Pub Date : 2020-05-15DOI: 10.4337/apjel.2020.01.00
E. Couzens, T. Stephens, K. Woolaston, M. Solis, S. Karim, C. Holley, Evan Hamman
{"title":"Editorial","authors":"E. Couzens, T. Stephens, K. Woolaston, M. Solis, S. Karim, C. Holley, Evan Hamman","doi":"10.4337/apjel.2020.01.00","DOIUrl":"https://doi.org/10.4337/apjel.2020.01.00","url":null,"abstract":"","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":"1 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2020-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4337/apjel.2020.01.00","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42933725","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 : 2020-05-01DOI: 10.4337/apjel.2020.01.01
G. Dwyer, Tristan Orgill
Anthropogenic underwater noise pollution (AUNP) generated by, inter alia, commercial shipping, military exercises, the use of sonar and seismic surveys has increased dramatically since the early 1950s. This has caused or contributed to the death and suffering of marine biota. International and domestic law must adequately regulate AUNP in order for this transboundary and transjurisdictional form of pollution to be addressed. This article examines the two most comprehensive multilateral international conventions regulating the world's oceans and biodiversity – the Convention on the Law of the Sea and the Convention on Biological Diversity – to address the question of whether these two conventions adequately protect marine biota from AUNP. It is argued that the existing regimes established under these conventions are inadequate because they do not: sufficiently recognise AUNP as a form of pollution; provide comprehensive and binding direction as to practical measures to prevent, mitigate or eliminate AUNP; or provide adequate enforcement regimes. To remedy these inadequacies, this article concludes by outlining a number of non-exhaustive law reform recommendations.
{"title":"Do the Conventions on the Law of the Sea and Biological Diversity adequately protect marine biota from anthropogenic underwater noise pollution?","authors":"G. Dwyer, Tristan Orgill","doi":"10.4337/apjel.2020.01.01","DOIUrl":"https://doi.org/10.4337/apjel.2020.01.01","url":null,"abstract":"Anthropogenic underwater noise pollution (AUNP) generated by, inter alia, commercial shipping, military exercises, the use of sonar and seismic surveys has increased dramatically since the early 1950s. This has caused or contributed to the death and suffering of marine biota.\u0000\u0000International and domestic law must adequately regulate AUNP in order for this transboundary and transjurisdictional form of pollution to be addressed. This article examines the two most comprehensive multilateral international conventions regulating the world's oceans and biodiversity – the Convention on the Law of the Sea and the Convention on Biological Diversity – to address the question of whether these two conventions adequately protect marine biota from AUNP. It is argued that the existing regimes established under these conventions are inadequate because they do not: sufficiently recognise AUNP as a form of pollution; provide comprehensive and binding direction as to practical measures to prevent, mitigate or eliminate AUNP; or provide adequate enforcement regimes. To remedy these inadequacies, this article concludes by outlining a number of non-exhaustive law reform recommendations.","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":"23 1","pages":"6-38"},"PeriodicalIF":0.6,"publicationDate":"2020-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47828636","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 : 2020-05-01DOI: 10.4337/apjel.2020.01.03
Jinyup Kim
Biopiracy, largely defined as misappropriation of biological resources and associated traditional knowledge, has occurred all around the world. Southeast Asia, one of the world's biodiversity hotspots, has been a victim of biopiracy in a number of cases across the region. Despite the high occurrence of the exploitation of resources, the region has not responded to the problem of biopiracy adequately. One of the most important reasons for this lack of response to biopiracy is the absence of a legally binding regional instrument(s). However, considering that (i) biopiracy does not respect national borders, (ii) most of the Southeast Asian states have ratified the Nagoya Protocol to the Convention on Biological Diversity, and (iii) soft law instruments adopted so far have failed to tackle biopiracy, this article argues that a legally binding regional regime should be established to tackle biopiracy in a consistent manner. Following an analysis of a number of biopiracy cases in the region, this article discusses why a legally binding instrument(s) is necessary. It suggests how to improve the current regional instruments pertaining to access and benefit sharing in relation to biological resources and associated traditional knowledge, based on the analysis of instruments adopted to tackle biopiracy in other regions.
{"title":"Tackling biopiracy in Southeast Asia: the need for a legally binding regional instrument","authors":"Jinyup Kim","doi":"10.4337/apjel.2020.01.03","DOIUrl":"https://doi.org/10.4337/apjel.2020.01.03","url":null,"abstract":"Biopiracy, largely defined as misappropriation of biological resources and associated traditional knowledge, has occurred all around the world. Southeast Asia, one of the world's biodiversity hotspots, has been a victim of biopiracy in a number of cases across the region. Despite the high occurrence of the exploitation of resources, the region has not responded to the problem of biopiracy adequately. One of the most important reasons for this lack of response to biopiracy is the absence of a legally binding regional instrument(s). However, considering that (i) biopiracy does not respect national borders, (ii) most of the Southeast Asian states have ratified the Nagoya Protocol to the Convention on Biological Diversity, and (iii) soft law instruments adopted so far have failed to tackle biopiracy, this article argues that a legally binding regional regime should be established to tackle biopiracy in a consistent manner. Following an analysis of a number of biopiracy cases in the region, this article discusses why a legally binding instrument(s) is necessary. It suggests how to improve the current regional instruments pertaining to access and benefit sharing in relation to biological resources and associated traditional knowledge, based on the analysis of instruments adopted to tackle biopiracy in other regions.","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":"23 1","pages":"74-98"},"PeriodicalIF":0.6,"publicationDate":"2020-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45816594","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 : 2020-05-01DOI: 10.4337/apjel.2020.01.02
Han Jiang, Patricia Blazey, Yan Wang, Hope Ashiabor
This article examines the comprehensive reform of the Chinese environmental governance system since the early 2010s after the goal of constructing ecological civilization was integrated into China's state policies. Legislative changes have been undertaken in order to improve the environmental governance system and juridical environmental protection has been reinforced to tackle environmental challenges through a revised public interest litigation system. China's current environmental public interest litigation system consists of civil environmental public interest litigation and administrative environmental public interest litigation. Only procuratorates have standing in administrative environmental public interest litigation whereas environmental non-government organizations who are permitted to undertake civil cases are in practice marginalized. Individuals, on the other hand, do not have standing in either civil or administrative environmental public interest litigation cases. The ecological and environmental damages litigation system has been established in order to recognize government agencies that have standing in protecting environmental public interest.
{"title":"China's new approach to environmental governance and environmental public interest litigation","authors":"Han Jiang, Patricia Blazey, Yan Wang, Hope Ashiabor","doi":"10.4337/apjel.2020.01.02","DOIUrl":"https://doi.org/10.4337/apjel.2020.01.02","url":null,"abstract":"This article examines the comprehensive reform of the Chinese environmental governance system since the early 2010s after the goal of constructing ecological civilization was integrated into China's state policies. Legislative changes have been undertaken in order to improve the environmental governance system and juridical environmental protection has been reinforced to tackle environmental challenges through a revised public interest litigation system. China's current environmental public interest litigation system consists of civil environmental public interest litigation and administrative environmental public interest litigation. Only procuratorates have standing in administrative environmental public interest litigation whereas environmental non-government organizations who are permitted to undertake civil cases are in practice marginalized. Individuals, on the other hand, do not have standing in either civil or administrative environmental public interest litigation cases. The ecological and environmental damages litigation system has been established in order to recognize government agencies that have standing in protecting environmental public interest.","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2020-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4337/apjel.2020.01.02","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46325780","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 : 2019-11-29DOI: 10.4337/apjel.2019.02.00
E. Couzens, T. Stephens, Evan Hamman, C. Holley, S. Karim, Kate Owens, M. Solis
{"title":"Editorial: Human and environmental rights, protection of biological diversity, and marine spatial planning in the Asia Pacific region","authors":"E. Couzens, T. Stephens, Evan Hamman, C. Holley, S. Karim, Kate Owens, M. Solis","doi":"10.4337/apjel.2019.02.00","DOIUrl":"https://doi.org/10.4337/apjel.2019.02.00","url":null,"abstract":"","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":"22 1","pages":"183-189"},"PeriodicalIF":0.6,"publicationDate":"2019-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4337/apjel.2019.02.00","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42901084","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 : 2019-11-01DOI: 10.4337/apjel.2019.02.04
Nicola R. Wheen, Heidi Baillie
Pests, especially rats, stoats and possums, pose a significant threat to New Zealand's endemic biodiversity. Genetic modification (GM) offers a potential new means of controlling these pests. However, GM is a ‘hot’ environmental problem (it has complex and controversial social, cultural and economic dimensions) in this country. No genetically modified organisms (GMO) have been released into the New Zealand environment, other than in vaccines. GM developments and field tests have been approved under the Hazardous Substances and New Organisms Act 1996, but the Authority is criticized as having a science bias, resulting in it over-emphasizing representative rather than participatory approaches to GM regulation. Consequentially, communities opposed to GM have turned to the Resource Management Act 1991's participatory planning scheme to block GMO releases using rules in local policies and plans. To ensure that these rules did not impede the release all GMOs in New Zealand, including GMOs in vaccines, Parliament moved to allow the Minister to veto local anti-GMO rules, except rules about GM crops. The extent to which this amendment results in a re-assertion of representative democracy over participatory democracy in GM regulation in New Zealand depends on how widely the courts interpret the Minister's new power.
{"title":"GMOs, pests and participatory and representative democracy in decision-making about GM activities in New Zealand","authors":"Nicola R. Wheen, Heidi Baillie","doi":"10.4337/apjel.2019.02.04","DOIUrl":"https://doi.org/10.4337/apjel.2019.02.04","url":null,"abstract":"Pests, especially rats, stoats and possums, pose a significant threat to New Zealand's endemic biodiversity. Genetic modification (GM) offers a potential new means of controlling these pests. However, GM is a ‘hot’ environmental problem (it has complex and controversial social, cultural and economic dimensions) in this country. No genetically modified organisms (GMO) have been released into the New Zealand environment, other than in vaccines. GM developments and field tests have been approved under the Hazardous Substances and New Organisms Act 1996, but the Authority is criticized as having a science bias, resulting in it over-emphasizing representative rather than participatory approaches to GM regulation. Consequentially, communities opposed to GM have turned to the Resource Management Act 1991's participatory planning scheme to block GMO releases using rules in local policies and plans. To ensure that these rules did not impede the release all GMOs in New Zealand, including GMOs in vaccines, Parliament moved to allow the Minister to veto local anti-GMO rules, except rules about GM crops. The extent to which this amendment results in a re-assertion of representative democracy over participatory democracy in GM regulation in New Zealand depends on how widely the courts interpret the Minister's new power.","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2019-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46971743","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 : 2019-11-01DOI: 10.4337/apjel.2019.02.06
E. O’Donnell
{"title":"Book review: Katie O'Bryan, Indigenous Rights and Water Resource Management: Not Just Another Stakeholder (Routledge, 2018) 272 pp.","authors":"E. O’Donnell","doi":"10.4337/apjel.2019.02.06","DOIUrl":"https://doi.org/10.4337/apjel.2019.02.06","url":null,"abstract":"","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2019-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46696787","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 : 2019-11-01DOI: 10.4337/apjel.2019.02.05
A. Alam
The current arrangements for the management of the marine resources of Bangladesh are not adequate for sustainable management. Marine Spatial Planning (MSP) may be a tool to achieve sustainable management of marine resources. The Government of Bangladesh is planning for the development of MSP for sustainable management of the marine resources in the Bay of Bengal. However, a clear understanding of the current and required legal and institutional arrangements for the development of MSP in Bangladesh is essential for sustainable management of the marine resources. This article analyzes the current legal and institutional arrangements concerning the management of marine resources and explores potential inadequacies for the development of MSP for sustainable management. The article refers to the legal and institutional arrangements of other coastal states which have already developed MSP to find out the required arrangements for the development of MSP in Bangladesh.
{"title":"Marine spatial planning for Bangladesh: a critical analysis of the legal and institutional regimes","authors":"A. Alam","doi":"10.4337/apjel.2019.02.05","DOIUrl":"https://doi.org/10.4337/apjel.2019.02.05","url":null,"abstract":"The current arrangements for the management of the marine resources of Bangladesh are not adequate for sustainable management. Marine Spatial Planning (MSP) may be a tool to achieve sustainable management of marine resources. The Government of Bangladesh is planning for the development of MSP for sustainable management of the marine resources in the Bay of Bengal. However, a clear understanding of the current and required legal and institutional arrangements for the development of MSP in Bangladesh is essential for sustainable management of the marine resources. This article analyzes the current legal and institutional arrangements concerning the management of marine resources and explores potential inadequacies for the development of MSP for sustainable management. The article refers to the legal and institutional arrangements of other coastal states which have already developed MSP to find out the required arrangements for the development of MSP in Bangladesh.","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2019-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44461516","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 : 2019-11-01DOI: 10.4337/apjel.2019.02.07
Mahatab Uddin
{"title":"Book review: Md Saiful Karim, Shipbreaking in Developing Countries: A Requiem for Environmental Justice from the Perspective of Bangladesh (Routledge, 2017) 150 pp.","authors":"Mahatab Uddin","doi":"10.4337/apjel.2019.02.07","DOIUrl":"https://doi.org/10.4337/apjel.2019.02.07","url":null,"abstract":"","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2019-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44033916","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 : 2019-11-01DOI: 10.4337/apjel.2019.02.02
A. Chitov
The article examines international law in relation to international trade in endangered species. It analyzes the major international agreement in this area: CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora 1973) in the context of Thailand and China. The article argues that CITES does not sufficiently address the need of those countries to criminalize illegal trade in endangered animals and plants across borders. CITES requires an increased administrative control over the trade which many developing countries are unable to carry out in order to achieve an effective level of protection for the endangered species. Under the influence of CITES, the crime of illegal trade is defined in Thailand and China narrowly as trade in violation of administrative controls. The main argument of this article is, first, that the countries, such as Thailand and China, must adopt a broader concept of the crime of illegal trade in endangered species. Second, there is a need to adopt this concept on an international level in order to facilitate a successful fulfillment of the countries’ international obligations.
{"title":"International law and criminalizing illegal trade in endangered species (from the Far Eastern perspective)","authors":"A. Chitov","doi":"10.4337/apjel.2019.02.02","DOIUrl":"https://doi.org/10.4337/apjel.2019.02.02","url":null,"abstract":"The article examines international law in relation to international trade in endangered species. It analyzes the major international agreement in this area: CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora 1973) in the context of Thailand and China. The article argues that CITES does not sufficiently address the need of those countries to criminalize illegal trade in endangered animals and plants across borders. CITES requires an increased administrative control over the trade which many developing countries are unable to carry out in order to achieve an effective level of protection for the endangered species. Under the influence of CITES, the crime of illegal trade is defined in Thailand and China narrowly as trade in violation of administrative controls. The main argument of this article is, first, that the countries, such as Thailand and China, must adopt a broader concept of the crime of illegal trade in endangered species. Second, there is a need to adopt this concept on an international level in order to facilitate a successful fulfillment of the countries’ international obligations.","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2019-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41849132","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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