Pub Date : 2021-03-01DOI: 10.1177/1461452921995152
T. Madebwe, Emma Chitsove, J. Pfumorodze
Environmental deterioration remains a concern in Botswana. Despite efforts being made to address this issue by the state, more needs to be done in this regard. This is particularly interesting in the light of reports that the country is looking to draft a new constitution. Against this backdrop, this article considers whether including environmental rights in Botswana’s constitution would advance environmental protection efforts. To this end, the article relies on experiences with rights drawn from different jurisdictions across the world, as well as commentary on these experiences, to build a tool for measuring the extent to which the turn to environmental rights holds value in a given jurisdiction. Using this tool, and drawing from experiences in looking to establish environmental rights in Botswana, the article measures the extent to which including the right in the constitution would hold value in advancing Botswana’s pursuit of environmental protection objectives.
{"title":"Giving effect to the human right to a clean environment in Botswana","authors":"T. Madebwe, Emma Chitsove, J. Pfumorodze","doi":"10.1177/1461452921995152","DOIUrl":"https://doi.org/10.1177/1461452921995152","url":null,"abstract":"Environmental deterioration remains a concern in Botswana. Despite efforts being made to address this issue by the state, more needs to be done in this regard. This is particularly interesting in the light of reports that the country is looking to draft a new constitution. Against this backdrop, this article considers whether including environmental rights in Botswana’s constitution would advance environmental protection efforts. To this end, the article relies on experiences with rights drawn from different jurisdictions across the world, as well as commentary on these experiences, to build a tool for measuring the extent to which the turn to environmental rights holds value in a given jurisdiction. Using this tool, and drawing from experiences in looking to establish environmental rights in Botswana, the article measures the extent to which including the right in the constitution would hold value in advancing Botswana’s pursuit of environmental protection objectives.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"38 1","pages":"23 - 39"},"PeriodicalIF":0.0,"publicationDate":"2021-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78740634","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 : 2021-03-01DOI: 10.1177/1461452921998093
A. Richardson, M. Crowe, Parissa Najah, Shada Mellor, J. Cottrell
{"title":"Quarterly Comment by Trinity Chambers: Trinity Chambers, Newcastle Alice Richardson, Matthew R. Crowe, Parissa Najah, Shada Mellor and Jack Cottrell","authors":"A. Richardson, M. Crowe, Parissa Najah, Shada Mellor, J. Cottrell","doi":"10.1177/1461452921998093","DOIUrl":"https://doi.org/10.1177/1461452921998093","url":null,"abstract":"","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"17 1","pages":"56 - 97"},"PeriodicalIF":0.0,"publicationDate":"2021-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88389595","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 : 2021-03-01DOI: 10.1177/14614529211000152
Jennifer M. Ramos
Climate change, sustainable use of natural resources and biodiversity no longer live in an ‘environmental box’ but are increasingly a central element of commercial decision-making. A fair and sustainable transition to net zero and the associated climate adaptation and mitigation can be driven by the legal community but will need a shift in the values and norms that inform how lawyers and law firms conduct themselves and view their role in, and impact on, society and the environment. Environmental lawyers are key to informing and enabling their commercial colleagues to make this shift. The Chancery Lane Project has facilitated collaboration by lawyers from a wide range of practice areas and across several jurisdictions to produce a significant selection of climate-conscious clauses. However, with the time to solve the climate crisis rapidly running out, the project needs more lawyers from around the world, including those with environmental expertise, to guide, inform, participate in and support their own organisations, clients and others to deliver the essential change needed to achieve a more sustainable and just future. Rewiring contracts to tackle climate change should, if done right, lead to a significant improvement in mitigating climate change across an array of industries across the world.
{"title":"Shifting the mindset of commercial lawyers to rewire contracts, to mitigate climate change more effectively in practice: The Chancery Lane Project","authors":"Jennifer M. Ramos","doi":"10.1177/14614529211000152","DOIUrl":"https://doi.org/10.1177/14614529211000152","url":null,"abstract":"Climate change, sustainable use of natural resources and biodiversity no longer live in an ‘environmental box’ but are increasingly a central element of commercial decision-making. A fair and sustainable transition to net zero and the associated climate adaptation and mitigation can be driven by the legal community but will need a shift in the values and norms that inform how lawyers and law firms conduct themselves and view their role in, and impact on, society and the environment. Environmental lawyers are key to informing and enabling their commercial colleagues to make this shift. The Chancery Lane Project has facilitated collaboration by lawyers from a wide range of practice areas and across several jurisdictions to produce a significant selection of climate-conscious clauses. However, with the time to solve the climate crisis rapidly running out, the project needs more lawyers from around the world, including those with environmental expertise, to guide, inform, participate in and support their own organisations, clients and others to deliver the essential change needed to achieve a more sustainable and just future. Rewiring contracts to tackle climate change should, if done right, lead to a significant improvement in mitigating climate change across an array of industries across the world.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"111 1","pages":"3 - 8"},"PeriodicalIF":0.0,"publicationDate":"2021-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73287858","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 : 2021-03-01DOI: 10.1177/1461452921991731
S. Hermawan, Wida Astuti
The recent 34th ASEAN Summit, held in Thailand in June 2019, issued two important documents related to the marine environment’s protection, namely The Bangkok Declaration on Combating Marine Debris in the ASEAN Region and the ASEAN Framework of Action on Marine Debris (Framework of Action). Therefore, this research analyses the several policies implemented by ASEAN countries to reduce marine plastic litter. This is primarily assessed using several indicators by Konisky and Woods, namely (1) programmatic indicators of state environmental policy activism, which is usually incorporated into an index reflecting the quality of the national ecological system, (2) the amount of money spent by the state government on environmental protection, (3) the number of private-sector expenditure on environmental pollution reduction, also used as a proxy for the stringency of state environmental regulation and (4) counts of state environmental regulatory enforcement actions. This research showed that ASEAN countries consider that the process used in handling marine plastic litter needs to be resolved collaboratively and comprehensively. Therefore, each country already has programmatic indices and regulatory actions with the majority relatively weak on other indicators, primarily on government expenditures, enforcement programs and pollution abatement costs.
{"title":"Analysing several ASEAN countries' policy for combating marine plastic litter","authors":"S. Hermawan, Wida Astuti","doi":"10.1177/1461452921991731","DOIUrl":"https://doi.org/10.1177/1461452921991731","url":null,"abstract":"The recent 34th ASEAN Summit, held in Thailand in June 2019, issued two important documents related to the marine environment’s protection, namely The Bangkok Declaration on Combating Marine Debris in the ASEAN Region and the ASEAN Framework of Action on Marine Debris (Framework of Action). Therefore, this research analyses the several policies implemented by ASEAN countries to reduce marine plastic litter. This is primarily assessed using several indicators by Konisky and Woods, namely (1) programmatic indicators of state environmental policy activism, which is usually incorporated into an index reflecting the quality of the national ecological system, (2) the amount of money spent by the state government on environmental protection, (3) the number of private-sector expenditure on environmental pollution reduction, also used as a proxy for the stringency of state environmental regulation and (4) counts of state environmental regulatory enforcement actions. This research showed that ASEAN countries consider that the process used in handling marine plastic litter needs to be resolved collaboratively and comprehensively. Therefore, each country already has programmatic indices and regulatory actions with the majority relatively weak on other indicators, primarily on government expenditures, enforcement programs and pollution abatement costs.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"112 1","pages":"9 - 22"},"PeriodicalIF":0.0,"publicationDate":"2021-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77097429","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 : 2021-03-01DOI: 10.1177/1461452921998452
E. Lees
This note considers the decision of the Court of Appeal in Fearn v Tate Galleries. It considers the Court’s decision specifically with regards to whether the law of private nuisance discloses an action in pure overlooking cases. It argues that as a matter of historical precedent, the Court of Appeal is correct in assessing that the weight of authority argues against such an action. It then analyses how the Court of Appeal’s reasoning can be viewed from the lens of understandings of property and ownership, and as part of the discussion of the interaction between planning and private law.
{"title":"Fearn v Tate Galleries: Privacy and the law of nuisance","authors":"E. Lees","doi":"10.1177/1461452921998452","DOIUrl":"https://doi.org/10.1177/1461452921998452","url":null,"abstract":"This note considers the decision of the Court of Appeal in Fearn v Tate Galleries. It considers the Court’s decision specifically with regards to whether the law of private nuisance discloses an action in pure overlooking cases. It argues that as a matter of historical precedent, the Court of Appeal is correct in assessing that the weight of authority argues against such an action. It then analyses how the Court of Appeal’s reasoning can be viewed from the lens of understandings of property and ownership, and as part of the discussion of the interaction between planning and private law.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"70 1","pages":"49 - 55"},"PeriodicalIF":0.0,"publicationDate":"2021-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86309058","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 : 2021-03-01DOI: 10.1177/1461452921998825
Anne-Michelle Slater
{"title":"Book Review: Land Reform in Scotland: History, Law and Policy","authors":"Anne-Michelle Slater","doi":"10.1177/1461452921998825","DOIUrl":"https://doi.org/10.1177/1461452921998825","url":null,"abstract":"","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"64 1","pages":"98 - 99"},"PeriodicalIF":0.0,"publicationDate":"2021-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72772118","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 : 2020-12-01DOI: 10.1177/1461452920966583
S. Farran
Pacific Island states – sometimes classified as small island developing states, are among those most vulnerable to climate change and environmental degradation brought about by development initiatives such as logging, mining, commercial agriculture and tourism. While these may have economic benefits, many Fijians live in rural areas with limited or no opportunity for paid employment and rely on subsistence farming and natural resources for their livelihoods. The importance of the latter – particularly for many women – and increasing pressure on these resources, raise sustainability concerns. If natural resource environments are to be protected, restrictions – some of which are already in place – need to be not only enforced but possibly extended. This could, however, impact negatively on these dependent livelihoods. This article considers this dilemma in the context of two Fijian villages in the district of Ba, where women depend on the mangrove areas, primarily for catching crabs for sale in the local markets, using the money earned to meet basic needs.
{"title":"Balancing livelihoods with environmental protection: A case study from Fiji","authors":"S. Farran","doi":"10.1177/1461452920966583","DOIUrl":"https://doi.org/10.1177/1461452920966583","url":null,"abstract":"Pacific Island states – sometimes classified as small island developing states, are among those most vulnerable to climate change and environmental degradation brought about by development initiatives such as logging, mining, commercial agriculture and tourism. While these may have economic benefits, many Fijians live in rural areas with limited or no opportunity for paid employment and rely on subsistence farming and natural resources for their livelihoods. The importance of the latter – particularly for many women – and increasing pressure on these resources, raise sustainability concerns. If natural resource environments are to be protected, restrictions – some of which are already in place – need to be not only enforced but possibly extended. This could, however, impact negatively on these dependent livelihoods. This article considers this dilemma in the context of two Fijian villages in the district of Ba, where women depend on the mangrove areas, primarily for catching crabs for sale in the local markets, using the money earned to meet basic needs.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"91 1","pages":"266 - 279"},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81559384","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 : 2020-12-01DOI: 10.1177/1461452920974553
A. Richardson, M. Crowe, Parissa Najah, Shada Mellor
{"title":"Quarterly Comment by Trinity Chambers: Newcastle, UK Alice Richardson, Matthew R Crowe, Parissa Najah, Shada Mellor","authors":"A. Richardson, M. Crowe, Parissa Najah, Shada Mellor","doi":"10.1177/1461452920974553","DOIUrl":"https://doi.org/10.1177/1461452920974553","url":null,"abstract":"","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"29 1","pages":"306 - 342"},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89875644","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 : 2020-12-01DOI: 10.1177/1461452920982392
J. Qc, Gabriella De Souza Crook
This opinion discusses Good Law Project’s approach to climate change litigation. It argues that the law has an important role in achieving positive change in the climate change space but that ‘successful’ legal outcomes are not the only extent of that role.
{"title":"Neither too early nor too late: Goldilocks litigation in the climate space","authors":"J. Qc, Gabriella De Souza Crook","doi":"10.1177/1461452920982392","DOIUrl":"https://doi.org/10.1177/1461452920982392","url":null,"abstract":"This opinion discusses Good Law Project’s approach to climate change litigation. It argues that the law has an important role in achieving positive change in the climate change space but that ‘successful’ legal outcomes are not the only extent of that role.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"70 1","pages":"263 - 265"},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77810188","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 : 2020-12-01DOI: 10.1177/1461452920974493
Emily Barritt
Moving the focus of climate change litigation from a largely US arena to a global one, Urgenda has helped to foster a burgeoning transnational climate justice jurisprudence. In the first place, it demonstrates how domestic courts are increasingly being used as sites to solidify international commitments. Secondly, it shows that these domestic endeavours are helping to shape the jurisprudence of other states whose courts are increasingly asked to adjudicate on climate change commitments. What is more, courts are conscious of this effect, thus this emerging jurisprudence is not simply an unintended consequence of the localisation of global commitments but is becoming an explicit practice on the part of domestic courts. This case note unpacks and examines the transnational dimensions of the global climate change case law as they are played out in the final decision of the Urgenda litigation.
{"title":"Consciously transnational: Urgenda and the shape of climate change litigation: The State of the Netherlands (Ministry of Economic Affairs and Climate Policy) v Urgenda Foundation","authors":"Emily Barritt","doi":"10.1177/1461452920974493","DOIUrl":"https://doi.org/10.1177/1461452920974493","url":null,"abstract":"Moving the focus of climate change litigation from a largely US arena to a global one, Urgenda has helped to foster a burgeoning transnational climate justice jurisprudence. In the first place, it demonstrates how domestic courts are increasingly being used as sites to solidify international commitments. Secondly, it shows that these domestic endeavours are helping to shape the jurisprudence of other states whose courts are increasingly asked to adjudicate on climate change commitments. What is more, courts are conscious of this effect, thus this emerging jurisprudence is not simply an unintended consequence of the localisation of global commitments but is becoming an explicit practice on the part of domestic courts. This case note unpacks and examines the transnational dimensions of the global climate change case law as they are played out in the final decision of the Urgenda litigation.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"17 1","pages":"296 - 305"},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84772754","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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