The Paris Climate Agreement can be seen as illustrating the evolution of how legal norms are enforced in international law. While the Agreement benefits from a carefully thought-out enforcement mechanism in the international legal order, with techniques that encourage compliance rather than sanction non-compliance, its enforcement is also supported by domestic legal orders. Indeed, the Paris Agreement benefits from both hard and soft enforcement mechanisms. Here, all techniques and all actors have a role to play. This contribution shows that in order to discern the enforcement mechanisms attached to a legal instrument, it is sometimes necessary to take a global and complex look at all legal orders, techniques and actors, since they can act in a complementary manner.
{"title":"Combining Tools and Actors for a Better Enforcement: A Case of the 2015 Paris Agreement on Climate Change(↓)","authors":"Mathilde Hautereau-Boutonnet, Sandrine Maljean-Dubois","doi":"10.3233/epl-239011","DOIUrl":"https://doi.org/10.3233/epl-239011","url":null,"abstract":"The Paris Climate Agreement can be seen as illustrating the evolution of how legal norms are enforced in international law. While the Agreement benefits from a carefully thought-out enforcement mechanism in the international legal order, with techniques that encourage compliance rather than sanction non-compliance, its enforcement is also supported by domestic legal orders. Indeed, the Paris Agreement benefits from both hard and soft enforcement mechanisms. Here, all techniques and all actors have a role to play. This contribution shows that in order to discern the enforcement mechanisms attached to a legal instrument, it is sometimes necessary to take a global and complex look at all legal orders, techniques and actors, since they can act in a complementary manner.","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":"2 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138960669","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}
As a plenary organ of the UN, the General Assembly has invoked its principal instrumentality of resolutions to address a variety of global problems. The mirage of being called “recommendations” (Article 11, the UN Charter) has never come in the way of finesse with which the Assembly has invoked its resolutions to zero in on contemporary common concerns. The 2030 Sustainable Development Goals (SDGs) adopted by resolution 70/1 (September 25, 2015) has been one such major global action plan that became a milestone in a long line of engagements that have also carried the normative halo. Now at the mid-way to the 15-year cycle (2015–2030), the performance assessment on 17 Goals shows that the promise of leaving “no one behind” is in peril. In view of the reality of the world we live in and multiple interconnected planetary scale crisis situations, the UN member states have floundered in giving effect to the promises laid down in the 17 Goals of the 2030 Agenda. The UN Secretary-General’s report (April 27, 2023) has called for a resolute rescue plan for people and planet. The progress came to be reviewed at the SDG Summit convened by the UNGA President during September 18-19, 2023. The available data (Revised Zero Draft of June 8, 2023), underscored the gravity of the peril faced by the humankind since, out of 140 targets, “only about 12 per cent are on track; more than half, although showing some progress, are moderately or severely off track; and some 30 per cent have either seen no movement or regressed below the 2015 baseline”. The Political Declaration adopted at the New York SDG Summit coinciding with the meeting of the High-Level Political Forum, sought to work out a rescue plan considering the UNSG’s stimulus plan and taken the “pledge to act now, for present and future generations”. This article examines the process, the promise, the pledge and the rescue plan for the SDGs in peril.
{"title":"The 2023 New York SDG Summit Outcome: Rescue Plan for 2030 Agenda as a Wake-up Call for the Decision-makers","authors":"Bharat H. Desai","doi":"10.3233/epl-239006","DOIUrl":"https://doi.org/10.3233/epl-239006","url":null,"abstract":"As a plenary organ of the UN, the General Assembly has invoked its principal instrumentality of resolutions to address a variety of global problems. The mirage of being called “recommendations” (Article 11, the UN Charter) has never come in the way of finesse with which the Assembly has invoked its resolutions to zero in on contemporary common concerns. The 2030 Sustainable Development Goals (SDGs) adopted by resolution 70/1 (September 25, 2015) has been one such major global action plan that became a milestone in a long line of engagements that have also carried the normative halo. Now at the mid-way to the 15-year cycle (2015–2030), the performance assessment on 17 Goals shows that the promise of leaving “no one behind” is in peril. In view of the reality of the world we live in and multiple interconnected planetary scale crisis situations, the UN member states have floundered in giving effect to the promises laid down in the 17 Goals of the 2030 Agenda. The UN Secretary-General’s report (April 27, 2023) has called for a resolute rescue plan for people and planet. The progress came to be reviewed at the SDG Summit convened by the UNGA President during September 18-19, 2023. The available data (Revised Zero Draft of June 8, 2023), underscored the gravity of the peril faced by the humankind since, out of 140 targets, “only about 12 per cent are on track; more than half, although showing some progress, are moderately or severely off track; and some 30 per cent have either seen no movement or regressed below the 2015 baseline”. The Political Declaration adopted at the New York SDG Summit coinciding with the meeting of the High-Level Political Forum, sought to work out a rescue plan considering the UNSG’s stimulus plan and taken the “pledge to act now, for present and future generations”. This article examines the process, the promise, the pledge and the rescue plan for the SDGs in peril.","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":"11 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139240761","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}
Climate change is being felt with increasing force and frequency, not only due to extreme weather events, but also due to the number of people who are forced to abandon their territories due to crucial humanitarian needs and protection gaps. However, pre-existing social, economic, and environmental vulnerabilities create a greater likelihood of being forced to move due to the impacts of climate change. Particularly important is this situation for women and girls who face intersectional and socio-structural discriminations, which shape their adaptation and resilience to climate impacts and, in the worst cases, conditions their migration processes. While migration induced by climate change has a very important gender component, it has not received enough attention. Neither statistical data nor legal frameworks adequately integrate and address climate migration from a gender perspective, which contributes to perpetuating vulnerabilities, invisibility and lack of protection. Therefore, this article addresses the international legal potentialities, developments, but also the limitations, to protect climate migrants from a gender sensitive and responsive perspective.
{"title":"Climate migration: A gendered perspective","authors":"Susana Borràs-Pentinat","doi":"10.3233/epl-239008","DOIUrl":"https://doi.org/10.3233/epl-239008","url":null,"abstract":"Climate change is being felt with increasing force and frequency, not only due to extreme weather events, but also due to the number of people who are forced to abandon their territories due to crucial humanitarian needs and protection gaps. However, pre-existing social, economic, and environmental vulnerabilities create a greater likelihood of being forced to move due to the impacts of climate change. Particularly important is this situation for women and girls who face intersectional and socio-structural discriminations, which shape their adaptation and resilience to climate impacts and, in the worst cases, conditions their migration processes. While migration induced by climate change has a very important gender component, it has not received enough attention. Neither statistical data nor legal frameworks adequately integrate and address climate migration from a gender perspective, which contributes to perpetuating vulnerabilities, invisibility and lack of protection. Therefore, this article addresses the international legal potentialities, developments, but also the limitations, to protect climate migrants from a gender sensitive and responsive perspective.","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":"149 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139242211","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 study examines green economy policies in relation to Indonesia’s digital transformation of forest management. It employs the normative juridical approach as well as the primary and secondary sources of legal materials. It demonstrates that the digital transformation policies of forest managements are implemented to reduce climate change and facilitate a green economy. The green economy approach underscores that sustainable development is premised upon improving human wellbeing and social equality considering environmental concerns. The instrumental theory uses a backward-looking approach and the substantive theory uses a forward-looking approach. The later adjusts to technological developments and protects interests disrupted by them. Hence, it can be used in making forestry digital transformation policies. Furthermore, the application of the legal theory of development exhibits the absolute and crucial importance of the digital transformation policies as a way of advancing forest management, community participation policies as well as transparency in environmental and forest management. They call for a holistic, all-encompassing, and interdisciplinary approaches. In view of this, this study presents novelty in the forestry-related digital transformation policies, which aim at lessening the harm to forests and ecosystems and the planet.
{"title":"Green Economy Policies in the Digital Transformation of Forest Management in Indonesia","authors":"Atikah Mardhiya Rohmy, Arini Indah Nihayaty","doi":"10.3233/epl-230026","DOIUrl":"https://doi.org/10.3233/epl-230026","url":null,"abstract":"This study examines green economy policies in relation to Indonesia’s digital transformation of forest management. It employs the normative juridical approach as well as the primary and secondary sources of legal materials. It demonstrates that the digital transformation policies of forest managements are implemented to reduce climate change and facilitate a green economy. The green economy approach underscores that sustainable development is premised upon improving human wellbeing and social equality considering environmental concerns. The instrumental theory uses a backward-looking approach and the substantive theory uses a forward-looking approach. The later adjusts to technological developments and protects interests disrupted by them. Hence, it can be used in making forestry digital transformation policies. Furthermore, the application of the legal theory of development exhibits the absolute and crucial importance of the digital transformation policies as a way of advancing forest management, community participation policies as well as transparency in environmental and forest management. They call for a holistic, all-encompassing, and interdisciplinary approaches. In view of this, this study presents novelty in the forestry-related digital transformation policies, which aim at lessening the harm to forests and ecosystems and the planet.","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139279972","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}
R. Maguire, George Carter, Sangeeta Mangubhai, Bridget Lewis, Susan Gail Harris Rimmer
The United Nations Framework Convention on Climate Change (UNFCCC) was the only multilateral environmental agreement to emerge from the Earth Summit in 1992 which did not include any references to gender. Recognition of gender within the UNFCCC has been exceedingly slow and largely tokenistic with a focus on ensuring ‘gender balance’ within UNFCCC meetings and processes. This article explores the emergence of gender language within the UNFCCC by reflecting upon: where we have come from; where we are now; and where we are going with respect with gender. While there was very little progress in the early days of the UNFCCC, this article shows that from 2001 onwards there have been a series of small gains, which will be explained and critique. Much work remains to be done with this paper suggesting some concrete steps such as hosting a Gender COP, ensuring financing for National Climate Change Gender Focal Points and embedding gender meaningfully within existing climate finance processes. In recommending future actions, the paper draws on insights from the Pacific and Australian experience.
{"title":"UNFCCC: A Feminist Perspective","authors":"R. Maguire, George Carter, Sangeeta Mangubhai, Bridget Lewis, Susan Gail Harris Rimmer","doi":"10.3233/epl-239007","DOIUrl":"https://doi.org/10.3233/epl-239007","url":null,"abstract":"The United Nations Framework Convention on Climate Change (UNFCCC) was the only multilateral environmental agreement to emerge from the Earth Summit in 1992 which did not include any references to gender. Recognition of gender within the UNFCCC has been exceedingly slow and largely tokenistic with a focus on ensuring ‘gender balance’ within UNFCCC meetings and processes. This article explores the emergence of gender language within the UNFCCC by reflecting upon: where we have come from; where we are now; and where we are going with respect with gender. While there was very little progress in the early days of the UNFCCC, this article shows that from 2001 onwards there have been a series of small gains, which will be explained and critique. Much work remains to be done with this paper suggesting some concrete steps such as hosting a Gender COP, ensuring financing for National Climate Change Gender Focal Points and embedding gender meaningfully within existing climate finance processes. In recommending future actions, the paper draws on insights from the Pacific and Australian experience.","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":"72 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139285966","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}
Usha Iyer-Raniga, Akvan Gajanayake, Oanh Thi-Kieu Ho
The construction industry significantly impacts the built environment throughout its lifecycle from design, construction, operation to end-of-life considerations and decisions. In Australia, the industry generates almost 3 tonnes of waste per-capita, and this is expected to increase in the near future based on past trends. This paper focuses on understanding and analysing the various jurisdictional policy frameworks across Australia to support circular transitions in the built environment. Policy and regulatory leadership can enable and support grounding circular economy practices at national and state levels. The analysis found that circular economy frameworks rely heavily on recovery and recycling of construction waste, while there is minimal focus on designing out waste. This highlights that waste elimination within the policy setting is viewed as an end-of-pipe solution of minimising waste to landfill rather than a design lead strategy. The focus on recycling within circular economy policies can led to public misconceptions about circularity, which can be a major barrier if systemic transitions are to be achieved.
{"title":"The Transition to a Circular Built Environment in Australia: An Analysis of the Jurisdictional Policy Framework","authors":"Usha Iyer-Raniga, Akvan Gajanayake, Oanh Thi-Kieu Ho","doi":"10.3233/epl-220073","DOIUrl":"https://doi.org/10.3233/epl-220073","url":null,"abstract":"The construction industry significantly impacts the built environment throughout its lifecycle from design, construction, operation to end-of-life considerations and decisions. In Australia, the industry generates almost 3 tonnes of waste per-capita, and this is expected to increase in the near future based on past trends. This paper focuses on understanding and analysing the various jurisdictional policy frameworks across Australia to support circular transitions in the built environment. Policy and regulatory leadership can enable and support grounding circular economy practices at national and state levels. The analysis found that circular economy frameworks rely heavily on recovery and recycling of construction waste, while there is minimal focus on designing out waste. This highlights that waste elimination within the policy setting is viewed as an end-of-pipe solution of minimising waste to landfill rather than a design lead strategy. The focus on recycling within circular economy policies can led to public misconceptions about circularity, which can be a major barrier if systemic transitions are to be achieved.","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":"45 4","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135513437","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}
Artificial intelligence (AI) applications and machine learning models have extended beyond merely solving computer-related problems to tackle environmental sustainability issues. One such case is countermanding the demand and supply of illegal forest and wildlife products. In Nigeria, the challenges of improving its ability to combat the high rate of wildlife and forest crimes within its borders remain daunting. Despite existing laws, Nigeria remains both a source and a key intermediary for wildlife smuggling and crimes involving protected species. This paper analyses the potential of AI as a tool for strengthening the existing legal framework on wildlife crimes in Nigeria. The findings of this paper demonstrate that the current framework for preventing forest and wildlife crime is being breached due to a lack of resources available to enforcement authorities. Thus, leveraging AI’s potential presents innovative solutions to strengthen compliance with these laws.
{"title":"Leveraging Artificial Intelligence (AI) in Strengthening the Legal Framework for Regulation of Wildlife and Forest Crimes in Nigeria","authors":"Opeyemi Adewale Gbadegesin","doi":"10.3233/epl-230011","DOIUrl":"https://doi.org/10.3233/epl-230011","url":null,"abstract":"Artificial intelligence (AI) applications and machine learning models have extended beyond merely solving computer-related problems to tackle environmental sustainability issues. One such case is countermanding the demand and supply of illegal forest and wildlife products. In Nigeria, the challenges of improving its ability to combat the high rate of wildlife and forest crimes within its borders remain daunting. Despite existing laws, Nigeria remains both a source and a key intermediary for wildlife smuggling and crimes involving protected species. This paper analyses the potential of AI as a tool for strengthening the existing legal framework on wildlife crimes in Nigeria. The findings of this paper demonstrate that the current framework for preventing forest and wildlife crime is being breached due to a lack of resources available to enforcement authorities. Thus, leveraging AI’s potential presents innovative solutions to strengthen compliance with these laws.","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":"73 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135617366","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}
Low-carbon consumption is inevitable for international societies to respond to reduce global warming because it restricts the generation of carbon emissions from the consumer’s side. The consumption behaviours of Chinese consumers are identified as having high level of waste, excessive energy demand, lack of awareness and unreasonable consumption. These high-carbon consumption behaviours should be subject to effective regulatory measures imposed by the Chinese government. This article explores the current policies and practices of China in promoting low-carbon consumption and suggests the Chinese government make clearer rules and standards for the labelling and public procurement of low-carbon products and service expand low-carbon development pilot programs in China and strengthen the education of Chinese consumers.
{"title":"On Regulating Chinese Consumer Environmental Behaviour To Reduce Global Warming: Some Reflections","authors":"Feiyue Li, Vai Io Lo, Yuxing He","doi":"10.3233/epl-230010","DOIUrl":"https://doi.org/10.3233/epl-230010","url":null,"abstract":"Low-carbon consumption is inevitable for international societies to respond to reduce global warming because it restricts the generation of carbon emissions from the consumer’s side. The consumption behaviours of Chinese consumers are identified as having high level of waste, excessive energy demand, lack of awareness and unreasonable consumption. These high-carbon consumption behaviours should be subject to effective regulatory measures imposed by the Chinese government. This article explores the current policies and practices of China in promoting low-carbon consumption and suggests the Chinese government make clearer rules and standards for the labelling and public procurement of low-carbon products and service expand low-carbon development pilot programs in China and strengthen the education of Chinese consumers.","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":"25 9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135994415","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}
Hana Müllerová, Eva Balounová, Oliver C. Ruppel, Larissa Jane H. Houston
This article focuses on the concept of just transition, which has recently greatly expanded in the climate debate, expressing the demand to adopt and implement climate policies leading to decarbonisation in a way that maintains equity and justice. Building on previous research on the concept of just transition in other disciplines of social sciences, and on the concept’s appearance in international climate law instruments and law literature, we analyse the just transition in the field of law. We seek to clarify its conceptual framing, to define its meaning, and to determine its position and limits in law. We then examine it vertically (for each level of law) and horizontally, addressing the main criteria that define its content, i.e., human rights and legal principles.
{"title":"Building the Concept of Just Transition in Law: Reflections on its Conceptual Framing, Structure and Content","authors":"Hana Müllerová, Eva Balounová, Oliver C. Ruppel, Larissa Jane H. Houston","doi":"10.3233/epl-230012","DOIUrl":"https://doi.org/10.3233/epl-230012","url":null,"abstract":"This article focuses on the concept of just transition, which has recently greatly expanded in the climate debate, expressing the demand to adopt and implement climate policies leading to decarbonisation in a way that maintains equity and justice. Building on previous research on the concept of just transition in other disciplines of social sciences, and on the concept’s appearance in international climate law instruments and law literature, we analyse the just transition in the field of law. We seek to clarify its conceptual framing, to define its meaning, and to determine its position and limits in law. We then examine it vertically (for each level of law) and horizontally, addressing the main criteria that define its content, i.e., human rights and legal principles.","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":"76 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136033467","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}
{"title":"The Essentiality of Human Rights for the Sustainable Environment","authors":"Bharat H. Desai","doi":"10.3233/epl-239005","DOIUrl":"https://doi.org/10.3233/epl-239005","url":null,"abstract":"","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42005825","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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