Pub Date : 2022-11-30DOI: 10.1177/14614529221139804
Verity LJ Adams, Michael Haywood, Sarah Ismail
{"title":"Environmental Law Review 2022 Quarterly Comment by Trinity Chambers","authors":"Verity LJ Adams, Michael Haywood, Sarah Ismail","doi":"10.1177/14614529221139804","DOIUrl":"https://doi.org/10.1177/14614529221139804","url":null,"abstract":"","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"47 1","pages":"321 - 342"},"PeriodicalIF":0.0,"publicationDate":"2022-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74106842","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 : 2022-11-30DOI: 10.1177/14614529221126335
Sia Dewei Alvin
Since the 1980s, Southeast Asia has experienced transboundary haze pollution. To combat this, ASEAN member states have taken action, culminating in the signing of the ASEAN Agreement on Transboundary Haze Pollution in 2002. Nevertheless, transboundary haze pollution remains a problem in the region. This note argues that the ASEAN Agreement on Transboundary Haze Pollution has had limited success for five reasons. First, there is no regional centre to monitor haze pollution and facilitate co-operation. Second, there are bilateral relations hindering joint response towards pollution. Third, there is ineffective legislative action and enforcement at the national level. Fourth, there are potential conflicts of interest between stakeholders involved in transboundary haze pollution. Fifth, an overarching issue lies in the ASEAN mode of governance, in which member states are reluctant to adopt an adversarial approach towards regional problems.
{"title":"Effectiveness of the ASEAN Agreement on Transboundary Haze Pollution","authors":"Sia Dewei Alvin","doi":"10.1177/14614529221126335","DOIUrl":"https://doi.org/10.1177/14614529221126335","url":null,"abstract":"Since the 1980s, Southeast Asia has experienced transboundary haze pollution. To combat this, ASEAN member states have taken action, culminating in the signing of the ASEAN Agreement on Transboundary Haze Pollution in 2002. Nevertheless, transboundary haze pollution remains a problem in the region. This note argues that the ASEAN Agreement on Transboundary Haze Pollution has had limited success for five reasons. First, there is no regional centre to monitor haze pollution and facilitate co-operation. Second, there are bilateral relations hindering joint response towards pollution. Third, there is ineffective legislative action and enforcement at the national level. Fourth, there are potential conflicts of interest between stakeholders involved in transboundary haze pollution. Fifth, an overarching issue lies in the ASEAN mode of governance, in which member states are reluctant to adopt an adversarial approach towards regional problems.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"187 1","pages":"305 - 313"},"PeriodicalIF":0.0,"publicationDate":"2022-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86529724","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 : 2022-08-22DOI: 10.1177/14614529221103341
Rhoda Jennings
The appeal taken by Bayer CropScience AG in Bayer CropScience AG v European Commission 1 probes the precautionary decision-making procedure employed in the regulation of pesticides in the European Union. Scientific data has a central role in the procedure. The decision of the Court of Justice suggests that an expansive approach to the source and type of scientific data is appropriate. Such a broad approach, however, can result in uncertainty with regards to the data to be relied upon and also raises questions over how such broad parameters can be translated into a practical and applied methodology to pesticide management.
{"title":"Probing the scientific evidence base of the Plant Protection Regulation","authors":"Rhoda Jennings","doi":"10.1177/14614529221103341","DOIUrl":"https://doi.org/10.1177/14614529221103341","url":null,"abstract":"The appeal taken by Bayer CropScience AG in Bayer CropScience AG v European Commission 1 probes the precautionary decision-making procedure employed in the regulation of pesticides in the European Union. Scientific data has a central role in the procedure. The decision of the Court of Justice suggests that an expansive approach to the source and type of scientific data is appropriate. Such a broad approach, however, can result in uncertainty with regards to the data to be relied upon and also raises questions over how such broad parameters can be translated into a practical and applied methodology to pesticide management.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"62 6 1","pages":"191 - 200"},"PeriodicalIF":0.0,"publicationDate":"2022-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89996494","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 : 2022-08-22DOI: 10.1177/14614529221111854
L. Brown
This legislative note examines the recent regulatory changes that were introduced on 6 April 2022, and which consequently affect the Companies Act 2006 and the Limited Liability Partnerships (Account and Audit) (Application of Companies Act 2006) Regulations 2008. The amendments mean that companies and limited liability partnerships (LLPs) that fall within the regulations’ scope must now disclose their climate change risks and opportunities. It is submitted in this work that these amendments are a step in the right direction for ‘environment social governance’ (ESG) in the private sector. Indeed, the need to report on climate change risk is likely to drive the appetite of affected businesses to develop their ESG programmes within their overall risk management frameworks. Together with this intrinsic impact, the changes are also likely to increase ESG and CSR within the markets more broadly.
{"title":"The climate-related financial disclosure regulations 2022: A step in the right direction for ESG in the private sector","authors":"L. Brown","doi":"10.1177/14614529221111854","DOIUrl":"https://doi.org/10.1177/14614529221111854","url":null,"abstract":"This legislative note examines the recent regulatory changes that were introduced on 6 April 2022, and which consequently affect the Companies Act 2006 and the Limited Liability Partnerships (Account and Audit) (Application of Companies Act 2006) Regulations 2008. The amendments mean that companies and limited liability partnerships (LLPs) that fall within the regulations’ scope must now disclose their climate change risks and opportunities. It is submitted in this work that these amendments are a step in the right direction for ‘environment social governance’ (ESG) in the private sector. Indeed, the need to report on climate change risk is likely to drive the appetite of affected businesses to develop their ESG programmes within their overall risk management frameworks. Together with this intrinsic impact, the changes are also likely to increase ESG and CSR within the markets more broadly.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"84 1","pages":"214 - 223"},"PeriodicalIF":0.0,"publicationDate":"2022-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80672868","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 : 2022-08-22DOI: 10.1177/14614529221114947
S. Farran
Addressing global warming by reducing carbon emissions is recognised as a necessary step to try and ensure the survival of the planet. Integral to this it is essential that those who have contributed most to global warming undertake fundamental changes in the way their economies and societies operate. Among the numerous solutions proposed is a reduction in fossil fuels, especially in transport systems. This includes moving away from vehicles dependent on diesel and petrol to electric vehicles. This apparently ‘green’ solution may come at a grave environmental cost however, especially in those parts of the world already vulnerable to climate change. This is because the metals required to make electric vehicle batteries – and to store renewable energy supplies, can be found in the deep seas. Mining them presents a solution to a current need but risks future environmental disaster especially for island states adjacent to these seas. One such area under threat is the Pacific.
{"title":"Deep-sea mining and the potential environmental cost of ‘going green’ in the Pacific","authors":"S. Farran","doi":"10.1177/14614529221114947","DOIUrl":"https://doi.org/10.1177/14614529221114947","url":null,"abstract":"Addressing global warming by reducing carbon emissions is recognised as a necessary step to try and ensure the survival of the planet. Integral to this it is essential that those who have contributed most to global warming undertake fundamental changes in the way their economies and societies operate. Among the numerous solutions proposed is a reduction in fossil fuels, especially in transport systems. This includes moving away from vehicles dependent on diesel and petrol to electric vehicles. This apparently ‘green’ solution may come at a grave environmental cost however, especially in those parts of the world already vulnerable to climate change. This is because the metals required to make electric vehicle batteries – and to store renewable energy supplies, can be found in the deep seas. Mining them presents a solution to a current need but risks future environmental disaster especially for island states adjacent to these seas. One such area under threat is the Pacific.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"9 1","pages":"173 - 190"},"PeriodicalIF":0.0,"publicationDate":"2022-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74261796","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 : 2022-08-22DOI: 10.1177/14614529221104558
Aleksandra Čavoški
In 2019, the Von der Leyen Commission made a grand entrance announcing an ambitious political agenda, the European Green Deal (EGD), combining its sustainability agenda and meeting environmental challenges with the pursuit of economic growth. In this paper, the author discusses the role of technology in the EGD through the lens of technological determinism. It is argued that, in many ways, the EGD overestimates the importance of technology, especially new technology. Unlike typical technological determinist views, the EGD recognises the importance of human agency. However, the success of human and social agency as drivers change in this project depends on preferences of actors involved in this green transition, including technological preferences. The author argues that the source of these biases lies with the economic policy foundations of the EGD which lead to prioritising economic interest over environmental needs. The article suggests that greater reliance on environmental regulation may restore the appropriate balance between economy and environment, and between the belief in the power of new technology and people's responsibility for the environmental and other consequences of technology production and use, and thus improve the prospects of the EGD in its environmental and sustainability aspirations.
{"title":"The European Green Deal and technological determinism","authors":"Aleksandra Čavoški","doi":"10.1177/14614529221104558","DOIUrl":"https://doi.org/10.1177/14614529221104558","url":null,"abstract":"In 2019, the Von der Leyen Commission made a grand entrance announcing an ambitious political agenda, the European Green Deal (EGD), combining its sustainability agenda and meeting environmental challenges with the pursuit of economic growth. In this paper, the author discusses the role of technology in the EGD through the lens of technological determinism. It is argued that, in many ways, the EGD overestimates the importance of technology, especially new technology. Unlike typical technological determinist views, the EGD recognises the importance of human agency. However, the success of human and social agency as drivers change in this project depends on preferences of actors involved in this green transition, including technological preferences. The author argues that the source of these biases lies with the economic policy foundations of the EGD which lead to prioritising economic interest over environmental needs. The article suggests that greater reliance on environmental regulation may restore the appropriate balance between economy and environment, and between the belief in the power of new technology and people's responsibility for the environmental and other consequences of technology production and use, and thus improve the prospects of the EGD in its environmental and sustainability aspirations.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"46 1","pages":"201 - 213"},"PeriodicalIF":0.0,"publicationDate":"2022-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83959254","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 : 2022-08-22DOI: 10.1177/14614529221111851
C. Foster
In Smith v Fonterra the New Zealand High Court and Court of Appeal struck out all causes of action in proceedings seeking orders that seven New Zealand companies cease direct and indirect greenhouse gas emissions by 2030 grounded in the three distinct claims of negligence, public nuisance and a proposed novel tort referred to as “breach of duty”. The Court of Appeal's judgment is under appeal before the New Zealand Supreme Court. This commentary seeks to open up discussion around the reasons given for the various aspects of the judgment. In particular the commentary puts the view that there is scope for the creation of a novel common law climate tort. This tort must be forward-looking and preventive in orientation and may differ fundamentally from existing torts.
在史密斯诉恒天然(Smith v . Fonterra)一案中，新西兰高等法院和上诉法院驳回了诉讼程序中的所有诉因，该诉讼要求7家新西兰公司在2030年前停止直接和间接温室气体排放，理由是疏忽、公共妨害和拟议中的新型侵权行为，即“违反职责”。上诉法院的判决正在向新西兰最高法院提出上诉。这篇评注试图围绕判决的各个方面给出的理由展开讨论。评注特别提出了一种观点，即存在创造一种新的普通法气候侵权的余地。这种侵权行为必须具有前瞻性和预防性，可能与现有侵权行为有根本区别。
{"title":"Novel climate tort? The New Zealand Court of Appeal decision in Smith v Fonterra Co-operative Group Limited and others","authors":"C. Foster","doi":"10.1177/14614529221111851","DOIUrl":"https://doi.org/10.1177/14614529221111851","url":null,"abstract":"In Smith v Fonterra the New Zealand High Court and Court of Appeal struck out all causes of action in proceedings seeking orders that seven New Zealand companies cease direct and indirect greenhouse gas emissions by 2030 grounded in the three distinct claims of negligence, public nuisance and a proposed novel tort referred to as “breach of duty”. The Court of Appeal's judgment is under appeal before the New Zealand Supreme Court. This commentary seeks to open up discussion around the reasons given for the various aspects of the judgment. In particular the commentary puts the view that there is scope for the creation of a novel common law climate tort. This tort must be forward-looking and preventive in orientation and may differ fundamentally from existing torts.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"98 1","pages":"224 - 234"},"PeriodicalIF":0.0,"publicationDate":"2022-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81344590","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 : 2022-08-22DOI: 10.1177/14614529221114233
Niels Hoek
The legal protection of plants is a critical topic; at least a fi fth of plant species are threatened with extinction. The latter is worrisome, as plants form the basis of virtually every ecosystem. Rob Amos has written a highly commendable work on this issue, released in a turbulent time at the peak of the COVID pandemic, one could have easily missed the book. However, it is an important read for those interested in international environmental law, as it explains in great detail the perils of present-day conservation regimes. The text is set in a refreshingly broad perspective, recognizing that the law does not operate in a vacuum. In short, the author goes beyond positivist legal analysis, and connects relevant regimes to their impact ‘ on the ground ’ through examples derived from conservation practices. For example, the book contains important segments on the role of NGOs, local communities and individuals within plant conservation. Perhaps controversially, Amos fi nds that the impact of these actors on nature conservation is larger than the impact often attributed to States.
{"title":"Book Review: International Conservation Law: The Protection of Plants in Theory and Practice","authors":"Niels Hoek","doi":"10.1177/14614529221114233","DOIUrl":"https://doi.org/10.1177/14614529221114233","url":null,"abstract":"The legal protection of plants is a critical topic; at least a fi fth of plant species are threatened with extinction. The latter is worrisome, as plants form the basis of virtually every ecosystem. Rob Amos has written a highly commendable work on this issue, released in a turbulent time at the peak of the COVID pandemic, one could have easily missed the book. However, it is an important read for those interested in international environmental law, as it explains in great detail the perils of present-day conservation regimes. The text is set in a refreshingly broad perspective, recognizing that the law does not operate in a vacuum. In short, the author goes beyond positivist legal analysis, and connects relevant regimes to their impact ‘ on the ground ’ through examples derived from conservation practices. For example, the book contains important segments on the role of NGOs, local communities and individuals within plant conservation. Perhaps controversially, Amos fi nds that the impact of these actors on nature conservation is larger than the impact often attributed to States.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"1 1","pages":"261 - 262"},"PeriodicalIF":0.0,"publicationDate":"2022-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89682971","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 : 2022-06-01DOI: 10.1177/14614529221087642
J. Hoernig
The paper seeks to examine the role of categorisation for circular economy by investigating the concept and definition of waste and waste management. In this paper, not only the legal interpretation provided by the Court of Justice of the European Union (CJEU) and legal scholars will be considered, but also economic analysis for an improved taxonomy of waste and resources (also referred to as ‘secondary raw material’). The broad concept of waste as developed by the CJEU as well as the uncertainty of end-of-waste-status-criteria create a major obstacle. The paper thus seeks to provide an alternative to the existing categories based on a more purposive approach that acknowledges the potential of resources more adequately. It provides an additional concept to waste within the legal framework and thereby acknowledges the role of categorisation as a driver for circular economy.
{"title":"Towards ‘secondary raw material’ as a legal category","authors":"J. Hoernig","doi":"10.1177/14614529221087642","DOIUrl":"https://doi.org/10.1177/14614529221087642","url":null,"abstract":"The paper seeks to examine the role of categorisation for circular economy by investigating the concept and definition of waste and waste management. In this paper, not only the legal interpretation provided by the Court of Justice of the European Union (CJEU) and legal scholars will be considered, but also economic analysis for an improved taxonomy of waste and resources (also referred to as ‘secondary raw material’). The broad concept of waste as developed by the CJEU as well as the uncertainty of end-of-waste-status-criteria create a major obstacle. The paper thus seeks to provide an alternative to the existing categories based on a more purposive approach that acknowledges the potential of resources more adequately. It provides an additional concept to waste within the legal framework and thereby acknowledges the role of categorisation as a driver for circular economy.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"16 1","pages":"111 - 127"},"PeriodicalIF":0.0,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85308656","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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