines the adequacy of the legal framework in Indonesia in addressing biodiversity loss, the challenges it experiences and any prospects for the implementation of biodiversity laws and policies. This examination will be undertaken through the theoretical frameworks of the ecosystem approach, and political ecology. It is concluded that the effectiveness of legislation related to biodiversity conservation is hindered by top-down approaches and the political and economic structural legacies of previous governments which tend to favour economic development at the expense of adequate biodiversity protection. To address the complex problems of biodiversity protection, Indonesia not only needs stronger legislation in protecting biodiversity, but must address other factors that hinder the effectiveness of efforts to protect biodiversity. In addition, despite the current prospect of initiatives and policy reforms aimed at reducing deforestation and forest degradation since the implementation of REDD+, each initiative has practical, financial and legal limits. Therefore, it is suggested that the effective coordination of each strategy is needed. Particularly at the local level, the capacity of the community to be engaged in conservation and the ability of the government to implement and effectively enforce biodiversity laws has proven challenging and needs to be addressed.","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":"23 1","pages":"178-201"},"PeriodicalIF":0.6,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46974339","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 : 2020-12-01DOI: 10.4337/apjel.2020.02.03
M. Islam, E. O’Donnell
In 2019, Bangladesh joined the ever-growing list of countries to recognize rivers as living entities with legal rights. The Bangladesh Rivers case is another example of advocacy from the Supreme Court in Bangladesh, and the article explores the relationship between the executive and the judiciary, and the ongoing role the judiciary has played in water law reform. The Court based its decision on a novel reading of the Constitution, linking the legal rights of the rivers to the public trust doctrine and the human right to a healthy environment. This foundation is itself potentially controversial, and the new legal status of the rivers may set their interests against those of the people who live along and rely upon them. By making comparisons between this case and similar decisions in India and Colombia, the Bangladesh Rivers case can be seen as part of the transnational movement to grant legal rights to rivers.
{"title":"Legal rights for the Turag: rivers as living entities in Bangladesh","authors":"M. Islam, E. O’Donnell","doi":"10.4337/apjel.2020.02.03","DOIUrl":"https://doi.org/10.4337/apjel.2020.02.03","url":null,"abstract":"In 2019, Bangladesh joined the ever-growing list of countries to recognize rivers as living entities with legal rights. The Bangladesh Rivers case is another example of advocacy from the Supreme Court in Bangladesh, and the article explores the relationship between the executive and the judiciary, and the ongoing role the judiciary has played in water law reform. The Court based its decision on a novel reading of the Constitution, linking the legal rights of the rivers to the public trust doctrine and the human right to a healthy environment. This foundation is itself potentially controversial, and the new legal status of the rivers may set their interests against those of the people who live along and rely upon them. By making comparisons between this case and similar decisions in India and Colombia, the Bangladesh Rivers case can be seen as part of the transnational movement to grant legal rights to rivers.","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":"23 1","pages":"160-177"},"PeriodicalIF":0.6,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42423359","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 : 2020-12-01DOI: 10.4337/apjel.2020.02.05
Shazny Ramlan
Religious codes possess social control effects that can potentially change the behaviour of their adherents towards becoming pro-environment. In the case of Islam, Muslim-majority states since the time of the Prophet Muhammad have implemented Islamic environmental law to this effect. Unfortunately, accounts of its implementation today in the legal literature are scant, thereby requiring fresh insights that consider changes in the application of Islamic law in modern states. Generally, this article observes that the implementation of Islamic environmental law today takes two forms: first, implementation through constitutions; and, second, implementation through non-binding religio-legal instruments. Focusing on the second form, application in Singapore, Malaysia, and Indonesia is analysed and evaluated. In these three Southeast Asian states non-binding religious rulings (fatwa) and mosque sermons (khutbah) have been used to implement Islamic environmental law. There are two key factors which contribute to ensuring that these non-binding instruments achieve their social control objectives: first, local legal and political contexts shaped by religion-state relations that help their implementation and legitimation; and, second, the pursuit of post-fatwa/khutbah follow-up action by religious authorities to put Islamic environmental law into actual practice.
{"title":"Implementing Islamic law to protect the environment: insights from Singapore, Malaysia, and Indonesia","authors":"Shazny Ramlan","doi":"10.4337/apjel.2020.02.05","DOIUrl":"https://doi.org/10.4337/apjel.2020.02.05","url":null,"abstract":"Religious codes possess social control effects that can potentially change the behaviour of their adherents towards becoming pro-environment. In the case of Islam, Muslim-majority states since the time of the Prophet Muhammad have implemented Islamic environmental law to this effect. Unfortunately, accounts of its implementation today in the legal literature are scant, thereby requiring fresh insights that consider changes in the application of Islamic law in modern states. Generally, this article observes that the implementation of Islamic environmental law today takes two forms: first, implementation through constitutions; and, second, implementation through non-binding religio-legal instruments. Focusing on the second form, application in Singapore, Malaysia, and Indonesia is analysed and evaluated. In these three Southeast Asian states non-binding religious rulings (fatwa) and mosque sermons (khutbah) have been used to implement Islamic environmental law. There are two key factors which contribute to ensuring that these non-binding instruments achieve their social control objectives: first, local legal and political contexts shaped by religion-state relations that help their implementation and legitimation; and, second, the pursuit of post-fatwa/khutbah follow-up action by religious authorities to put Islamic environmental law into actual practice.","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46717836","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 : 2020-12-01DOI: 10.4337/apjel.2020.02.02
Mengxing Lu, M. Faure
• A submitted manuscript is the version of the article upon submission and before peer-review. There can be important differences between the submitted version and the official published version of record. People interested in the research are advised to contact the author for the final version of the publication, or visit the DOI to the publisher's website. • The final author version and the galley proof are versions of the publication after peer review. • The final published version features the final layout of the paper including the volume, issue and page numbers.
{"title":"Shifts in compensation for environmental damage: reflections on China's new Soil Pollution Law","authors":"Mengxing Lu, M. Faure","doi":"10.4337/apjel.2020.02.02","DOIUrl":"https://doi.org/10.4337/apjel.2020.02.02","url":null,"abstract":"• A submitted manuscript is the version of the article upon submission and before peer-review. There can be important differences between the submitted version and the official published version of record. People interested in the research are advised to contact the author for the final version of the publication, or visit the DOI to the publisher's website. • The final author version and the galley proof are versions of the publication after peer review. • The final published version features the final layout of the paper including the volume, issue and page numbers.","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":"23 1","pages":"136-159"},"PeriodicalIF":0.6,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42177740","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 : 2020-12-01DOI: 10.4337/apjel.2020.02.01
Mingde Cao
China officially launched seven state pilot ETS programs starting in 2013 and initiated a national ETS in 2017 respectively. The many accumulated experiences from the pilot programs include such findings as the importance of setting realistic targets balancing the needs for carbon reductions with those of economic growth and pollution control and the need for legislation specifying the actions to be taken, provisions for disclosure, allowance allocations, offsets, infrastructure building, monitoring reporting and verification, and adoption of a compliance mechanism. Deficiencies in the pilot programs are evaluated, such as those derived from lack of a national legal basis and unified rules for the carbon market, an excess of free allocation of allowances, a lack of liquidity of the market, lenient punishment for non-compliance, and absence of a sound monitoring and regulatory mechanism. The requisites for sound market-based programs are described, with particular emphasis on the need for a comprehensive legal basis on which programs can be built. The pluses and minuses of cap and trade market-based programs versus carbon taxes are explored in depth, including the possibilities of combining the two systems. Various bottom up and top down approaches are explored and the key elements of success and failure.
{"title":"A case study on China's carbon emission trading system: experiences and recommendations","authors":"Mingde Cao","doi":"10.4337/apjel.2020.02.01","DOIUrl":"https://doi.org/10.4337/apjel.2020.02.01","url":null,"abstract":"China officially launched seven state pilot ETS programs starting in 2013 and initiated a national ETS in 2017 respectively. The many accumulated experiences from the pilot programs include such findings as the importance of setting realistic targets balancing the needs for carbon reductions with those of economic growth and pollution control and the need for legislation specifying the actions to be taken, provisions for disclosure, allowance allocations, offsets, infrastructure building, monitoring reporting and verification, and adoption of a compliance mechanism. Deficiencies in the pilot programs are evaluated, such as those derived from lack of a national legal basis and unified rules for the carbon market, an excess of free allocation of allowances, a lack of liquidity of the market, lenient punishment for non-compliance, and absence of a sound monitoring and regulatory mechanism. The requisites for sound market-based programs are described, with particular emphasis on the need for a comprehensive legal basis on which programs can be built. The pluses and minuses of cap and trade market-based programs versus carbon taxes are explored in depth, including the possibilities of combining the two systems. Various bottom up and top down approaches are explored and the key elements of success and failure.","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":"23 1","pages":"106-135"},"PeriodicalIF":0.6,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46719751","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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