Pub Date : 2019-11-01DOI: 10.4337/apjel.2019.02.03
Erika J. Techera, Madelaine Cannell-Lunn
Maldives is a small island developing State in the Indian Ocean comprised of multiple low-lying, sandy islands and coral reefs. It has a long history of human occupation and dependence on the environment, particularly the ocean, for food, resources and trade. Maldives continues to rely upon nature through tourism and fisheries. Conservation and sustainable use of the environment and its resources is therefore of paramount importance to Maldives. In response to growing environmental pressures, including climate change, the State has engaged at global and regional levels, ratifying treaties and participating in key international institutions. It has also developed national law and policy, as well as relevant plans and strategies focused on sustainability. Despite this activity, relatively little legal research has focused on this jurisdiction. This article aims to contribute to the literature on Maldives by exploring environmental, fisheries and tourism laws and policies, analysing current legislative developments and making tentative recommendations in areas where governance could be enhanced.
{"title":"A review of environmental law in Maldives with respect to conservation, biodiversity, fisheries and tourism","authors":"Erika J. Techera, Madelaine Cannell-Lunn","doi":"10.4337/apjel.2019.02.03","DOIUrl":"https://doi.org/10.4337/apjel.2019.02.03","url":null,"abstract":"Maldives is a small island developing State in the Indian Ocean comprised of multiple low-lying, sandy islands and coral reefs. It has a long history of human occupation and dependence on the environment, particularly the ocean, for food, resources and trade. Maldives continues to rely upon nature through tourism and fisheries. Conservation and sustainable use of the environment and its resources is therefore of paramount importance to Maldives. In response to growing environmental pressures, including climate change, the State has engaged at global and regional levels, ratifying treaties and participating in key international institutions. It has also developed national law and policy, as well as relevant plans and strategies focused on sustainability. Despite this activity, relatively little legal research has focused on this jurisdiction. This article aims to contribute to the literature on Maldives by exploring environmental, fisheries and tourism laws and policies, analysing current legislative developments and making tentative recommendations in areas where governance could be enhanced.","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":"https://sci-hub-pdf.com/10.4337/apjel.2019.02.03","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42537607","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.2019.02.01
J. Gellers, Christopher Jeffords
Since their emergence in the 1970s, human rights relating to environmental protection have spread all over the world and continue to find homes in an ever-growing list of national constitutions. These provisions mainly fall into one of three categories – substantive, procedural, or derivative environmental rights. Over the last two decades, the proliferation of these rights has caught the attention of legal scholars and social scientists, who have sought to catalogue their distribution and analyze the origins and impacts of this development. The literature in this area has provided anecdotal updates concerning environmental rights jurisprudence at the national and regional levels and global quantitative assessments regarding the effects that such rights have on humans and the environment. However, scant work offers regionally-focused empirical examinations of the variation of the presence and impacts of environmental rights. In an effort toward filling this gap, this article utilizes statistical techniques in order to determine what, if any, correlation exists between environmental rights and environmental performance in the Asia Pacific region. Preliminary results suggest that, over the past several years, countries with environmental rights have experienced strong improvements in ecosystem vitality but weak reductions in measures of environmental health. In addition, there is evidence of important intra-regional differences – South and South-West Asia lay claim to some of the world's most innovative environmental rights jurisprudence, while North and Central Asia possess the region's greatest concentration of constitutions featuring environmental rights. The article concludes with several recommendations for policy-makers in the region regarding the adoption and implementation of environmental rights.
{"title":"Environmental rights in the Asia Pacific region: taking stock and assessing impacts","authors":"J. Gellers, Christopher Jeffords","doi":"10.4337/apjel.2019.02.01","DOIUrl":"https://doi.org/10.4337/apjel.2019.02.01","url":null,"abstract":"Since their emergence in the 1970s, human rights relating to environmental protection have spread all over the world and continue to find homes in an ever-growing list of national constitutions. These provisions mainly fall into one of three categories – substantive, procedural, or derivative environmental rights. Over the last two decades, the proliferation of these rights has caught the attention of legal scholars and social scientists, who have sought to catalogue their distribution and analyze the origins and impacts of this development. The literature in this area has provided anecdotal updates concerning environmental rights jurisprudence at the national and regional levels and global quantitative assessments regarding the effects that such rights have on humans and the environment. However, scant work offers regionally-focused empirical examinations of the variation of the presence and impacts of environmental rights. In an effort toward filling this gap, this article utilizes statistical techniques in order to determine what, if any, correlation exists between environmental rights and environmental performance in the Asia Pacific region. Preliminary results suggest that, over the past several years, countries with environmental rights have experienced strong improvements in ecosystem vitality but weak reductions in measures of environmental health. In addition, there is evidence of important intra-regional differences – South and South-West Asia lay claim to some of the world's most innovative environmental rights jurisprudence, while North and Central Asia possess the region's greatest concentration of constitutions featuring environmental rights. The article concludes with several recommendations for policy-makers in the region regarding the adoption and implementation of environmental rights.","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":"43239048","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 : 2019-05-23DOI: 10.4337/APJEL.2019.01.01
Beatriz García, J. Verschuuren
Australia's new illegal logging laws aim at prohibiting the import of illegally harvested forest products from around the world. Soon after adoption, and following an intense debate on the expected costs of compliance, the legislation was reviewed and the proposed amendments finally disallowed. As of 2018 stricter enforcement actions were announced. This article identifies compliance issues observed in Australia and proposes ways to tackle them based on experiences in the United States and the European Union. We find that law enforcement helps shape market behaviour and reinforces compliance. A national legality assurance system, established in the supplier country, is an effective way to ensure legality verification, to alleviate the burden on individual businesses to prove legality, and to support the regulated community to comply with the law.
{"title":"Complying with Australia's illegal logging laws: tough reality after a soft start? Lessons from the United States and the European Union","authors":"Beatriz García, J. Verschuuren","doi":"10.4337/APJEL.2019.01.01","DOIUrl":"https://doi.org/10.4337/APJEL.2019.01.01","url":null,"abstract":"Australia's new illegal logging laws aim at prohibiting the import of illegally harvested forest products from around the world. Soon after adoption, and following an intense debate on the expected costs of compliance, the legislation was reviewed and the proposed amendments finally disallowed. As of 2018 stricter enforcement actions were announced. This article identifies compliance issues observed in Australia and proposes ways to tackle them based on experiences in the United States and the European Union. We find that law enforcement helps shape market behaviour and reinforces compliance. A national legality assurance system, established in the supplier country, is an effective way to ensure legality verification, to alleviate the burden on individual businesses to prove legality, and to support the regulated community to comply with the law.","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2019-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42107677","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 : 2019-05-01DOI: 10.4337/APJEL.2019.01.07
Evan Hamman
Every year, millions of migratory birds journey along the East Asian-Australasian Flyway (EAAF). The scope of the EAAF encompasses Asia Pacific nations like Australia, New Zealand, China, Japan, South Korea, Vietnam, Malaysia and Indonesia. The effective conservation of these birds rests upon the implementation of bilateral legal agreements as well as non-binding regional initiatives along this North-South nexus. This article evaluates the implementation of one of the most important bilateral bird agreements in the region – the China-Australia Migratory Bird Agreement (CAMBA). The main obligations in CAMBA are identified; as are the legal initiatives adopted by both China and Australia which reflect CAMBA's obligations. Whilst Australian law makes specific reference to CAMBA, Chinese law is far less direct, though perhaps no less effective. The argument is made that the findings in this article have relevance for an improved understanding of the mechanisms for transboundary governance of migratory birdlife, especially in the Asia Pacific.
{"title":"Bilateral agreements for the protection of migratory birdlife: the implementation of the China-Australia Migratory Bird Agreement (CAMBA)","authors":"Evan Hamman","doi":"10.4337/APJEL.2019.01.07","DOIUrl":"https://doi.org/10.4337/APJEL.2019.01.07","url":null,"abstract":"Every year, millions of migratory birds journey along the East Asian-Australasian Flyway (EAAF). The scope of the EAAF encompasses Asia Pacific nations like Australia, New Zealand, China, Japan, South Korea, Vietnam, Malaysia and Indonesia. The effective conservation of these birds rests upon the implementation of bilateral legal agreements as well as non-binding regional initiatives along this North-South nexus. This article evaluates the implementation of one of the most important bilateral bird agreements in the region – the China-Australia Migratory Bird Agreement (CAMBA). The main obligations in CAMBA are identified; as are the legal initiatives adopted by both China and Australia which reflect CAMBA's obligations. Whilst Australian law makes specific reference to CAMBA, Chinese law is far less direct, though perhaps no less effective. The argument is made that the findings in this article have relevance for an improved understanding of the mechanisms for transboundary governance of migratory birdlife, especially in the Asia Pacific.","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2019-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43718974","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 : 2019-05-01DOI: 10.4337/APJEL.2019.01.03
Hannah Harris
Corruption and environmental degradation are interrelated challenges. In Papua New Guinea (PNG), the relationship between corruption and the environment can be seen in the continuing corruption that exists in the country's forestry industry. The article focuses on key actors, values and interests across geographic and institutional spheres who contribute to corrupt incentives in PNG. The PNG government, foreign corporations, customary land owners, NGOs, multilateral organizations, even foreign governments and consumers; all play a role in the PNG context. These actors and their motives must be understood and harnessed to reduce corruption and improve environmental outcomes in PNG. To balance power dynamics and incentives among these actors requires the use of multiple legal and political tools: political pressure, international law, domestic legislation, aid and technical assistance, education and enforcement of existing legal frameworks are all components of the solution. The concept of an experimentalist governance framework for environmental protection is valuable in this context, due to its fluidity, responsiveness and adaptability in complex environments with multiple stakeholders.
{"title":"Corruption and the forestry industry in Papua New Guinea: transnational actors, local dynamics and environmental impact","authors":"Hannah Harris","doi":"10.4337/APJEL.2019.01.03","DOIUrl":"https://doi.org/10.4337/APJEL.2019.01.03","url":null,"abstract":"Corruption and environmental degradation are interrelated challenges. In Papua New Guinea (PNG), the relationship between corruption and the environment can be seen in the continuing corruption that exists in the country's forestry industry. The article focuses on key actors, values and interests across geographic and institutional spheres who contribute to corrupt incentives in PNG. The PNG government, foreign corporations, customary land owners, NGOs, multilateral organizations, even foreign governments and consumers; all play a role in the PNG context. These actors and their motives must be understood and harnessed to reduce corruption and improve environmental outcomes in PNG. To balance power dynamics and incentives among these actors requires the use of multiple legal and political tools: political pressure, international law, domestic legislation, aid and technical assistance, education and enforcement of existing legal frameworks are all components of the solution. The concept of an experimentalist governance framework for environmental protection is valuable in this context, due to its fluidity, responsiveness and adaptability in complex environments with multiple stakeholders.","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2019-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43910915","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 : 2019-05-01DOI: 10.4337/APJEL.2019.01.08
A. Maggio
This article explores current trends in regional cooperation in the South China Sea with regard to marine environmental protection. While there are a large number of bodies engaged in some way in issues relating to the marine environment, this region faces some serious challenges in cooperative efforts. Thus, the article gives an overview of the current cooperation landscape, highlights the most serious challenges faced and looks at the way forward. The possibility of the appropriateness of issue-based solutions, particularly to marine litter, is examined, while at the same time emphasis is laid on the importance of the implementation of international obligations and standards.
{"title":"Regional cooperation for protection of the marine environment in Southeast Asia: current trends in the South China Sea","authors":"A. Maggio","doi":"10.4337/APJEL.2019.01.08","DOIUrl":"https://doi.org/10.4337/APJEL.2019.01.08","url":null,"abstract":"This article explores current trends in regional cooperation in the South China Sea with regard to marine environmental protection. While there are a large number of bodies engaged in some way in issues relating to the marine environment, this region faces some serious challenges in cooperative efforts. Thus, the article gives an overview of the current cooperation landscape, highlights the most serious challenges faced and looks at the way forward. The possibility of the appropriateness of issue-based solutions, particularly to marine litter, is examined, while at the same time emphasis is laid on the importance of the implementation of international obligations and standards.","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2019-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47792854","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 : 2019-05-01DOI: 10.4337/APJEL.2019.01.09
Michael Addaney
{"title":"Book review: Benoit Mayer, The International Law on Climate Change (Cambridge University Press, 2018) 302 pp.","authors":"Michael Addaney","doi":"10.4337/APJEL.2019.01.09","DOIUrl":"https://doi.org/10.4337/APJEL.2019.01.09","url":null,"abstract":"","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":"1 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2019-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41439390","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 : 2019-05-01DOI: 10.4337/APJEL.2019.01.02
S. Alam, T. Herawati, H. Hidayat, Stephen Wyatt
For developing countries like Indonesia, the advantages enjoyed by developed countries – of political stability and highly regulated systems of land tenure and ownership – are elusive, leading to a situation in which state intervention in forest governance is met with resistance and faces significant hurdles. Recognizing the challenges facing implementation of Indonesia's current systems of certification, and the failure thus far of government efforts to stem illegal forestry activity, this article examines the influence of certification on sustainable forest management (SFM) in Indonesia. In particular, the question of how certification requirements interact with both the domestic regulatory framework and expectations for community participation and engagement is considered. The article begins by reviewing Indonesian efforts to implement SFM, as well as the basis of certification systems; before examining Indonesian experience with forest certification, drawing both upon previously published studies and field research by the authors. Finally, the article considers complementarity in government, private and community initiatives in SFM and how regulatory reform in support of a more participatory approach could contribute to achieving these goals. The development of the Indonesian voluntary forestry certification process shows that both certification schemes and government regulation provide advantages and disadvantages in improving the sustainability of forest management and in controlling illegal activities. An increased role for communities, small-scale producers and traditional forest users appears important in the Indonesian context, providing additional options and capacity for sustainable forest management.
{"title":"Forest certification, state regulation and community empowerment: complementarity in seeking a viable solution to forest degradation in Indonesia?","authors":"S. Alam, T. Herawati, H. Hidayat, Stephen Wyatt","doi":"10.4337/APJEL.2019.01.02","DOIUrl":"https://doi.org/10.4337/APJEL.2019.01.02","url":null,"abstract":"For developing countries like Indonesia, the advantages enjoyed by developed countries – of political stability and highly regulated systems of land tenure and ownership – are elusive, leading to a situation in which state intervention in forest governance is met with resistance and faces significant hurdles. Recognizing the challenges facing implementation of Indonesia's current systems of certification, and the failure thus far of government efforts to stem illegal forestry activity, this article examines the influence of certification on sustainable forest management (SFM) in Indonesia. In particular, the question of how certification requirements interact with both the domestic regulatory framework and expectations for community participation and engagement is considered. The article begins by reviewing Indonesian efforts to implement SFM, as well as the basis of certification systems; before examining Indonesian experience with forest certification, drawing both upon previously published studies and field research by the authors. Finally, the article considers complementarity in government, private and community initiatives in SFM and how regulatory reform in support of a more participatory approach could contribute to achieving these goals. The development of the Indonesian voluntary forestry certification process shows that both certification schemes and government regulation provide advantages and disadvantages in improving the sustainability of forest management and in controlling illegal activities. An increased role for communities, small-scale producers and traditional forest users appears important in the Indonesian context, providing additional options and capacity for sustainable forest management.","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2019-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42454895","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 : 2019-05-01DOI: 10.4337/APJEL.2019.01.00
T. Stephens, E. Couzens, S. Karim, C. Holley, Kate Owens
{"title":"Editorial: Forests, corruption, environmental degradation, protection of species and cooperation in the Asia Pacific region","authors":"T. Stephens, E. Couzens, S. Karim, C. Holley, Kate Owens","doi":"10.4337/APJEL.2019.01.00","DOIUrl":"https://doi.org/10.4337/APJEL.2019.01.00","url":null,"abstract":"","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2019-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4337/APJEL.2019.01.00","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44128888","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 : 2019-05-01DOI: 10.4337/APJEL.2019.01.04
W. Huisman, Daniel Sidoli
It is often the case that harms to societies go hand in hand. This seems to be true when looking at cases in which corporations are accused of contributing to human rights abuses, environmental degradation and corruption in developing nations. This article considers the relationships between these three harms from the perspective of corporations as actors involved in producing those harms. Based on a cross-case analysis of 45 cases in which this nexus of harms is found, this article assesses the atrocity crimes/environmental degradation/corruption-nexus, by studying agency (crime scripts), actors (industries and corporations) and connections (how are the three harms related?) in these cases. The analysis shows that corporations are mostly indirectly involved in atrocity crimes, but directly involved in environmental harm and corruption. Extractive industries are overrepresented and the many entanglements with state agents qualify as state-corporate crime. The relations between the harms are multifaceted and can be causal, spurious and synonymous by nature.
{"title":"Corporations, human rights and the environmental degradation–corruption nexus","authors":"W. Huisman, Daniel Sidoli","doi":"10.4337/APJEL.2019.01.04","DOIUrl":"https://doi.org/10.4337/APJEL.2019.01.04","url":null,"abstract":"It is often the case that harms to societies go hand in hand. This seems to be true when looking at cases in which corporations are accused of contributing to human rights abuses, environmental degradation and corruption in developing nations. This article considers the relationships between these three harms from the perspective of corporations as actors involved in producing those harms. Based on a cross-case analysis of 45 cases in which this nexus of harms is found, this article assesses the atrocity crimes/environmental degradation/corruption-nexus, by studying agency (crime scripts), actors (industries and corporations) and connections (how are the three harms related?) in these cases. The analysis shows that corporations are mostly indirectly involved in atrocity crimes, but directly involved in environmental harm and corruption. Extractive industries are overrepresented and the many entanglements with state agents qualify as state-corporate crime. The relations between the harms are multifaceted and can be causal, spurious and synonymous by nature.","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2019-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46068175","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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