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The Environmental Fund Management Model in Indonesia: Some Lessons in Legal Regulation and Practice 印尼环境基金管理模式的法律规制与实践
Q3 Social Sciences Pub Date : 2023-06-22 DOI: 10.3233/epl-230013
Lastuti Abubakar, Tri Handayani
Environmental Fund Management (EFM) is a government effort to optimize EEI (Environmental Economic Instruments), to preserve the functions of the ecosystem. Based on regulation, EFM is entrusted to the Indonesian Environmental Fund (BPDLH) through channeling, fund fertilization, and distribution. BPDLH is appointed a trustee to manage the environmental fund, especially the trust/conservation assistance finance. The existence of trustee agreements often requires follow-up from a legal aspect. This is because Indonesia’s legal system does not recognize the trust law essentially acknowledging the dual ownership of an asset/property. Therefore, this study aims to analyze the use of the trust model in environmental fund management from a legal perspective. It also aims to evaluate the reasons Indonesian law needs to propose a trust policy as the basis for any activity adapting to conservation assistance, including EFM. This study was carried out by using a normative and qualitative juridical analysis. The results showed that the model used in EFM was a legal adaptation of the trust law and was adjusted to the Indonesian constitutional system not recognizing dual ownership. This trust model emphasized an agreement as a legal basis and limited the trustee’s authority in managing funds, leading to suboptimal environmental finance management, especially in nurturing money. Meanwhile, the environmental fund managed by BPDLH was relatively small compared to the needs. This proved that the trust model was represented by individuals/institutions as beneficiaries, based on an agreement with the trustee. From this context, the presence of Indonesian Trust law was capable of ending the legal vacuum in the constitutional system of the country. By specifically regulating the principles of trust and incorporating the dual ownership concept into the proposed law, the goal of fund management was achieved, including environmental finance. The management goal also maximized the benefits for the beneficiaries, namely the environment
环境基金管理(EFM)是政府优化EEI(环境经济工具)以保护生态系统功能的一项努力。根据规定,EFM通过渠道、资金注入和分配的方式委托给印尼环境基金(BPDLH)。孟加拉电力发展委员会被任命为管理环境基金的受托人,特别是信托/保护援助资金。受托人协议的存在通常需要从法律方面采取后续行动。这是因为印度尼西亚的法律体系不承认信托法本质上承认资产/财产的双重所有权。因此,本研究旨在从法律角度分析信托模式在环境基金管理中的运用。它还旨在评估印度尼西亚法律需要提出信托政策作为任何适应保护援助的活动的基础的原因,包括EFM。这项研究是通过规范和定性的司法分析进行的。结果表明,EFM中使用的模式是对信托法的法律改编,并根据印度尼西亚不承认双重所有权的宪法制度进行了调整。这种信托模式强调协议是法律基础,并限制了受托人管理资金的权力,导致环境融资管理不理想,尤其是在培育资金方面。同时,与需求相比,孟加拉电力发展委员会管理的环境基金相对较小。这证明,根据与受托人达成的协议,信托模式由作为受益人的个人/机构代表。在这种背景下,印度尼西亚信托法的存在能够结束该国宪法体系中的法律真空。通过具体规范信托原则并将双重所有权概念纳入拟议法律,实现了包括环境融资在内的资金管理目标。管理目标还使受益者的利益最大化,即环境
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引用次数: 0
The Inaction in Climate Change Adaptation and Mitigation in Sub-Saharan Africa: Some Policy and Legal Issues 撒哈拉以南非洲在适应和减缓气候变化方面的不作为:一些政策和法律问题
Q3 Social Sciences Pub Date : 2023-06-14 DOI: 10.3233/epl-230079
B. Kooffreh, B. F. Anyatang, Voke Tonia Aminone
This article seeks to examine as to how relevant environmental policy and legal principles deal with adaptation and mitigation challenges posed by climate change in Sub-Saharan Africa. It reviews and analyzes relevant provisions and processes of the UN Framework Convention on Climate Change (UNFCCC), the Kyoto Protocol, the Paris Agreement as well as other relevant principles such as common but differentiated responsibility and respective capability (CBDRRC) and binding emission reduction targets. The Sub-Saharan Africa’s attempts to adapt to and mitigate the effects of climate change are reviewed along with the challenges in the region including the urgent need for climate financing. It concludes by urging the creation of a separate department of climate change by the Sub-Saharan African States, the implementation of environmental liability insurance, the revitalization of the West African power pool project, and the creation of a robust financial mechanism under the Paris Agreement for adaptation and mitigation policies in the Sub-Saharan Africa.
本文旨在探讨相关的环境政策和法律原则如何应对撒哈拉以南非洲气候变化带来的适应和缓解挑战。它审查和分析了《联合国气候变化框架公约》(UNFCCC)、《京都议定书》、《巴黎协定》的相关条款和程序,以及共同但有区别的责任和各自能力(CBDRRC)和具有约束力的减排目标等其他相关原则。审查了撒哈拉以南非洲适应和减轻气候变化影响的努力,以及该地区面临的挑战,包括气候融资的迫切需要。最后,它敦促撒哈拉以南非洲国家成立一个单独的气候变化部,实施环境责任保险,振兴西非电力库项目,并根据《巴黎协定》为撒哈拉以南地区的适应和缓解政策建立一个强有力的财政机制。
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引用次数: 0
Environmentally Sound Technologies for Climate Change Mitigation in BRICS Countries: A Comparative Policy and Legal Perspective 金砖国家减缓气候变化的无害环境技术:比较政策和法律视角
Q3 Social Sciences Pub Date : 2023-06-05 DOI: 10.3233/epl-220067
Mahima Tripathi, N. S. Bhattacharya
Adoption of Environmentally Sound Technologies (ESTs), those have the potential for significantly improved environmental performance relative to other technologies is one of the effective steps for achieving the Sustainable Development Goals (SDGs). BRICS countries are emerging economies and play an active role in contributing to GHG emissions and climate change. Therefore, adoption of ESTs in these countries play a crucial role in mitigating climate change. The role of BRICS nations at international climate negotiations are utmost important as it may determine the fate of climate change globally. In this context this paper analyses and discusses the national laws and plans in BRICS countries pertinent to ESTs which are mainly in consonance to United Nations Framework Convention on Climate Change (UNFCCC) 1992. The legal provisions for development, dissemination, and technology transfer commitments concerning ESTs internationally and within BRICS countries are studied and analysed to understand the current position and future directions toward climate change mitigation.
采用无害环境技术是实现可持续发展目标的有效步骤之一,与其他技术相比,无害环境技术具有显著改善环境性能的潜力。金砖国家是新兴经济体,在促进温室气体排放和气候变化方面发挥着积极作用。因此,这些国家采用无害环境技术在减缓气候变化方面发挥着至关重要的作用。金砖国家在国际气候谈判中的作用至关重要,因为它可能决定全球气候变化的命运。在此背景下,本文分析和讨论了金砖国家与无害环境技术相关的国家法律和计划,这些法律和计划主要符合1992年《联合国气候变化框架公约》(UNFCCC)。对国际上和金砖国家内部关于无害环境技术的开发、传播和技术转让承诺的法律条款进行了研究和分析,以了解缓解气候变化的现状和未来方向。
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引用次数: 0
The Rights of the Indigenous People and the Amazon: A Road Ahead+ 土著人民和亚马逊的权利:前进的道路+
Q3 Social Sciences Pub Date : 2023-05-19 DOI: 10.3233/epl-239004
Paulo de Bessa Antunes
The Amazon is one of the most complex and important biomes in the world. Its role in global climate stability is recognized worldwide. The political changes that took place in Brazil in 2022 brought a new hope for the protection of the forest and the different peoples that inhabit it. The dissemination of correct information about the current stage of the Amazon is essential for the forest to be preserved. One cannot imagine the future without analyzing past successes and mistakes so as to avoid the repetition of failed policies. It is essential both for the protection of the rights of the indigenous peoples as well as preservation of thier habitat of Amazonia.
亚马逊是世界上最复杂、最重要的生物群落之一。它对全球气候稳定的作用是举世公认的。2022年巴西发生的政治变革为保护森林和居住在其中的不同民族带来了新的希望。传播关于亚马逊目前阶段的正确信息对保护森林至关重要。如果不分析过去的成功和错误,就无法想象未来,以免重蹈覆辙。这对保护土著人民的权利以及保护他们在亚马逊河流域的栖息地都是至关重要的。
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引用次数: 0
Biosphere Defenders Leveraging the Human Right to Healthy Environment for Transformative Change 生物圈捍卫者利用健康环境的人权促进变革
Q3 Social Sciences Pub Date : 2023-05-08 DOI: 10.3233/epl-239003
C. Ituarte-Lima
Earth’s life support systems depend on biodiversity and healthy ecosystems. Without radical transformations, staying within safe planetary boundaries becomes impossible. While the inequalities between Global North and Global South are increasingly acknowledged, the agency and rights of people often placed in the category of “vulnerable” -women, youth, indigenous peoples and local communities- are not sufficiently recognized. This article discusses the role of biosphere defenders in the context of the 2022–2030 Kunming-Montreal Global Biodiversity Framework and the right to a healthy environment. Through dissecting judicial cases, the article investigates promising examples of ways in which biosphere defenders use the law to trigger societal change. This article finds that biosphere defenders contribute to unleashing values of responsibility by various actors, translating biocultural values of ecosystems into evidence in judicial processes impacting bureaucratic and financial systems. Supporting the work of biosphere defenders and placing the right to a sustainable environment at the heart of biodiversity and human rights law will be vital in confronting head-on the planetary crises.
地球的生命支持系统依赖于生物多样性和健康的生态系统。没有彻底的转变,在安全的地球边界内是不可能的。虽然全球北方和全球南方之间的不平等日益得到承认,但往往被列为“易受伤害”类别的人民- -妇女、青年、土著人民和当地社区- -的作用和权利却没有得到充分认识。本文讨论了生物圈维护者在《2022-2030年昆明-蒙特利尔全球生物多样性框架》和健康环境权背景下的作用。通过剖析司法案件,本文调查了生物圈捍卫者利用法律引发社会变革的有希望的例子。本文发现,生物圈维护者有助于释放各种行为者的责任价值观,将生态系统的生物文化价值转化为影响官僚和金融体系的司法程序中的证据。支持生物圈维护者的工作,将可持续环境权置于生物多样性和人权法的核心,对于正面应对地球危机至关重要。
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引用次数: 0
The Need for a New Covenant on the Right to a Healthy Environment 《健康环境权新公约》的必要性
Q3 Social Sciences Pub Date : 2023-05-08 DOI: 10.3233/epl-239002
Yann Aguila, Victoria Lichet
As humanity is facing a “triple planetary crisis” of climate change, biodiversity loss, and pollution, it seems imperative to strive for an effective integration of new international legal principles, rights, and duties in international environmental law. Following the recognition of the right to a clean, healthy, and sustainable environment as a human right by the UN Human Right Council (2021) and the UN General Assembly (2022), a new Covenant on the Right to a Healthy Environment would reaffirm this right. It can also shape and strengthen new international environmental norms. In order to ensure the effectiveness of the right to a healthy environment, the proposed covenant need to recognize other environmental rights, duties, and principles inherent to the right to a healthy environment and provide for concrete implementation and monitoring measures. This article examines the need for adoption of the proposed new covenant on the right to a healthy environment, before addressing the fundamental environmental rights, duties, and principles inherent to the right to a healthy environment that should necessarily be included, and analyzing how the proposed new covenant can be implemented and monitored so as to ensure effective protection of the environment and our environmental rights.
由于人类正面临着气候变化、生物多样性丧失和污染的“三重地球危机”,在国际环境法中寻求新的国际法律原则、权利和义务的有效整合似乎势在必行。继联合国人权理事会(2021年)和联合国大会(2022年)确认享有清洁、健康和可持续环境的权利是一项人权之后,新的《健康环境权公约》将重申这一权利。它还可以塑造和加强新的国际环境规范。为了确保健康环境权的有效性,拟议的公约需要确认健康环境权所固有的其他环境权利、义务和原则,并规定具体的执行和监测措施。本文探讨了通过拟议的健康环境权新公约的必要性,然后讨论了必须纳入健康环境权所固有的基本环境权利、义务和原则,并分析了如何执行和监测拟议的新公约,以确保有效保护环境和我们的环境权利。
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引用次数: 0
The Human Right to Public Participation in Environmental Decision-making: Some Legal Reflections 公众参与环境决策的人权:法律思考
Q3 Social Sciences Pub Date : 2023-05-02 DOI: 10.3233/epl-239001
O. Ruppel, Larissa-Jane Houston
Recent years have seen an increase in climate-related protests and demonstrations. There is a clear disparity between the opinions of the public and those of the state in relation to climate change and how it should be tackled. At the heart of the problem is poor communication between citizens and state actors, which has resulted in a lack of support from the public for the state’s climate policy formulation and implementation processes. To increase support for new and existing climate-related policies and initiatives, and to ensure that the fundamental human right to public participation is protected, the state must make a concerted effort to engage with the public during the policy formulation, introduction, application and monitoring phases. This would ensure that state actors are better informed about the concerns of the public and that, when promoting decision-making in climate-related policies, citizens are given opportunities to exercise their right to public participation. It would also promote transparency and accountability in the decision-making process and create a more engaged citizenry and inclusive society. The processes driving greater public participation are not new; they have been encouraged and supported by United Nations (UN) Office of the High Commissioner for Human Rights (OHCHR) and have been incorporated into environmental law both at the national level and at an international level through the United Nations Sustainable Development Goals (SDGs). However, it may be necessary to rethink and reframe existing public participatory processes to encourage stronger cooperation between all stakeholders in environmental decision-making processes including climate change.
近年来,与气候有关的抗议和示威活动有所增加。在气候变化以及如何应对气候变化的问题上,公众和政府的意见存在明显的分歧。问题的核心是公民与国家行为体之间沟通不畅,这导致公众对国家气候政策制定和实施过程缺乏支持。为了增加对新的和现有的气候相关政策和倡议的支持,并确保公众参与的基本人权得到保护,国家必须在政策制定、引入、应用和监测阶段共同努力,让公众参与进来。这将确保国家行为体更好地了解公众关注的问题,并确保在促进气候相关政策的决策时,公民有机会行使其公众参与权。它还将促进决策过程的透明度和问责制,创造一个更积极参与的公民和包容的社会。推动更多公众参与的进程并不新鲜;它们得到了联合国人权事务高级专员办事处(人权高专办)的鼓励和支持,并通过联合国可持续发展目标(sdg)被纳入国家和国际层面的环境法。然而,可能有必要重新考虑和重新规划现有的公众参与进程,以鼓励所有利益攸关方在包括气候变化在内的环境决策进程中加强合作。
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引用次数: 1
The End-of-Waste for the Transition to Circular Economy: A Legal Review of the European Union Waste Framework Directive 向循环经济过渡的废物终结:对欧盟废物框架指令的法律审查
Q3 Social Sciences Pub Date : 2023-04-25 DOI: 10.3233/epl-220064
Oskar Johansson
The generation of waste is certain and unavoidable. Waste will always exist in some form. It is, however, possible to minimize waste generation and thereby improve virgin resource utilization. Within the European Union, the concept of End of Waste is a legal instrument adopted to facilitate the transition from waste to product, thus by extension facilitate the conditions for a circular economy. In this paper, the implications of the legal definition transforming waste to product, End of Waste, is discussed against the backdrop of waste as a potential resource. Through legal analysis, three primary issues regarding the current formulation of article 6(1) of the Waste Framework Directive (2008/98/EC) are highlighted: (1) the cumulative conditions stated in article 6(1) creating (unnecessary) bottlenecks; (2) the fact that the conditions for End of Waste originally were intended to be operationalized through legislative acts, such as the regulation for iron scrap or glass cullet; and (3) the fact that there is no clear indication of what level of proof the conditions stated in article 6(1) requires and the ambiguity of its application this implies in general. The fact that there must be a specified use as well as a market for a ‘waste’ to transform into something else implies that the underlying idea of the incorporation of End of Waste loses some of its meaning.
废物的产生是必然的,也是不可避免的。废物总是以某种形式存在的。然而,可以最大限度地减少废物的产生,从而提高原始资源的利用率。在欧洲联盟内部,终止废物的概念是一项法律文书,旨在促进从废物向产品的过渡,从而为循环经济创造条件。在本文中,在废物作为一种潜在资源的背景下,讨论了将废物转化为产品的法律定义“废物终结”的含义。通过法律分析,强调了目前制定《废物框架指令》(2008/98/EC)第6(1)条的三个主要问题:(1)第6条第(1)款所述的累积条件造成(不必要的)瓶颈;(2) 终止废物的条件最初是打算通过立法来实施的,例如对铁屑或玻璃碎片的监管;以及(3)没有明确表明第6条第(1)款所述条件需要何种程度的证据,以及这意味着其适用的模糊性。事实上,“废物”必须有特定的用途和市场才能转化为其他东西,这意味着纳入“废物终结”的基本理念失去了一些意义。
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引用次数: 0
The UN Climate Change Regime Thirty Years on: A Retrospective and Assessment+ 联合国气候变化制度三十年回顾与评估
Q3 Social Sciences Pub Date : 2023-03-22 DOI: 10.3233/epl-219047
D. Bodansky
This article provides a retrospective assessment of the United Nations climate change regime at age thirty. It begins by reviewing the four key stages in the development of the regime. It then discusses how, despite considerable changes in the world, the climate change regime has stayed much the same, and analyzes why the issue has been so intractable. It introduces three models of how international law might address the climate change problem—a prescriptive, contractual, and facilitative/catalytic model—and argues that the facilitative/catalytic approach reflected in the Paris Agreement is best suited to address the climate change problem. It concludes with a report card on how the regime is doing on its 30th anniversary.
本文对30岁时的联合国气候变化机制进行了回顾性评估。它首先回顾了该制度发展的四个关键阶段。然后,它讨论了尽管世界发生了巨大变化,但气候变化机制是如何保持不变的,并分析了为什么这个问题如此棘手。它介绍了国际法如何解决气候变化问题的三种模式——规定模式、合同模式和促进/催化模式——并认为《巴黎协定》中反映的促进/催化方法最适合解决气候变化的问题。它以一份关于该政权成立30周年的成绩单结束。
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引用次数: 0
The Global Environmental Perplexity 全球环境困惑
Q3 Social Sciences Pub Date : 2023-03-13 DOI: 10.3233/epl-219057
Bharat H. Desai
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引用次数: 0
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Environmental Policy and Law
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