Pub Date : 2018-05-01DOI: 10.4337/APJEL.2018.01.02
B. Butterfield
{"title":"The potential role of climate change litigation in furthering the mitigation objectives of the Paris Agreement","authors":"B. Butterfield","doi":"10.4337/APJEL.2018.01.02","DOIUrl":"https://doi.org/10.4337/APJEL.2018.01.02","url":null,"abstract":"","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":"21 1","pages":"29-49"},"PeriodicalIF":0.6,"publicationDate":"2018-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49191163","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 : 2018-05-01DOI: 10.4337/apjel.2018.01.00
E. Couzens, T. Stephens, S. Karim
{"title":"Editorial: Public participation and the protection of biodiversity in the Asia Pacific region","authors":"E. Couzens, T. Stephens, S. Karim","doi":"10.4337/apjel.2018.01.00","DOIUrl":"https://doi.org/10.4337/apjel.2018.01.00","url":null,"abstract":"","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":"21 1","pages":"1-3"},"PeriodicalIF":0.6,"publicationDate":"2018-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4337/apjel.2018.01.00","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46337414","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 : 2018-05-01DOI: 10.4337/APJEL.2018.01.03
Laely Nurhidayah
{"title":"Marine biodiversity laws in Indonesia and Australia: mapping similarities and differences","authors":"Laely Nurhidayah","doi":"10.4337/APJEL.2018.01.03","DOIUrl":"https://doi.org/10.4337/APJEL.2018.01.03","url":null,"abstract":"","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":"21 1","pages":"50-76"},"PeriodicalIF":0.6,"publicationDate":"2018-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44442247","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 : 2017-08-21DOI: 10.4337/apjel.2017.01.01
P. Sand
This article begins with an assessment of an elderly wildlife-related treaty, the Convention on International Trade in Endangered Species of Wild Fauna and Flora, 1973 (CITES), and explains both how the convention was originally designed and how its Parties managed to develop it in innovative ways not envisaged by the original drafters. The article then turns to an assessment of the effectiveness of the convention in the modern world, and how an enforcement regime based on trade embargoes has been developed. This success, at least measured by indicators such as length of time it takes for states subject to sanctions to fall back into compliance, aside, the article then proceeds to question effectiveness as measured by indicators with less 'high face validity'. Through close analysis of the history of trade embargoes, it is demonstrated that by and large it is developing countries that have been the subjects of sanctions under CITES. In view of recent enforcement issues (illustrated by current whaling in the North Pacific), the article concludes by highlighting the quality of trust which, it is argued, is a critical requirement that must underpin the international regime if there is to be true legitimacy and, ultimately, credibility.
{"title":"International protection of endangered species in the face of wildlife trade: whither conservation diplomacy?","authors":"P. Sand","doi":"10.4337/apjel.2017.01.01","DOIUrl":"https://doi.org/10.4337/apjel.2017.01.01","url":null,"abstract":"This article begins with an assessment of an elderly wildlife-related treaty, the Convention on International Trade in Endangered Species of Wild Fauna and Flora, 1973 (CITES), and explains both how the convention was originally designed and how its Parties managed to develop it in innovative ways not envisaged by the original drafters. The article then turns to an assessment of the effectiveness of the convention in the modern world, and how an enforcement regime based on trade embargoes has been developed. This success, at least measured by indicators such as length of time it takes for states subject to sanctions to fall back into compliance, aside, the article then proceeds to question effectiveness as measured by indicators with less 'high face validity'. Through close analysis of the history of trade embargoes, it is demonstrated that by and large it is developing countries that have been the subjects of sanctions under CITES. In view of recent enforcement issues (illustrated by current whaling in the North Pacific), the article concludes by highlighting the quality of trust which, it is argued, is a critical requirement that must underpin the international regime if there is to be true legitimacy and, ultimately, credibility.","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":"20 1","pages":"5-27"},"PeriodicalIF":0.6,"publicationDate":"2017-08-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4337/apjel.2017.01.01","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48777981","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 : 2017-08-01DOI: 10.4337/apjel.2017.01.09
Josephine Gillespie
{"title":"Book review: Andrew Cock, Governing Cambodia's Forests: The International Politics of Policy Reform (Nordic Institute of Asian Studies, Denmark 2016) 302 pp.","authors":"Josephine Gillespie","doi":"10.4337/apjel.2017.01.09","DOIUrl":"https://doi.org/10.4337/apjel.2017.01.09","url":null,"abstract":"","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":"20 1","pages":"206-208"},"PeriodicalIF":0.6,"publicationDate":"2017-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4337/apjel.2017.01.09","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42384818","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 : 2017-08-01DOI: 10.4337/APJEL.2017.01.03
K. McCallum
{"title":"Changing landscapes: enforcing environmental laws in China through public interest litigation","authors":"K. McCallum","doi":"10.4337/APJEL.2017.01.03","DOIUrl":"https://doi.org/10.4337/APJEL.2017.01.03","url":null,"abstract":"","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":"20 1","pages":"57-93"},"PeriodicalIF":0.6,"publicationDate":"2017-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4337/APJEL.2017.01.03","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47047128","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 : 2017-08-01DOI: 10.4337/APJEL.2017.01.02
K. Brent
The customary law duty to prevent significant transboundary harm and harm to the global commons (‘no-harm’ rule) has developed considerably since it was first enunciated in the 1938/1941 Trail Smelter arbitration. This article reflects on this development and analyses what implications the 2015 Certain Activities case has for existing understandings of the no-harm rule. The International Court of Justice (ICJ)'s judgment provides greater clarity concerning procedural obligations flowing from the no-harm rule by establishing a positive obligation to ascertain risk and a sequence in which procedural obligations arise. However, it raises questions concerning the nature of the substantive obligation under the no-harm rule. Specifically, whether breach of the substantive obligation is subject to establishing that an activity has resulted in significant transboundary harm. The ambiguity in the Certain Activities case highlights the need to further clarify and develop the content of the no-harm rule to better enable it to contribute to the governance of contemporary transboundary and global environmental problems.
{"title":"The certain activities case: what implications for the no-harm rule?","authors":"K. Brent","doi":"10.4337/APJEL.2017.01.02","DOIUrl":"https://doi.org/10.4337/APJEL.2017.01.02","url":null,"abstract":"The customary law duty to prevent significant transboundary harm and harm to the global commons (‘no-harm’ rule) has developed considerably since it was first enunciated in the 1938/1941 Trail Smelter arbitration. This article reflects on this development and analyses what implications the 2015 Certain Activities case has for existing understandings of the no-harm rule. The International Court of Justice (ICJ)'s judgment provides greater clarity concerning procedural obligations flowing from the no-harm rule by establishing a positive obligation to ascertain risk and a sequence in which procedural obligations arise. However, it raises questions concerning the nature of the substantive obligation under the no-harm rule. Specifically, whether breach of the substantive obligation is subject to establishing that an activity has resulted in significant transboundary harm. The ambiguity in the Certain Activities case highlights the need to further clarify and develop the content of the no-harm rule to better enable it to contribute to the governance of contemporary transboundary and global environmental problems.","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":"20 1","pages":"28-56"},"PeriodicalIF":0.6,"publicationDate":"2017-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4337/APJEL.2017.01.02","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42362653","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 : 2017-08-01DOI: 10.4337/APJEL.2017.01.08
T. Sarangi
In protected areas, natural resources support the livelihood needs of local communities, but human activity affects wildlife survival and biodiversity conservation, and leads to serious human–animal conflict, such as crop raiding, livestock predation, and loss of human life. Therefore, the future of wildlife is always in conflict with the livelihood of communities. The Forest Rights Act, 2006 recognises the basic livelihood rights of forest dwellers, but its implementation is besieged with several problems at various institutional levels. With special reference to the implementation of the Forest Rights Act in protected areas of Odisha, this paper discusses the conflict between concepts of conservation and livelihood of people, and suggests some ways to strengthen livelihoods. : Forest, livelihoods, protected areas, rights, tribals : Q 23, Q 24, Q 28 Keywords
{"title":"The Forest Rights Act 2006 in protected areas of Odisha, India: contextualizing the conflict between conservation and livelihood","authors":"T. Sarangi","doi":"10.4337/APJEL.2017.01.08","DOIUrl":"https://doi.org/10.4337/APJEL.2017.01.08","url":null,"abstract":"In protected areas, natural resources support the livelihood needs of local communities, but human activity affects wildlife survival and biodiversity conservation, and leads to serious human–animal conflict, such as crop raiding, livestock predation, and loss of human life. Therefore, the future of wildlife is always in conflict with the livelihood of communities. The Forest Rights Act, 2006 recognises the basic livelihood rights of forest dwellers, but its implementation is besieged with several problems at various institutional levels. With special reference to the implementation of the Forest Rights Act in protected areas of Odisha, this paper discusses the conflict between concepts of conservation and livelihood of people, and suggests some ways to strengthen livelihoods. : Forest, livelihoods, protected areas, rights, tribals : Q 23, Q 24, Q 28 Keywords","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":"20 1","pages":"180-205"},"PeriodicalIF":0.6,"publicationDate":"2017-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4337/APJEL.2017.01.08","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46284864","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 : 2017-08-01DOI: 10.4337/APJEL.2017.01.05
D. Leary
{"title":"The prevailing wind: recent developments, challenges and future prospects for wind energy in the coastal zone in key jurisdictions in the Asia-Pacific region","authors":"D. Leary","doi":"10.4337/APJEL.2017.01.05","DOIUrl":"https://doi.org/10.4337/APJEL.2017.01.05","url":null,"abstract":"","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":"20 1","pages":"115-137"},"PeriodicalIF":0.6,"publicationDate":"2017-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4337/APJEL.2017.01.05","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49271201","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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