Pub Date : 2017-08-01DOI: 10.4337/APJEL.2017.01.06
S. Ling
{"title":"The ASEAN Agreement on Transboundary Haze Pollution: exploring mediation as a way forward","authors":"S. Ling","doi":"10.4337/APJEL.2017.01.06","DOIUrl":"https://doi.org/10.4337/APJEL.2017.01.06","url":null,"abstract":"","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":"20 1","pages":"138-161"},"PeriodicalIF":0.6,"publicationDate":"2017-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4337/APJEL.2017.01.06","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48738631","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.2017.01.04
M. Papas
{"title":"The 2030 Sustainable Development and the Paris Agreement - taking urgent action to combat climate change: How is Australia likely to fare?","authors":"M. Papas","doi":"10.4337/APJEL.2017.01.04","DOIUrl":"https://doi.org/10.4337/APJEL.2017.01.04","url":null,"abstract":"","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":"20 1","pages":"94-114"},"PeriodicalIF":0.6,"publicationDate":"2017-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4337/APJEL.2017.01.04","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45950218","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 : 2016-09-01DOI: 10.4337/APJEL.2016.01.06
B. Pritchard
{"title":"‘Walking a tightrope’: India's challenges in meeting the 2030 Sustainable Development Agenda with specific reference to climate change","authors":"B. Pritchard","doi":"10.4337/APJEL.2016.01.06","DOIUrl":"https://doi.org/10.4337/APJEL.2016.01.06","url":null,"abstract":"","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":"19 1","pages":"139-147"},"PeriodicalIF":0.6,"publicationDate":"2016-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4337/APJEL.2016.01.06","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70717288","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 : 2016-09-01DOI: 10.4337/APJEL.2016.01.07
Adam Byrne
{"title":"Book review: S Jayakumar, Tommy Koh, Robert Beckman and Hao Duy Phan (eds), Transboundary Pollution: Evolving Issues of International Law and Policy (Edward Elgar, Cheltenham 2015) 456pp.","authors":"Adam Byrne","doi":"10.4337/APJEL.2016.01.07","DOIUrl":"https://doi.org/10.4337/APJEL.2016.01.07","url":null,"abstract":"","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":"19 1","pages":"148-152"},"PeriodicalIF":0.6,"publicationDate":"2016-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4337/APJEL.2016.01.07","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70717497","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 : 2016-09-01DOI: 10.4337/APJEL.2016.01.09
M. Lim
{"title":"Book review: Simon Marsden and Elizabeth Brandon, Transboundary Environmental Governance in Asia: Practice and Prospects with the UNECE Agreements (Edward Elgar, Cheltenham 2015) 360pp.","authors":"M. Lim","doi":"10.4337/APJEL.2016.01.09","DOIUrl":"https://doi.org/10.4337/APJEL.2016.01.09","url":null,"abstract":"","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":"19 1","pages":"155-157"},"PeriodicalIF":0.6,"publicationDate":"2016-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4337/APJEL.2016.01.09","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70717599","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 : 2016-09-01DOI: 10.4337/APJEL.2016.01.08
Evan Hamman
{"title":"Book review: Joshua Bishop and Chloe Hill (eds), Global Biodiversity Finance: The Case for International Payments for Ecosystem Services (Edward Elgar, Cheltenham 2014) 208pp.","authors":"Evan Hamman","doi":"10.4337/APJEL.2016.01.08","DOIUrl":"https://doi.org/10.4337/APJEL.2016.01.08","url":null,"abstract":"","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":"19 1","pages":"153-154"},"PeriodicalIF":0.6,"publicationDate":"2016-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4337/APJEL.2016.01.08","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70717549","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}
The impacts of climate change traverse almost all areas of public policy. It is the interdisciplinary nature of climate change implications that has global policy leaders calling for the realignment of public policy with climate goals in accelerating the transition to a low carbon economy. This mandates the consideration of avenues other than siloed climate change law-making and policymaking in order to effectively mainstream climate change considerations into already embedded and accepted regulatory regimes and policymaking processes. The inference or insertion of environmental rights protections offers just one mechanism by which this can take hold. This is because human rights that are inextricably linked to environmental qualities are directly impacted by climate change and thereby carry with them the recognition and consideration of climate change mitigation and adaptation in order for their full and proper protection. Development policy and law already imports social and environmental impacts considerations, and thereby offers a medium through which such environmental rights protections can be transported. It is on this basis that this article looks to an environmental rights justification for the reform of development law and policy in mainstreaming positive climate change action. Examining the capacity of Myanmar’s draft environmental impact assessment procedure to afford environmental rights protections by way of example, this article builds on the current trends in climate change law-making discourse in Southeast Asia; being one that includes the reconstruction of established regulatory frameworks to incorporate a climate change agenda.
{"title":"Strengthening Environmental Rights and Protections within Development Law and Policy: A Vehicle for Mainstreaming Climate Action in Southeast Asia","authors":"S. Venuti","doi":"10.2139/SSRN.2715658","DOIUrl":"https://doi.org/10.2139/SSRN.2715658","url":null,"abstract":"The impacts of climate change traverse almost all areas of public policy. It is the interdisciplinary nature of climate change implications that has global policy leaders calling for the realignment of public policy with climate goals in accelerating the transition to a low carbon economy. This mandates the consideration of avenues other than siloed climate change law-making and policymaking in order to effectively mainstream climate change considerations into already embedded and accepted regulatory regimes and policymaking processes. The inference or insertion of environmental rights protections offers just one mechanism by which this can take hold. This is because human rights that are inextricably linked to environmental qualities are directly impacted by climate change and thereby carry with them the recognition and consideration of climate change mitigation and adaptation in order for their full and proper protection. Development policy and law already imports social and environmental impacts considerations, and thereby offers a medium through which such environmental rights protections can be transported. It is on this basis that this article looks to an environmental rights justification for the reform of development law and policy in mainstreaming positive climate change action. Examining the capacity of Myanmar’s draft environmental impact assessment procedure to afford environmental rights protections by way of example, this article builds on the current trends in climate change law-making discourse in Southeast Asia; being one that includes the reconstruction of established regulatory frameworks to incorporate a climate change agenda.","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":"18 1","pages":"147"},"PeriodicalIF":0.6,"publicationDate":"2015-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68269440","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}
This article examines the international legality of the projection of Australian adjudicative and enforcement jurisdiction against non-nationals in the Southern Ocean forming part the Antarctic Treaty Area. It sets out the Australian legal foundations on which Australian jurisdiction is currently being exercised for alleged breaches of Australian law applying to the Australian Antarctic Whale Sanctuary in the HSI v. Kyodo case. It then evaluates the exercise of Australian jurisdiction in light of the applicable international law. It accepts arguendo the factual basis of Australia's territorial claim in Antarctica, but nevertheless concludes that the extension of Australian jurisdiction over non-nationals in the purported Antarctic Australian Whale Sanctuary contravenes conventional and customary international law. In light of this conclusion, the article details the nature and importance of the ATS in order to highlight what is at stake by the challenged posed by the assertion of Australian jurisdiction. It then presents reasons why (in addition to illegality) the projection of Australian prescriptive, adjudicative and enforcement jurisdiction in what almost all other states consider the high seas off Antarctica is an unsound idea. The article concludes by arguing that the current Australian law conferring jurisdiction ought to be repealed.
{"title":"Australian Jurisdiction and Whales in Antarctica: Why the Australian Whale Sanctuary in Antarctic Waters Does Not Pass International Legal Muster and is also a Bad Idea as Applied to Non-Nationals","authors":"D. Anton","doi":"10.2139/SSRN.1127852","DOIUrl":"https://doi.org/10.2139/SSRN.1127852","url":null,"abstract":"This article examines the international legality of the projection of Australian adjudicative and enforcement jurisdiction against non-nationals in the Southern Ocean forming part the Antarctic Treaty Area. It sets out the Australian legal foundations on which Australian jurisdiction is currently being exercised for alleged breaches of Australian law applying to the Australian Antarctic Whale Sanctuary in the HSI v. Kyodo case. It then evaluates the exercise of Australian jurisdiction in light of the applicable international law. It accepts arguendo the factual basis of Australia's territorial claim in Antarctica, but nevertheless concludes that the extension of Australian jurisdiction over non-nationals in the purported Antarctic Australian Whale Sanctuary contravenes conventional and customary international law. In light of this conclusion, the article details the nature and importance of the ATS in order to highlight what is at stake by the challenged posed by the assertion of Australian jurisdiction. It then presents reasons why (in addition to illegality) the projection of Australian prescriptive, adjudicative and enforcement jurisdiction in what almost all other states consider the high seas off Antarctica is an unsound idea. The article concludes by arguing that the current Australian law conferring jurisdiction ought to be repealed.","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":"1 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2008-05-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68144981","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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