Pub Date : 2019-05-01DOI: 10.4337/APJEL.2019.01.06
S. Riley
Humanity's land management practices reconstruct nature by destroying and degrading habitats, species and ecosystems, and creating environmental imbalance. The latter can manifest in overabundant or invasive species, imposing a welfare burden on unwanted animals when they are targeted for eradication and control. Such approaches not only overlook animal wellbeing, but also ignore the role that humans have played in species’ classifications. As societies grapple to manage the unstable environments they have created, they have also started to realize that standards set by paradigms, such as sustainable development, do not sufficiently engage with the efficacy or ethics of existing practices. This article argues that a synthesis of law and science, drawn respectively from emerging paradigms, such as the Great Law of Earth jurisprudence and principles of compassionate conservation, can help guide environmental regimes towards more effective and ethical outcomes. From a legal perspective, the Great Law subordinates human law to a metaphorical nature's voice, while from a scientific perspective the scientific underpinnings of compassionate conservation identify that voice. Although compassionate conservation injects empathy into the decision-making processes, it is a form of empathy based on science that commences from the stipulation that regulators should first do no harm. It is a call that is specifically relevant to invasive species, where current regulation is based on harming certain species, while simultaneously overlooking environmental threats generated by humans. By using science to identify nature's voice, and law to listen to that voice, regulators can start to design regimes that work with nature, rather than trying to reconstruct and dominate it.
{"title":"Listening to nature's voice: invasive species, Earth jurisprudence and compassionate conservation","authors":"S. Riley","doi":"10.4337/APJEL.2019.01.06","DOIUrl":"https://doi.org/10.4337/APJEL.2019.01.06","url":null,"abstract":"Humanity's land management practices reconstruct nature by destroying and degrading habitats, species and ecosystems, and creating environmental imbalance. The latter can manifest in overabundant or invasive species, imposing a welfare burden on unwanted animals when they are targeted for eradication and control. Such approaches not only overlook animal wellbeing, but also ignore the role that humans have played in species’ classifications. As societies grapple to manage the unstable environments they have created, they have also started to realize that standards set by paradigms, such as sustainable development, do not sufficiently engage with the efficacy or ethics of existing practices. This article argues that a synthesis of law and science, drawn respectively from emerging paradigms, such as the Great Law of Earth jurisprudence and principles of compassionate conservation, can help guide environmental regimes towards more effective and ethical outcomes. From a legal perspective, the Great Law subordinates human law to a metaphorical nature's voice, while from a scientific perspective the scientific underpinnings of compassionate conservation identify that voice. Although compassionate conservation injects empathy into the decision-making processes, it is a form of empathy based on science that commences from the stipulation that regulators should first do no harm. It is a call that is specifically relevant to invasive species, where current regulation is based on harming certain species, while simultaneously overlooking environmental threats generated by humans. By using science to identify nature's voice, and law to listen to that voice, regulators can start to design regimes that work with nature, rather than trying to reconstruct and dominate it.","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.2019.01.06","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45765795","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.2019.01.05
S. Kunhibava, S. Ling, Nur Farhana Abdul Rahman, Khalil Ruslan
Green banking frameworks encourage banks to manage their in-house operations and lend and invest in an environmentally sustainable manner. There are at present six nations in Asia that have a green banking framework – Bangladesh, Cambodia, China, Indonesia, Mongolia and Vietnam. Each of the six countries have distinctive green banking policies and frameworks suited to their own national agendas. This article aims to provide a summary of the main green banking frameworks issued by each country's respective regulatory authority or banking association and possible reasons why these six countries have established such a framework. It then focuses specifically on the framework and banking policies practiced in Bangladesh and China, given their experience and strong establishments. The effects of introducing green banking frameworks and policies in Bangladesh and China are also accessed. The article then concludes with recommendations on what more can be done to enhance green banking in Bangladesh and China.
{"title":"Green banking frameworks in Asia with an in-depth focus on Bangladesh and China","authors":"S. Kunhibava, S. Ling, Nur Farhana Abdul Rahman, Khalil Ruslan","doi":"10.4337/APJEL.2019.01.05","DOIUrl":"https://doi.org/10.4337/APJEL.2019.01.05","url":null,"abstract":"Green banking frameworks encourage banks to manage their in-house operations and lend and invest in an environmentally sustainable manner. There are at present six nations in Asia that have a green banking framework – Bangladesh, Cambodia, China, Indonesia, Mongolia and Vietnam. Each of the six countries have distinctive green banking policies and frameworks suited to their own national agendas. This article aims to provide a summary of the main green banking frameworks issued by each country's respective regulatory authority or banking association and possible reasons why these six countries have established such a framework. It then focuses specifically on the framework and banking policies practiced in Bangladesh and China, given their experience and strong establishments. The effects of introducing green banking frameworks and policies in Bangladesh and China are also accessed. The article then concludes with recommendations on what more can be done to enhance green banking in Bangladesh and China.","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":"48782978","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 : 2019-02-22DOI: 10.4337/APJEL.2019.01.10
Gayathri D. Naik
{"title":"Book review: Gabriel Eckstein, The International Law of Transboundary Groundwater Resources (Earthscan/Routledge, 2017) 187 pp.","authors":"Gayathri D. Naik","doi":"10.4337/APJEL.2019.01.10","DOIUrl":"https://doi.org/10.4337/APJEL.2019.01.10","url":null,"abstract":"","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2019-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42995322","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 : 2018-11-01DOI: 10.4337/apjel.2018.02.01
E. Long
Fiji's National Government has committed to using Marine Protected Areas (MPAs) to protect its marine environment. As Fiji is in the process of reforming its marine law, now is an opportune time to develop statutory mechanisms for establishing and regulating MPAs. This article considers the regulation of MPAs in Fiji's coastal waters—where the intersection of statutory and customary law poses particular challenges. ‘Customary MPAs’ already exist in Fiji's coastal environments, taking the form of tabu areas and ‘Locally Managed Marine Areas’ (LMMAs). Both of these are important mechanisms that any new statutory framework should incorporate and strengthen. In 2010, the draft Inshore Fisheries Decree (draft Inshore Decree) was prepared. Although the draft Inshore Decree appears to have stalled, it may yet be progressed to a final bill. Alternatively, some of the measures in it may be incorporated into another law. This article assesses one mechanism in the draft Inshore Decree that could be used to formalize customary MPAs—Community Fisheries Management and Development Plans (CFMDPs). It finds that CFMDPs demonstrate a number of strengths, in particular by supporting legal recognition of existing marine management measures. However, there are also weaknesses. Nevertheless, with refinement CFMDPs may be a useful tool for regulating Fiji's coastal MPAs.
{"title":"Marine Protected Areas in Fiji: a critical assessment of ‘Community Fisheries Management and Development Plans’ as a mechanism for formalising customary MPAs, in particular LMMAs","authors":"E. Long","doi":"10.4337/apjel.2018.02.01","DOIUrl":"https://doi.org/10.4337/apjel.2018.02.01","url":null,"abstract":"Fiji's National Government has committed to using Marine Protected Areas (MPAs) to protect its marine environment. As Fiji is in the process of reforming its marine law, now is an opportune time to develop statutory mechanisms for establishing and regulating MPAs. This article considers the regulation of MPAs in Fiji's coastal waters—where the intersection of statutory and customary law poses particular challenges. ‘Customary MPAs’ already exist in Fiji's coastal environments, taking the form of tabu areas and ‘Locally Managed Marine Areas’ (LMMAs). Both of these are important mechanisms that any new statutory framework should incorporate and strengthen. In 2010, the draft Inshore Fisheries Decree (draft Inshore Decree) was prepared. Although the draft Inshore Decree appears to have stalled, it may yet be progressed to a final bill. Alternatively, some of the measures in it may be incorporated into another law. This article assesses one mechanism in the draft Inshore Decree that could be used to formalize customary MPAs—Community Fisheries Management and Development Plans (CFMDPs). It finds that CFMDPs demonstrate a number of strengths, in particular by supporting legal recognition of existing marine management measures. However, there are also weaknesses. Nevertheless, with refinement CFMDPs may be a useful tool for regulating Fiji's coastal MPAs.","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2018-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45304913","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 : 2018-11-01DOI: 10.4337/APJEL.2018.02.00
E. Couzens, T. Stephens, M. Solis, S. Karim, C. Holley
{"title":"Editorial: Governance and development in the Asia Pacific region","authors":"E. Couzens, T. Stephens, M. Solis, S. Karim, C. Holley","doi":"10.4337/APJEL.2018.02.00","DOIUrl":"https://doi.org/10.4337/APJEL.2018.02.00","url":null,"abstract":"","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2018-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4337/APJEL.2018.02.00","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43309120","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 : 2018-11-01DOI: 10.4337/APJEL.2018.02.02
C. Warren, Agung Wardana
Bali faces serious environmental crises arising from overdevelopment of the tourism and real estate industry, including water shortage, rapid conversion of agricultural land, pollution, and economic and cultural displacement. This article traces continuities and discontinuities in the role of Indonesian environmental impact assessment (EIA) during and since the authoritarian ‘New Order’ period. Following the fall of the Suharto regime in 1998, the ‘Reform Era’ brought dramatic changes, democratizing and decentralizing Indonesia's governing institutions. Focusing on case studies of resort development projects in Bali from the 1990s to the present, this study examines the ongoing capture of legal processes by vested interests at the expense of prospects for sustainable development. Two particularly controversial projects in Benoa Bay, proposed in the different historical and structural settings of the two eras—the Bali Turtle Island Development (BTID) at Serangan Island in the Suharto era and the Tirta Wahana Bali Internasional (TWBI) proposal for the other side of Benoa in the ‘Reform Era’—enable instructive comparison. The study finds that despite significant changes in the environmental law regime, the EIA process still finds itself a tool of powerful interests in the efforts of political and economic elites to maintain control of decision-making and to displace popular opposition forces to the margins.
{"title":"Sustaining the unsustainable? Environmental impact assessment and overdevelopment in Bali","authors":"C. Warren, Agung Wardana","doi":"10.4337/APJEL.2018.02.02","DOIUrl":"https://doi.org/10.4337/APJEL.2018.02.02","url":null,"abstract":"Bali faces serious environmental crises arising from overdevelopment of the tourism and real estate industry, including water shortage, rapid conversion of agricultural land, pollution, and economic and cultural displacement. This article traces continuities and discontinuities in the role of Indonesian environmental impact assessment (EIA) during and since the authoritarian ‘New Order’ period. Following the fall of the Suharto regime in 1998, the ‘Reform Era’ brought dramatic changes, democratizing and decentralizing Indonesia's governing institutions. Focusing on case studies of resort development projects in Bali from the 1990s to the present, this study examines the ongoing capture of legal processes by vested interests at the expense of prospects for sustainable development. Two particularly controversial projects in Benoa Bay, proposed in the different historical and structural settings of the two eras—the Bali Turtle Island Development (BTID) at Serangan Island in the Suharto era and the Tirta Wahana Bali Internasional (TWBI) proposal for the other side of Benoa in the ‘Reform Era’—enable instructive comparison. The study finds that despite significant changes in the environmental law regime, the EIA process still finds itself a tool of powerful interests in the efforts of political and economic elites to maintain control of decision-making and to displace popular opposition forces to the margins.","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":"1 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2018-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43003218","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 : 2018-11-01DOI: 10.4337/APJEL.2018.02.05
Fan Yang, Ting Zhang, Hao Zhang
Developing countries and countries with economies in transition have varying experiences in enforcing their national environmental law. China's judicial interpretations and legislation on environmental protection have established the rules that shift the burden of proof for causation in environmental tort litigation. However, this study of 513 court decisions from the people's courts at different levels in China shows that although the court decisions usually refer to or quote the rules that shift the burden of proof, in most cases the victim-plaintiffs still bear the liability to prove whether the causal relationship exists between the pollution and the harm. This study also finds that Chinese courts defer greatly to the evaluation report in proving causation. It suggests that the court practice of adjudicating environmental tort cases in China values more the factual causation of a pollution incident than the provisions regarding proof of causation stipulated by relevant laws. Consequently, such judicial practices hinder the effectiveness of judicial remedies for pollution victims in China.
{"title":"Adjudicating environmental tort cases in China: burden of proof, causation, and insights from 513 court decisions","authors":"Fan Yang, Ting Zhang, Hao Zhang","doi":"10.4337/APJEL.2018.02.05","DOIUrl":"https://doi.org/10.4337/APJEL.2018.02.05","url":null,"abstract":"Developing countries and countries with economies in transition have varying experiences in enforcing their national environmental law. China's judicial interpretations and legislation on environmental protection have established the rules that shift the burden of proof for causation in environmental tort litigation. However, this study of 513 court decisions from the people's courts at different levels in China shows that although the court decisions usually refer to or quote the rules that shift the burden of proof, in most cases the victim-plaintiffs still bear the liability to prove whether the causal relationship exists between the pollution and the harm. This study also finds that Chinese courts defer greatly to the evaluation report in proving causation. It suggests that the court practice of adjudicating environmental tort cases in China values more the factual causation of a pollution incident than the provisions regarding proof of causation stipulated by relevant laws. Consequently, such judicial practices hinder the effectiveness of judicial remedies for pollution victims in China.","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2018-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4337/APJEL.2018.02.05","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45714803","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 : 2018-11-01DOI: 10.4337/APJEL.2018.02.06
N. Chowdhury, Nidhi Srivastava
Can a tribunal deliver justice? By posing this rhetorical question this article attempts to contextualize the introduction of the tribunal system of adjudication in India. Some of these tribunals have been able to evolve into mechanisms that have overcome their birth infirmities. The Supreme Court has intervened and supported strengthening of these tribunals and their evolution into entities (if not fully but certainly) more independent of the executive. This article explores these questions through a case study of the National Green Tribunal (NGT)—specifically focusing on the subject of jurisdiction. NGT is the newest of the tribunals that have been established since the Constitutional amendment was passed allowing for them. The jurisdiction of the NGT, although statutorily limited, has evolved in the light of Supreme Court's jurisprudence on the powers of tribunals. Further, the nature of environmental disputes are such that the NGT has had to expansively interpret both procedural mechanisms, such as limitation periods for allowing more disputes to be brought to the bench, and by entering into substantive areas such as climate change.
{"title":"The National Green Tribunal in India: examining the question of jurisdiction","authors":"N. Chowdhury, Nidhi Srivastava","doi":"10.4337/APJEL.2018.02.06","DOIUrl":"https://doi.org/10.4337/APJEL.2018.02.06","url":null,"abstract":"Can a tribunal deliver justice? By posing this rhetorical question this article attempts to contextualize the introduction of the tribunal system of adjudication in India. Some of these tribunals have been able to evolve into mechanisms that have overcome their birth infirmities. The Supreme Court has intervened and supported strengthening of these tribunals and their evolution into entities (if not fully but certainly) more independent of the executive. This article explores these questions through a case study of the National Green Tribunal (NGT)—specifically focusing on the subject of jurisdiction. NGT is the newest of the tribunals that have been established since the Constitutional amendment was passed allowing for them. The jurisdiction of the NGT, although statutorily limited, has evolved in the light of Supreme Court's jurisprudence on the powers of tribunals. Further, the nature of environmental disputes are such that the NGT has had to expansively interpret both procedural mechanisms, such as limitation periods for allowing more disputes to be brought to the bench, and by entering into substantive areas such as climate change.","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2018-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49126218","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 : 2018-11-01DOI: 10.4337/APJEL.2018.02.04
S. Price
The inscription of East Rennell in Solomon Islands on the World Heritage List was a landmark in the implementation of the World Heritage Convention. However, the site is now on the List of World Heritage in Danger, threatened by resource development, invasive species, climate change and the over-harvesting of certain animals. This article examines the scope for the Protected Areas Act of 2010 to be used to safeguard the site, and the challenges that may be encountered if the Act is implemented there. It explains how the Act provides direct protection against some (but not all) of the threats to East Rennell. Furthermore, the approach to conservation facilitated by the Act is appropriate for Solomon Islands, where most land is under customary tenure, many people rely on natural resources to support their subsistence lifestyles and the government's capacity to enforce legislation is limited. The article argues that the relationship between the legislation and custom must be considered in the design of the landowner consent process, the preparation of the site's management plan, and the selection of its management committee. Additionally, the protected area should aim to improve the livelihoods of the East Rennellese, as well as safeguarding the site's heritage values.
{"title":"Implementing Solomon Islands’ Protected Areas Act: opportunities and challenges for World Heritage conservation","authors":"S. Price","doi":"10.4337/APJEL.2018.02.04","DOIUrl":"https://doi.org/10.4337/APJEL.2018.02.04","url":null,"abstract":"The inscription of East Rennell in Solomon Islands on the World Heritage List was a landmark in the implementation of the World Heritage Convention. However, the site is now on the List of World Heritage in Danger, threatened by resource development, invasive species, climate change and the over-harvesting of certain animals. This article examines the scope for the Protected Areas Act of 2010 to be used to safeguard the site, and the challenges that may be encountered if the Act is implemented there. It explains how the Act provides direct protection against some (but not all) of the threats to East Rennell. Furthermore, the approach to conservation facilitated by the Act is appropriate for Solomon Islands, where most land is under customary tenure, many people rely on natural resources to support their subsistence lifestyles and the government's capacity to enforce legislation is limited. The article argues that the relationship between the legislation and custom must be considered in the design of the landowner consent process, the preparation of the site's management plan, and the selection of its management committee. Additionally, the protected area should aim to improve the livelihoods of the East Rennellese, as well as safeguarding the site's heritage values.","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2018-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49406150","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 : 2018-11-01DOI: 10.4337/APJEL.2018.02.03
Wanida Phromlah
Currently, in Thailand, proposed development projects require an Environmental Impact Assessment (EIA) as part of the approval process. Effective public participation in the process of developing an EIA helps to ensure fairness and equity for the EIA system. It enables stakeholders to share information and exchange views concerning the complex issues and likely impacts of the proposed development project. Thailand has substantial legislation and regulations that aim to enable public participation for EIA processes. However, implementation of public participation provisions is failing at least to some degree. This article explores how the law concerning public participation might be improved to enable better implementation of the EIA system in Thailand. Some methods for employing effective public participation to support the implementation of EIAs are proposed.
{"title":"Public participation: how can we make it work for the environmental impact assessment system in Thailand?","authors":"Wanida Phromlah","doi":"10.4337/APJEL.2018.02.03","DOIUrl":"https://doi.org/10.4337/APJEL.2018.02.03","url":null,"abstract":"Currently, in Thailand, proposed development projects require an Environmental Impact Assessment (EIA) as part of the approval process. Effective public participation in the process of developing an EIA helps to ensure fairness and equity for the EIA system. It enables stakeholders to share information and exchange views concerning the complex issues and likely impacts of the proposed development project. Thailand has substantial legislation and regulations that aim to enable public participation for EIA processes. However, implementation of public participation provisions is failing at least to some degree. This article explores how the law concerning public participation might be improved to enable better implementation of the EIA system in Thailand. Some methods for employing effective public participation to support the implementation of EIAs are proposed.","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2018-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47977754","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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