Pub Date : 2024-08-10DOI: 10.1177/14614529241263393
G. Okara
{"title":"Book Review: The North Sea System for Petroleum Production, State Intervention on the British and Norwegian Continental Shelves by Brent F Nelsen and Tina Soliman Hunter","authors":"G. Okara","doi":"10.1177/14614529241263393","DOIUrl":"https://doi.org/10.1177/14614529241263393","url":null,"abstract":"","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"1 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-08-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141920866","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 : 2024-07-23DOI: 10.1177/14614529241258710
Vic Duarte
The Strengthening Environmental Protection for a Healthier Canada Act (SEPHCA), Canada's most recent attempt at mobilising federal and provincial action, does not go far enough toward depoliticising environmental justice within its borders. Based on a comprehensive review of legislative and academic literature, the current paper argues for the codification of the right to a healthy environment to be enshrined in Canada's Charter of Rights and Freedoms. In doing so, Canada will realise the merits of ecological constitutionalism, meet the standards of the United Nations and the international human rights discourse, and realise its sustainable development goals in light of the triple planetary crisis.
{"title":"Ecological constitutionalism within the Canadian context: Charter-ing international standards of the human right to a healthy environment","authors":"Vic Duarte","doi":"10.1177/14614529241258710","DOIUrl":"https://doi.org/10.1177/14614529241258710","url":null,"abstract":"The Strengthening Environmental Protection for a Healthier Canada Act (SEPHCA), Canada's most recent attempt at mobilising federal and provincial action, does not go far enough toward depoliticising environmental justice within its borders. Based on a comprehensive review of legislative and academic literature, the current paper argues for the codification of the right to a healthy environment to be enshrined in Canada's Charter of Rights and Freedoms. In doing so, Canada will realise the merits of ecological constitutionalism, meet the standards of the United Nations and the international human rights discourse, and realise its sustainable development goals in light of the triple planetary crisis.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"83 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141812940","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 : 2024-06-05DOI: 10.1177/14614529241259879
Laura Holden
Import and export controls ensure plant pests and diseases harmful to food production, the plants across our landscape, and ecosystem services, are not moved during trade. The ‘International Plant Protection Convention’ (IPPC) provides the framework for applying preventive measures where they are technically justified, and stipulates controls are not to be used as arbitrary restrictions on international trade. This article examines the aims of the Brexit trade agreements and reviews their alignment with the IPPC and other World Trade Organisation agreements. It argues that unjustified controls have been applied under the guise of protective requirements (contributing to EU-GB trade disruption) and identifies a divergence at the point of regulatory implementation of these laws and treaties by official bodies on both sides. The article reviews the position of Northern Ireland, which, to avoid a ‘hard border’ on the island of Ireland, remains under the European Union (EU)'s plant health (phytosanitary) regime. Reflecting on legislative options available to bring the application of plant health regulations into alignment with the IPPC (such as dispute resolution), these options remain unused. However, the possibility of utilising ‘import authorisations’ would leave neither Great Britain nor EU Member States exposed to any greater environmental risk than that under the single market.
{"title":"From farm to fork? Brexit and the International Plant Protection Convention","authors":"Laura Holden","doi":"10.1177/14614529241259879","DOIUrl":"https://doi.org/10.1177/14614529241259879","url":null,"abstract":"Import and export controls ensure plant pests and diseases harmful to food production, the plants across our landscape, and ecosystem services, are not moved during trade. The ‘International Plant Protection Convention’ (IPPC) provides the framework for applying preventive measures where they are technically justified, and stipulates controls are not to be used as arbitrary restrictions on international trade. This article examines the aims of the Brexit trade agreements and reviews their alignment with the IPPC and other World Trade Organisation agreements. It argues that unjustified controls have been applied under the guise of protective requirements (contributing to EU-GB trade disruption) and identifies a divergence at the point of regulatory implementation of these laws and treaties by official bodies on both sides. The article reviews the position of Northern Ireland, which, to avoid a ‘hard border’ on the island of Ireland, remains under the European Union (EU)'s plant health (phytosanitary) regime. Reflecting on legislative options available to bring the application of plant health regulations into alignment with the IPPC (such as dispute resolution), these options remain unused. However, the possibility of utilising ‘import authorisations’ would leave neither Great Britain nor EU Member States exposed to any greater environmental risk than that under the single market.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"20 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141385183","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 : 2024-05-21DOI: 10.1177/14614529241254011
Vindhya Gupta, Dhanaji Jadhav, Bindu Ronald
Early industrialization of the developed countries has enabled their leadership in technological innovation, including environmentally sound technologies. ESTs are technologies that help prevent, control, or reduce greenhouse gas emissions. Endorsed as an integral part of climate action, a binding obligation to ensure access for global south to these technologies remains missing from international environment law and international intellectual property rights law. Transfer of technology also faces certain economic barriers such as lack of infrastructure and human resources that enable adoption and absorption of ESTs. Moreover, there exists ideological differences between developed countries and developing and least developed countries regarding mechanism of technology transfer, creating an impasse in international negotiations to achieve EST transfer. In this paper the author has attempted to reframe the discussion on transfer of ESTs through a climate justice perspective. An incorporation of the practical aspects of the common but differentiated responsibilities of the developed countries into the TRIPS regime, in the form of binding obligations to technology transfer and financial assistance, or relaxations in patent protections, may provide adequate resolution. A balanced and rational approach to EST transfer, beyond the exigencies of global politics, is necessary for the continued prosperity of the Earth.
{"title":"Transfer of ESTs in international law: A climate justice approach","authors":"Vindhya Gupta, Dhanaji Jadhav, Bindu Ronald","doi":"10.1177/14614529241254011","DOIUrl":"https://doi.org/10.1177/14614529241254011","url":null,"abstract":"Early industrialization of the developed countries has enabled their leadership in technological innovation, including environmentally sound technologies. ESTs are technologies that help prevent, control, or reduce greenhouse gas emissions. Endorsed as an integral part of climate action, a binding obligation to ensure access for global south to these technologies remains missing from international environment law and international intellectual property rights law. Transfer of technology also faces certain economic barriers such as lack of infrastructure and human resources that enable adoption and absorption of ESTs. Moreover, there exists ideological differences between developed countries and developing and least developed countries regarding mechanism of technology transfer, creating an impasse in international negotiations to achieve EST transfer. In this paper the author has attempted to reframe the discussion on transfer of ESTs through a climate justice perspective. An incorporation of the practical aspects of the common but differentiated responsibilities of the developed countries into the TRIPS regime, in the form of binding obligations to technology transfer and financial assistance, or relaxations in patent protections, may provide adequate resolution. A balanced and rational approach to EST transfer, beyond the exigencies of global politics, is necessary for the continued prosperity of the Earth.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"38 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141113470","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 : 2024-05-01DOI: 10.1177/14614529241247361
Laura Holden, Robert G Lee, Luisa Orsini, Niamh Eastwood, Jiarui Zhou, Aleksandra Čavoški
Global biodiversity has been lost at an alarming rate in the past century leading to what is often described as ‘the sixth mass extinction'. Leading causes of this loss are chemical pollution, habitat loss, unsustainable use of resources, invasive species, and climate change. Such environmental change can alter ecosystem functions irreversibly, leading to a direct loss of ecosystem services, such as food provision, climate regulation, and cultural services, which are estimated to have a global value of tens of trillions of dollars. International governing bodies have repeatedly set targets to preserve biodiversity and ecosystem services, especially within the framework of the UN Convention on Biological Diversity (CBD). Despite nation states’ pledges at the Rio Summit in 1992 to conserve biological diversity, progress has been lamentable. One reason for such failure is that action to redress biodiversity loss depends on national governments but it is of relatively low concern on the public agenda. This article reviews the UK and EU legal and policy biodiversity frameworks and exposes some of the complexities surrounding biodiversity loss, including non-compliance, public awareness, and valuation. Following a multidisciplinary roundtable on biodiversity in 2023, we suggest policy recommendations to overcome these issues.
{"title":"Biodiversity management challenges: A policy brief","authors":"Laura Holden, Robert G Lee, Luisa Orsini, Niamh Eastwood, Jiarui Zhou, Aleksandra Čavoški","doi":"10.1177/14614529241247361","DOIUrl":"https://doi.org/10.1177/14614529241247361","url":null,"abstract":"Global biodiversity has been lost at an alarming rate in the past century leading to what is often described as ‘the sixth mass extinction'. Leading causes of this loss are chemical pollution, habitat loss, unsustainable use of resources, invasive species, and climate change. Such environmental change can alter ecosystem functions irreversibly, leading to a direct loss of ecosystem services, such as food provision, climate regulation, and cultural services, which are estimated to have a global value of tens of trillions of dollars. International governing bodies have repeatedly set targets to preserve biodiversity and ecosystem services, especially within the framework of the UN Convention on Biological Diversity (CBD). Despite nation states’ pledges at the Rio Summit in 1992 to conserve biological diversity, progress has been lamentable. One reason for such failure is that action to redress biodiversity loss depends on national governments but it is of relatively low concern on the public agenda. This article reviews the UK and EU legal and policy biodiversity frameworks and exposes some of the complexities surrounding biodiversity loss, including non-compliance, public awareness, and valuation. Following a multidisciplinary roundtable on biodiversity in 2023, we suggest policy recommendations to overcome these issues.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"19 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141041993","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 : 2024-03-29DOI: 10.1177/14614529231197247
Verity LJ Adams, Michael Haywood, Sarah Ismail, Trinity Chambers
{"title":"Quarterly Comment by Trinity Chambers","authors":"Verity LJ Adams, Michael Haywood, Sarah Ismail, Trinity Chambers","doi":"10.1177/14614529231197247","DOIUrl":"https://doi.org/10.1177/14614529231197247","url":null,"abstract":"","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"40 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140368113","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 : 2024-03-27DOI: 10.1177/14614529241239411
Verity LJ Adams, Sarah Ismail Trinity Chambers
{"title":"Environmental Law Review2023Quarterly Comment by Trinity Chambers","authors":"Verity LJ Adams, Sarah Ismail Trinity Chambers","doi":"10.1177/14614529241239411","DOIUrl":"https://doi.org/10.1177/14614529241239411","url":null,"abstract":"","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"17 20","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140375706","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 : 2024-03-26DOI: 10.1177/14614529241230680
Shashikant Yadav, C. Bhardwaj, Gopal K Sarangi
India has characterised shale gas as a transitional energy source and is planning to commercially scale the extraction of shale gas through hydraulic fracturing (fracking). Currently, India has announced 56 fracking projects spread across six Indian states. In doing so, exploration of shale gas resources has started in India. The regulations that govern conventional extraction processes are also applicable to fracking activities. The conflation of fracking with conventional drilling processes in India's regulatory approach may have implications for the country's water security, given the unique risks that fracking poses to water resources. This article analyses India's regulatory framework applicable to fracking-specific water (FSW) issues. In doing so, this article identifies four key paradigms of water security and maps these key paradigms with the US fracking experience, identifying four key FSW issues. Subsequently, this article evaluates if India's multilevel regulatory system regulates the identified four FSW issues. In conclusion, this research finds that before commercially scaling fracking operations, India must conduct a scientific inquiry on the impact of proposed fracking projects on its water resources. In doing so, it must re-examine its regulations at the federal and state levels to comprehensively cover FSW issues.
{"title":"Emerging regulatory gaps in fracking-specific water security issues in India: Lessons from the United States ‘Shale Revolution’","authors":"Shashikant Yadav, C. Bhardwaj, Gopal K Sarangi","doi":"10.1177/14614529241230680","DOIUrl":"https://doi.org/10.1177/14614529241230680","url":null,"abstract":"India has characterised shale gas as a transitional energy source and is planning to commercially scale the extraction of shale gas through hydraulic fracturing (fracking). Currently, India has announced 56 fracking projects spread across six Indian states. In doing so, exploration of shale gas resources has started in India. The regulations that govern conventional extraction processes are also applicable to fracking activities. The conflation of fracking with conventional drilling processes in India's regulatory approach may have implications for the country's water security, given the unique risks that fracking poses to water resources. This article analyses India's regulatory framework applicable to fracking-specific water (FSW) issues. In doing so, this article identifies four key paradigms of water security and maps these key paradigms with the US fracking experience, identifying four key FSW issues. Subsequently, this article evaluates if India's multilevel regulatory system regulates the identified four FSW issues. In conclusion, this research finds that before commercially scaling fracking operations, India must conduct a scientific inquiry on the impact of proposed fracking projects on its water resources. In doing so, it must re-examine its regulations at the federal and state levels to comprehensively cover FSW issues.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"121 42","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140380063","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 : 2024-03-26DOI: 10.1177/14614529241235384
Kenny Ng
This article explores from an international law perspective how taxation can be used by states as an instrument to address the mutually reinforcing themes of sustainability and human rights, and to sustain a civilisation. In doing so, the article discusses how far the maximisation of financial resources through a domestic tax system is necessary for the attainment of the United Nations Sustainable Development Goals. It further discusses whether tax avoidance by multinational enterprises is an infringement of the human rights obligations undertaken by states under the International Covenant on Economic, Social and Cultural Rights.
{"title":"Sustainable sides of taxation: An international law approach","authors":"Kenny Ng","doi":"10.1177/14614529241235384","DOIUrl":"https://doi.org/10.1177/14614529241235384","url":null,"abstract":"This article explores from an international law perspective how taxation can be used by states as an instrument to address the mutually reinforcing themes of sustainability and human rights, and to sustain a civilisation. In doing so, the article discusses how far the maximisation of financial resources through a domestic tax system is necessary for the attainment of the United Nations Sustainable Development Goals. It further discusses whether tax avoidance by multinational enterprises is an infringement of the human rights obligations undertaken by states under the International Covenant on Economic, Social and Cultural Rights.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"111 33","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140380377","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 : 2024-03-21DOI: 10.1177/14614529241239292
Pia Rebelo, Cyril Uchenna Amaefule
Due to diminishing ice shelves in the Arctic, no doubt caused by climate change, previously unnavigable marine spaces are opening up, which in turn may provide new maritime routes. The shipping and maritime industry may capitalise on these routes more in the future as they provide shorter sailing times, and may assist with increasing oil and gas exploration and extraction in the region. However, increased maritime expansion in the Arctic comes with a number of unique risks and hazards for the insured and insurer. This opinion therefore seeks to discuss the implications of the multitude of risks that are associated with Arctic shipping from a marine insurance perspective and to highlight some of the gaps in existing regulatory frameworks. It is argued that marine insurers require improved data and risk management methodologies in order to better calculate the premiums of Hull & Machinery (H&M) and Protection & Indemnity (P&I) insurance policies for ships travelling through the Arctic. Until such time as these risks can be adequately assessed, evaluated, and managed by insurers; which of course is extremely difficult, due to the extreme environment, the unpredictability of climate change, a lack of key data, and the complexity of the various scenarios that can unfold in the Arctic environment, the practical viability of Arctic shipping remains doubtful. To date, insurers have paid out more in ship damage that has occurred in the Arctic than they have collected in premiums, which in itself is problematic. This situation may change in the future if Arctic shipping grows, and if it does the insurance market will no doubt, need to respond.
{"title":"Warming up to Arctic shipping: Unique risk management challenges for marine insurers","authors":"Pia Rebelo, Cyril Uchenna Amaefule","doi":"10.1177/14614529241239292","DOIUrl":"https://doi.org/10.1177/14614529241239292","url":null,"abstract":"Due to diminishing ice shelves in the Arctic, no doubt caused by climate change, previously unnavigable marine spaces are opening up, which in turn may provide new maritime routes. The shipping and maritime industry may capitalise on these routes more in the future as they provide shorter sailing times, and may assist with increasing oil and gas exploration and extraction in the region. However, increased maritime expansion in the Arctic comes with a number of unique risks and hazards for the insured and insurer. This opinion therefore seeks to discuss the implications of the multitude of risks that are associated with Arctic shipping from a marine insurance perspective and to highlight some of the gaps in existing regulatory frameworks. It is argued that marine insurers require improved data and risk management methodologies in order to better calculate the premiums of Hull & Machinery (H&M) and Protection & Indemnity (P&I) insurance policies for ships travelling through the Arctic. Until such time as these risks can be adequately assessed, evaluated, and managed by insurers; which of course is extremely difficult, due to the extreme environment, the unpredictability of climate change, a lack of key data, and the complexity of the various scenarios that can unfold in the Arctic environment, the practical viability of Arctic shipping remains doubtful. To date, insurers have paid out more in ship damage that has occurred in the Arctic than they have collected in premiums, which in itself is problematic. This situation may change in the future if Arctic shipping grows, and if it does the insurance market will no doubt, need to respond.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":" 79","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140221883","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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