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Increasing access to water through flexible entitlements? 通过灵活的权利增加对水的获取?
Q2 Social Sciences Pub Date : 2023-03-01 DOI: 10.1177/14614529231156485
Bettina Lange, P. R. Williams, B. Bendall
This article discusses 2 ideas for reforming abstraction of water from the natural environment in order to provide a balance between environmental protection and secure, sustainable access to water also for future generations. This matters in light of an increased risk of water scarcity and drought due to growth and a changing climate. The first of these ideas – a sliding scale of legal protection for abstractions seeks to match the strength of legal protection through the abstraction licence to how much water is abstracted, as well as to how critical to business use, and environmentally beneficial the abstraction is. The second idea – ‘bubble licensing’ – involves capping the amount of water available for abstraction in a catchment and to promote exchanges of water between abstractors, not just through trading, but also through reciprocity exchanges and bartering. This collective action approach is intended to transcend an individual fixed entitlement approach to abstracting water. The article develops its argument through an analysis of literature on water rights, pollution trading, water charges, as well as a reference to ongoing reform debates about abstraction licensing in England.
本文讨论了改革从自然环境中提取水的两种想法,以便为子孙后代提供环境保护与安全、可持续用水之间的平衡。由于经济增长和气候变化,水资源短缺和干旱的风险增加,这一点很重要。第一个想法——对抽象化的法律保护的浮动范围——试图通过抽象化许可证将法律保护的力度与抽象化的水量、对商业使用的重要性以及对环境的有益程度相匹配。第二个想法——“泡沫许可”——涉及限制集水区可用于抽取的水量,并促进抽取者之间的水交换,不仅通过交易,而且通过互惠交换和物物交换。这种集体行动的方法旨在超越个人固定权利的方法来提取水。本文通过对水权、污染交易、水费的文献分析,以及对英国正在进行的关于抽象许可的改革辩论的参考,来发展其论点。
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引用次数: 0
Quarterly Comment by Trinity Chambers 钱伯斯的季度评论
Q2 Social Sciences Pub Date : 2023-03-01 DOI: 10.1177/14614529231162052
Verity LJ Adams, Michael Haywood, Sarah Ismail
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引用次数: 0
Carbon tax as a climate intervention in South Africa: A potential aid or hindrance to human rights? 碳税作为南非的气候干预措施:对人权的潜在帮助还是阻碍?
Q2 Social Sciences Pub Date : 2023-03-01 DOI: 10.1177/14614529221149836
Muano Nemavhidi, A. O. Jegede
Carbon tax has attracted attention as an instrument of climate action for transiting towards the objective of stabilising global temperatures below 2 °C. Its significance as a response to climate change is, however, disputed. Also, its possible implications on key fundamental human rights of poor populations are rarely discussed. South Africa enacted a Carbon Tax Act in 2019 amid the challenge of poverty and its commitments to both climate actions and human rights. This paper interrogates the significance of the Carbon Tax Act and clarifies the potential implications that it may have on key human rights of poor populations. It recommends the need to channel the revenue generated from the implementation of the Carbon Tax Act to address its potential adverse impact on human rights of poor populations in South Africa.
碳税作为向将全球气温稳定在2摄氏度以下的目标过渡的气候行动工具引起了人们的关注。然而,它作为应对气候变化措施的意义却存在争议。此外,它对贫穷人口的关键基本人权可能产生的影响也很少讨论。面对贫困的挑战及其对气候行动和人权的承诺,南非于2019年颁布了《碳税法案》。本文探讨了碳税法案的重要性,并阐明了它可能对贫困人口的关键人权产生的潜在影响。委员会建议有必要将实施《碳税法案》所产生的收入用于解决其对南非贫困人口人权的潜在不利影响。
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引用次数: 1
Reforming the UK Furniture and Furnishings (Fire) (Safety) Regulations 1988 改革1988年英国家具和陈设(消防)(安全)条例
Q2 Social Sciences Pub Date : 2023-03-01 DOI: 10.1177/14614529221146622
Jamie Page, P. Whaley, Aleksandra Čavoški
This paper discusses the need for wider reform of UK chemicals policy following exit of the UK from the EU, focusing on chemical flame retardants as an example. Exposure to these chemicals presents a range of human environmental health issues and reveals important limitations in the UK’s approach to reconciling fire safety with environmental and public health protections. Key strategic issues that would advance evidence-informed policy in this area are identified.
本文讨论了英国退出欧盟后对英国化学品政策进行更广泛改革的必要性,以化学阻燃剂为例。接触这些化学品带来了一系列人类环境健康问题,并揭示了英国在协调消防安全与环境和公众健康保护方面的重大局限性。确定了在这一领域推进循证政策的关键战略问题。
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引用次数: 0
Contaminated land, green energy and the energy crisis: Should contaminated land sites be targeted and used to produce renewable energy in the United Kingdom? 受污染的土地、绿色能源和能源危机:英国是否应该针对受污染的土地生产可再生能源?
Q2 Social Sciences Pub Date : 2023-03-01 DOI: 10.1177/14614529231162320
L. Brown, Jasbinder Ghag
This opinion asks the question of whether contaminated land sites ‘can’ and ‘should’ be used to provide renewable energy in the United Kingdom (UK)? This question in turn raises many other questions and scenarios which have yet to be considered, explored and resolved, by relevant stakeholders regarding the use of such sites. Detailed assessments need to be undertaken to understand what the impact of using these sites would have on the environment, local communities, and whether the renewable energy obtained would make a significant difference in reducing the UK's reliance on fossil fuels. It may be that due to the long timescales involved, as a result of the need to monitor and evaluate such sites over time (in contrast to the speed of change that is actually required in practice to deal with the current energy crisis), that this proposal does not provide a ‘quick fix’ but is nonetheless something that the UK government should consider more fully now, as it could help with mitigating the ‘energy and environmental crisis’ over the longer term. In other parts of the world such as the United States of America (USA), contaminated land is actively being reused to provide renewable energy.
这一观点提出了一个问题,即受污染的土地是否“可以”和“应该”用于在英国提供可再生能源?这个问题反过来又提出了许多其他问题和情景,这些问题和情景有待有关利益攸关方在使用这些场地方面加以考虑、探索和解决。需要进行详细的评估,以了解使用这些地点对环境和当地社区的影响,以及获得的可再生能源是否会在减少英国对化石燃料的依赖方面产生重大影响。可能由于长时间尺度,由于需要监控和评估这些网站(与速度的变化实际上是需要在实践中解决当前能源危机),这个提议并没有提供一个“快速修复”,但尽管如此,英国政府现在应该考虑更全面,因为它可以帮助减轻长期的能源和环境危机。在世界其他地区,例如美利坚合众国(美国),受污染的土地正在积极地重新利用,以提供可再生能源。
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引用次数: 0
The Energy Prices Act 2022: A barrier to net zero? 《2022年能源价格法案》:实现净零排放的障碍?
Q2 Social Sciences Pub Date : 2023-03-01 DOI: 10.1177/14614529221146633
C. Caine
This legislative note evaluates the recently introduced Energy Prices Act 2022, particularly with respect to the impact that it might have on the renewables industry and the UK's ability to meet its climate change targets through the installation of renewable energy technology. The Act comes at a time where the UK and many other countries are gripped by both a global energy crisis and a cost of living crisis which has resulted in significant struggles, with some households in the UK being forced to choose whether to heat and power their homes or pay for food. The Energy Prices Act 2022 was introduced to reduce the financial burden of energy bills, and also to limit the profits made by low carbon generators. Since the enactment of the Act, further developments have been made in both of these fields. This legislative note will evaluate the contents of the Act itself, along with the further developments which have taken place and will analyse the potential impact that these changes could have on the renewables industry.
这份立法说明评估了最近推出的《2022年能源价格法案》,特别是关于它可能对可再生能源行业和英国通过安装可再生能源技术实现其气候变化目标的能力产生的影响。该法案出台之际,英国和许多其他国家都受到全球能源危机和生活成本危机的困扰,这导致了巨大的挣扎,英国的一些家庭被迫在供暖和供电还是支付食品费用之间做出选择。《2022年能源价格法案》的出台是为了减轻能源账单的财政负担,并限制低碳发电企业的利润。自该法令颁布以来,这两个领域都取得了进一步的发展。这份立法说明将评估法案本身的内容,以及已经发生的进一步发展,并将分析这些变化可能对可再生能源行业产生的潜在影响。
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引用次数: 0
R (Wyatt) v Fareham Borough Council: Worst case scenario and habitats protection R(怀亚特)诉法勒姆区议会:最坏的情况和栖息地保护
Q2 Social Sciences Pub Date : 2022-11-30 DOI: 10.1177/14614529221141669
E. Lees
The Court of Appeal has once again addressed the rules under the Conservation of Habitats and Species Regulations 2017 1 / Habitats Directive 2 in R (Wyatt) v Fareham Borough Council . 3 Whilst the Court expli-citly states that there are no new questions of law in this case, 4 the judgment of Lindblom LJ is nevertheless signi fi cant in the way that it treats disputes concerning expert guidance and evidence in relation to conservation. The legal principles being applied were indeed settled, but the clarity of their expression in this judgment is very helpful. The case provides a useful, up-to-date summary of the tests which have been developed by the Court of Justice of European Union (CJEU) 5 and the domestic courts in relation to the lawfulness of appropriate assessments under regulation 63 Habitats Regulations/ article 6 Habitats Directive. It also explores the relationships between Court, administrative authority, expert administrative agencies, and other scienti fi c advisors. I have explored the complex power relationships that have emerged in the operation of the Habitats Directive in respect of these actors elsewhere. 6 This judgment goes a long way to presenting a clear and accurate snapshot of how those relationships (should) work.
上诉法院在R (Wyatt)诉Fareham自治市议会的案件中再次处理了《2017年栖息地和物种保护条例》1 /栖息地指令2的规定。虽然最高法院明确声明本案中不存在新的法律问题,但林德布洛姆法官的判决在处理与保护相关的专家指导和证据争议的方式上仍然具有重要意义。所适用的法律原则确实已得到解决,但这项判决对这些原则的明确表达很有帮助。该案例提供了欧洲联盟法院(CJEU) 5和国内法院根据《生境条例》第63条/《生境指令》第6条制定的有关适当评估合法性的测试的有用的最新摘要。它还探讨了法院、行政当局、专家行政机构和其他科学顾问之间的关系。我探索了在栖息地指令的运作中出现的复杂的权力关系,这些关系涉及到其他地方的这些行动者。这种判断有助于清晰而准确地勾勒出这些关系(应该)如何运作。
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引用次数: 0
Law and economics behind ecocide: Juggling between rules and standards 生态灭绝背后的法律和经济学:规则和标准之间的平衡
Q2 Social Sciences Pub Date : 2022-11-30 DOI: 10.1177/14614529221107740
Shailja Rawal
When natural environment is under an attack, humans suffer too but should “Ecocide” which literally translates into “killing the environment” be made a criminal offence and if yes, then how will such a law work out? Considering the current inadequacies in environmental governance and increasing catastrophic consequences, very recently, a proposal has been made in order to include ecocide as the fifth international crime. If and when promulgated as law, this should yield in a novel historic shift towards adopting a non-anthropocentric approach. Implementation of ecocide as a legal command, albeit an appreciable idea, involves certain challenges in terms of drafting and promulgating such command as a “rule” or “standard”. This paper, through a law and economics perspective, while discussing the various shortcomings, critiques the definition for its standard-like approach. Legally and economically, promulgation of any command can be either in the form of rules or standards. However, considering the lack of consensus and inconsistent usage of the terms in the definition, the proposal seems to be a closer fit within the latter category. This however, not only falls inconsistent with the envisioned aim of creating certainty and predictability but also falters within a sound regime of cost benefit analysis. The idea is to propose a combination of “ex ante” determination of law i.e., formulation of rule and “ex post” liability in the contingency of the said rule being violated. This is especially important considering the penal repercussions associated with the crime. That being said, it is acknowledged that even the implementation of rules might have certain shortcomings yet the idea is not to prove that ecocide as a rule is intrinsically the best; instead, it is at least perceived to be better than the rest.
当自然环境受到攻击时,人类也会受到影响,但是“生态灭绝”(字面上翻译为“杀死环境”)是否应该被定为刑事犯罪,如果是,那么这样的法律将如何实施?考虑到目前环境治理的不足和日益严重的灾难性后果,最近,有人提议将生态灭绝列为第五种国际罪行。如果作为法律颁布,这应该会产生一种新的历史性转变,即采用一种非人类中心主义的方法。生态灭绝作为一项法律命令的执行,虽然是一个值得赞赏的想法,但在起草和颁布这种命令作为“规则”或“标准”方面涉及某些挑战。本文通过法律和经济学的视角,在讨论其各种缺陷的同时,对其标准化方法的定义进行了批评。在法律上和经济上,任何命令的颁布都可以采用规则或标准的形式。但是,考虑到该定义中各术语缺乏协商一致意见和用法不一致,该提案似乎更适合后一类。然而,这不仅不符合创造确定性和可预测性的设想目标,而且也不符合成本效益分析的健全制度。其想法是建议将“事前”确定法律,即制定规则和在违反上述规则的意外情况下的“事后”责任结合起来。考虑到与犯罪有关的刑事后果,这一点尤其重要。话虽如此,我们承认即使规则的实施也可能有某些缺点,但我们的想法并不是要证明生态灭绝作为一种规则本质上是最好的;相反,它至少被认为比其他的要好。
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引用次数: 0
Shifting the burden of emissions permit approval in the United States: The case for improved state action 转移美国排放许可审批的负担:改进州行动的案例
Q2 Social Sciences Pub Date : 2022-11-30 DOI: 10.1177/14614529221141670
E. Piekarz-Porter, M. Cailas
Federal regulations in the United States of America concerning the environment are currently in the process of being re-implemented and redeveloped after years of roll-back under the Trump Administration. This opinion recommends three steps that individual states could take to support stronger environmental policies, which are rooted in ‘environmental justice’ in relation to issuing emission permits, so as to mitigate the impact of industry upon overburdened communities, and in doing so improve air quality, whilst the federal government reworks its own standards. Given the current political situation, which is heavily contested, and the complicated legal structure of the USA the opinion concludes, that in the context of issuing permits, and having considered a range of environmental law issues at each level of the United States government, that states have a vital role to play in mitigating the ‘environmental impact’ of pollution on underserved communities, and in tackling other environmental problems.
美利坚合众国有关环境的联邦法规在特朗普政府执政多年后,目前正在重新实施和重新制定。该意见建议各州可以采取三个步骤来支持更强有力的环境政策,这些政策植根于与排放许可证有关的“环境正义”,从而减轻工业对负担过重的社区的影响,并在这样做的同时改善空气质量,同时联邦政府重新制定自己的标准。鉴于目前的政治形势,这是激烈的争论,以及美国复杂的法律结构,该意见书的结论是,在发放许可证的背景下,考虑到美国各级政府的一系列环境法律问题,各州在减轻污染对服务不足社区的“环境影响”以及解决其他环境问题方面发挥着至关重要的作用。
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引用次数: 0
How serious is Nigeria about climate change mitigation through gas flaring regulation in the Niger Delta? 尼日利亚对通过尼日尔三角洲的天然气燃除监管来缓解气候变化有多认真?
Q2 Social Sciences Pub Date : 2022-11-30 DOI: 10.1177/14614529221137142
Urenmisan Afinotan
Nigeria currently contributes significantly to the total amount of greenhouse gases (GHGs) produced in Africa through unabated emissions from its oil and gas industry in the Niger Delta, making the country an important player in global climate change mitigation efforts. Gas flaring is the major medium by which Nigeria contributes to the global percentage of deleterious GHGs released into the atmosphere. Therefore, regulatory efforts at the cessation of gas flaring in the country is important within the wider context of global climate change mitigation, and is worthy of analysis. The recent ‘code red’ warning by the Intergovernmental Panel on Climate Change (IPCC) about the clear and present danger unmitigated climate change currently poses to the planet, together with Nigeria's recent pledge at COP26 to eliminate GHG emissions by 2060, makes this analysis even more necessary. Accordingly, this article generally assesses the efforts of Nigeria at eliminating gas flaring within the context of its international commitments on battling climate change. The first part of the article explores the history and current status of gas flaring in Nigeria. The second part critically analyses the guiding policy, regulatory, legislative, and judicial efforts at ending gas flaring in Nigeria with the view to determining the seriousness of the country in domestically matching its international commitments towards mitigating climate change through the phasing out of GHG emissions.
尼日利亚目前对非洲产生的温室气体总量做出了重大贡献,其在尼日尔三角洲的石油和天然气工业的排放有增无减,使该国成为全球减缓气候变化努力的重要参与者。天然气燃烧是尼日利亚排放到大气中的有害温室气体占全球百分比的主要媒介。因此,在减缓全球气候变化的更广泛背景下,在该国停止天然气燃除的监管努力是重要的,值得分析。政府间气候变化专门委员会(IPCC)最近发布的“红色预警”指出,目前未得到缓解的气候变化对地球构成了明确而现实的危险,再加上尼日利亚最近在COP26上承诺到2060年消除温室气体排放,使得这一分析变得更加必要。因此,本文总体评估了尼日利亚在应对气候变化的国际承诺背景下消除天然气燃除的努力。文章的第一部分探讨了尼日利亚天然气燃除的历史和现状。第二部分批判性地分析了尼日利亚在结束天然气燃烧方面的指导政策、监管、立法和司法努力,以确定该国在国内是否认真履行其通过逐步淘汰温室气体排放来缓解气候变化的国际承诺。
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引用次数: 1
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Environmental Law Review
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