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The Judiciary: Breathing Life into the Human Right to Life 司法机构:为生命权注入生命
Q3 Social Sciences Pub Date : 2022-04-26 DOI: 10.3233/epl-219058
Nicholas A. Robinson
The UN General Assembly (UNGA) recognized the human right to the environment on July 28, 2022 (resolution. 76/300). It came as a sequel to the Human Rights Council (HRC) resolution (48/13) of October 8, 2021 on the identical theme. The right is the foundation for all other human rights and for the UN Sustainable Development Goals 2030 (SDGs 2030). Most States have recognized the right in national constitutions and law. While international tribunals can be expected to clarify and enforce the human right to the environment, it is the national and sub-national courts where the right will be invoked and enforced. These national legal proceedings have begun. They face significant opposition by vested interests, as well as the inertia favoring business as usual. A case study examining the initial decisions in the State of New York (USA) illustrates the character of opposition to observing the right to the environment. Ultimately, procedural “due process of law” will combine with the substantive “human right to the environment” to build needed rigor into laws mandating stewardship of the nature and human wellbeing.
联合国大会于2022年7月28日承认环境人权(第76/300号决议)。它是人权理事会2021年10月8日关于同一主题的第(48/13)号决议的续集。这项权利是所有其他人权和联合国2030年可持续发展目标的基础。大多数国家已在国家宪法和法律中承认这一权利。虽然可以期待国际法庭澄清和执行环境人权,但援引和执行这项权利的是国家和地方法院。这些国家法律程序已经开始。他们面临既得利益者的强烈反对,以及支持一切照旧的惰性。一项个案研究审查了纽约州(美国)的初步决定,说明了反对遵守环境权的性质。最终,程序性的“正当法律程序”将与实质性的“环境人权”相结合,以将必要的严格性纳入法律,强制管理自然和人类福祉。
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引用次数: 0
Future of UNEP: Stockholm+50 and beyond + 环境署的未来:斯德哥尔摩+50及以后+
Q3 Social Sciences Pub Date : 2022-04-22 DOI: 10.3233/epl-219029
D. Kaniaru
Environmental issue on to the global radar screen with the first UN Conference on Human Environment (UNCHE) hosted by the Swedish Government in Stockholm during 5–16 June 1972. The momentum generated by this historic meeting was attended by only two heads of Government of Sweden and India. It took place amid skepticism about the approach, the North-South divide and the idea that global problems need global solutions. It gave birth to a new UN environment entity –UNEP –that became the first major UN entity to be located in the African continent. The UN General Assembly driven global conferencing approach has stood the test of time as witnessed in subsequent summits at Rio de Janeiro (1992), Johannesburg (2002) and Rio+20 event (2012). Now the stage is set for the 50 years of the UNCHE. The first part took place in Nairobi during 3-4 March 2022. The second part will be held in Stockholm during 2-3 June 2022. The author has been privy as well as a participant in the making of UNEP from its inception and his life became intertwined with the life of UNEP. This article seeks to provide that firsthand account along with what went wrong and what lies ahead beyond Stockhom+50 event.
1972年6月5日至16日,瑞典政府在斯德哥尔摩主办了第一届联合国人类环境会议,环境问题成为全球关注的焦点。只有瑞典和印度的两位政府首脑出席了这次历史性会议所产生的势头。这是在对这种方法、南北分歧以及全球问题需要全球解决方案的想法持怀疑态度的情况下发生的。它催生了一个新的联合国环境实体——环境署,成为第一个位于非洲大陆的主要联合国实体。联合国大会推动的全球会议方式经受住了时间的考验,随后在里约热内卢(1992年)、约翰内斯堡(2002年)和里约+20会议(2012年)举行的首脑会议也见证了这一点。现在,UNCHE 50年的舞台已经搭建好了。第一部分于2022年3月3日至4日在内罗毕举行。第二部分将于2022年6月2日至3日在斯德哥尔摩举行。作者从一开始就参与了环境署的创建,他的生活与环境署的生活交织在一起。这篇文章试图提供第一手资料,以及Stockhom+50事件之后出现的问题和未来。
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引用次数: 0
Beyond Sustainability: Challenges for Environmental Law in the Era of Uncertainty 超越可持续性:不确定性时代环境法面临的挑战
Q3 Social Sciences Pub Date : 2022-04-22 DOI: 10.3233/epl-219027
Jordi Jaria-Manzano
It is growingly accepted that the Planet has entered into a new geological era, the Anthropocene. Even if it is controversial to assess the changes in the Earth System brought by this geological transformation, it seems clear that the increasing exchange between society and its biophysical support gives as a result a global ecosocial network of astonishing complexity. Consequently, it has been concluded that the Anthropocene would be a more unstable geological period compared with the Holocene, with escalating plausibility of nonlinear disruptive events. International institutions and governments of states continue to produce environmental regulations, inspired in a constitutional framing of the global environmental crisis. This approach is largely based in the concept of sustainable development, which implies a negation of planetary change and ignores the growing uncertainty of planetary processes, according to the complexity of interactions of human agency and planetary evolution in the Anthropocene. The occurrence of nonlinear events is at odds with a political and legal vision which is essentially static, because of the confidence in some kind of technological fix of global environmental crisis. This paper is focused on the inability of sustainability to capture the implications of the narrative of planetary transformation, and explores the concept of resilience as alternative.
人们越来越普遍地认为,地球已经进入了一个新的地质时代,即人类世。即使评估这一地质转变所带来的地球系统变化是有争议的,但很明显,社会与其生物物理支持之间日益增加的交流因此形成了一个具有惊人复杂性的全球生态社会网络。因此,得出的结论是,与全新世相比,人类世将是一个更加不稳定的地质时期,非线性破坏性事件的合理性不断上升。受全球环境危机宪法框架的启发,国际机构和各国政府继续制定环境法规。这种方法在很大程度上基于可持续发展的概念,根据人类世人类机构和行星进化相互作用的复杂性,这意味着否定行星变化,并忽视了行星过程日益增加的不确定性。由于人们对全球环境危机的某种技术解决方案充满信心,非线性事件的发生与基本上是静态的政治和法律愿景不一致。本文关注的是可持续性无法捕捉行星转型叙事的含义,并探讨了韧性作为替代方案的概念。
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引用次数: 0
Envisioning the Future of the Third Pole: A Look Ahead 展望第三极的未来:展望未来
Q3 Social Sciences Pub Date : 2022-04-20 DOI: 10.3233/epl-219026
K. Oli, B. Shakya, Manish Pandey
This article envisions the future of the Third Pole Region (TPR) considering the principles and mechanisms for a regional alliance among the countries sharing the Third Pole environment. The TPR comprises the largest and the highest mountain ranges on earth connecting 12 countries. Often referred to as the “Water Tower of Asia” it is the headwater of 10 major Asian rivers that provides water to over 1.4 billion people downstream. The Third Pole environment is rapidly changing –changes driven by both climate and anthropogenic influence. Impact of the increased greenhouse gas emissions is considered to be more serious in the Third Pole than any other place in the world. The rapidly changing climate and its impacts on TPR environment means cascading changes in snow, water, air, land, biodiversity, and people not just in the TPR but also in the adjacent river basins and landscapes. Such transboundary implications demand attention going beyond country led climate action. It demands collaborative science interventions to develop a thorough understanding of climate trends and projections, drivers of changes, depth of consequences, but importantly harmonization of laws and policies to navigate the cost of impact and inactions for the entire region. The prospective “Third Pole Alliance” regional cooperation framework outlined here provides an institutional justification and governance set up to harmonize action of 12 countries sharing the TPR. The alliance is going to be crucial if we are to regulate development oriented anthropogenic influences, streamline global, regional and local investments for collective climate action, and contribute to keeping the target of 1.5°C –the target which is already too high for the TPR.
本文设想了第三极地区(TPR)的未来,考虑到共享第三极环境的国家之间的区域联盟的原则和机制。TPR包括地球上最大和最高的山脉,连接12个国家。它通常被称为“亚洲水塔”,是亚洲10条主要河流的源头,为下游14亿多人口提供水。由于气候和人为影响,第三极的环境正在迅速变化。温室气体排放增加对第三极的影响被认为比世界上任何其他地方都要严重。快速变化的气候及其对青藏高原环境的影响意味着不仅在青藏高原,而且在邻近的河流流域和景观中,雪、水、空气、土地、生物多样性和人都发生了级联变化。这种跨界影响需要超越国家主导的气候行动予以关注。它需要协作性的科学干预,以全面了解气候趋势和预测、变化的驱动因素、后果的深度,但更重要的是协调法律和政策,以应对整个地区的影响和无所作为的代价。本文概述的未来“第三极联盟”区域合作框架为12个共享TPR的国家协调行动提供了制度依据和治理机制。如果我们要规范以发展为导向的人为影响,简化全球、区域和地方对集体气候行动的投资,并为保持1.5°C的目标做出贡献,这个目标对于TPR来说已经太高了,那么这个联盟将至关重要。
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引用次数: 0
Legal Lamination to Transboundary Movement of Plastic Pollutants 塑料污染物越境转移的法律分层
Q3 Social Sciences Pub Date : 2022-04-20 DOI: 10.3233/epl-219025
S. Subedi, A. Pandey
The menace caused by plastic waste is one of the biggest challenges the world is facing today. It is established that plastic pollution and its accumulation in the world ocean is one of the greatest threats exacerbating all three planetary existential threats identified by the UN. The presence of plastic pollutants in the marine environment is due to its transboundary and cross-continental movement. Therefore, after five decades of the Stockholm conference, it seems necessary to explore how far the principles and objectives of the Stockholm Declaration can be utilized to accommodate the rising concerns and to address the existing environmental crises, including the plastic pollution. There is a need to develop a cooperative scheme that enables the international community of States to come together and find a solution using the expertise of the Basel Convention. Such an initiative –a sort of alliance of states, both members and non-member States to the Convention - could also pave the way for similar collaboration among States to tackle the issues associated with plastic and other forms of pollution.
塑料垃圾造成的威胁是当今世界面临的最大挑战之一。已经确定,塑料污染及其在世界海洋中的积累是加剧联合国确定的所有三个地球生存威胁的最大威胁之一。海洋环境中存在塑料污染物是由于其越境和跨大陆运动。因此,在斯德哥尔摩会议召开50年之后,似乎有必要探讨《斯德哥尔摩宣言》的原则和目标在多大程度上可以用来应对日益严重的关切,并解决包括塑料污染在内的现有环境危机。有必要制定一项合作计划,使国际社会各国能够团结起来,利用《巴塞尔公约》的专门知识找到解决办法。这一举措是《公约》成员国和非成员国的一种联盟,也可以为各国之间的类似合作铺平道路,以解决与塑料和其他形式污染有关的问题。
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引用次数: 0
Environmental Terrorism: A New Prohibited Crime under International Law? 环境恐怖主义:一种新的国际法禁止犯罪?
Q3 Social Sciences Pub Date : 2022-04-19 DOI: 10.3233/epl-219023
G. Rose
The ease with which severe harms can be deliberately inflicted upon the natural environment to coerce political behaviour pose real and current threats to both nature and to social stability. There is a serious lack of international law to criminalise environmental terrorism. This lacuna could be remedied in part by the formulation and adoption of a new treaty to define and criminalise acts of terror against the natural environment. The outline of such a treaty is described in this article.
故意对自然环境造成严重损害以迫使政治行为的行为很容易,这对自然和社会稳定都构成了现实和当前的威胁。目前严重缺乏将环境恐怖主义定为犯罪的国际法。制定和通过一项新的条约来界定针对自然环境的恐怖行为并将其定为犯罪,可以部分弥补这一空白。这篇文章描述了这样一个条约的大纲。
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引用次数: 1
From “Do trees have rights?” to wondering about ecocide –drawing on the rule of law to protect our environment+ 出自《树有权利吗?》到对生态灭绝的疑惑——依靠法治来保护我们的环境
Q3 Social Sciences Pub Date : 2022-04-19 DOI: 10.3233/epl-219024
Eleanor Sharpston
This study argues that trees and other natural resources should have rights (for example, the right to exist) and that environmental groups should be entitled to speak for them and to present their claims in court. It calls for a little deeper thinking about what specific rights trees need in order to prosper as trees. In fact, we draw as to what legitimately may be done to the environment surrounding trees without trespassing upon their respective rights might be different. When the legislator has enacted laws that do protect trees (or surfaces of water, or habitats for birds and animals), the important next question then becomes, ‘how are those laws actually to be enforced?’ One possibility is to amend the Rome Statute to include ecocide.
这项研究认为,树木和其他自然资源应该有权利(例如,生存的权利),环保组织应该有权为它们说话,并在法庭上提出自己的主张。它要求我们更深入地思考树木需要哪些特定的权利才能像树木一样茁壮成长。事实上,我们得出的结论是,在不侵犯树木各自权利的情况下,对树木周围的环境可以做些什么可能是不同的。当立法者制定了保护树木(或水面,或鸟类和动物栖息地)的法律时,下一个重要的问题就变成了,“这些法律实际上是如何执行的?”“一种可能是修改《罗马规约》,将生态灭绝纳入其中。
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引用次数: 0
Getting it Right: Advances of Human Rights and the Environment from Stockholm 1972 to Stockholm 2022 正确:从1972年斯德哥尔摩到2022年斯德哥尔摩的人权和环境进步
Q3 Social Sciences Pub Date : 2022-04-19 DOI: 10.3233/epl-219022
J. Ebbesson
The 1972 UN Stockholm Conference of the Human Environment (UNCHE) was ahead of its time in asserting that “Man has the fundamental right to freedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being”. Fifty years later, at Stockholm+50, the human rights approach to environment protection has been significantly consolidated in international law and governance. The article describes and reflects on these developments from the 1972 Stockholm Conference to the 2022 Stockholm Meeting. The consolidation of the human rights approach to environment protection results from normative advances at regional and global scales, further world summits on environment and sustainable development, international treaty-making to protect the environment and human rights, international policy documents and declarations, and remarkable jurisprudential developments. In parallel, fundamental rights relating to the environment have also been recognised in numerous national constitutions and laws. While the human rights approach is not a panacea to resolve all environmental concerns, and to ascertain due concerns for non-human species and interests that are not directly linked to human well-being, it is a key to ensure that no one is left behind in the pursuit for sustainable development and prosperity.
1972年联合国斯德哥尔摩人类环境会议(UNCHE)领先于时代,宣称“人类享有自由、平等和适足生活条件的基本权利,在一个高质量的环境中,可以过上有尊严和幸福的生活”。50年后,在“斯德哥尔摩+50”大会上,人权环境保护方针在国际法和国际治理中得到了显著巩固。本文描述并反思了从1972年斯德哥尔摩会议到2022年斯德哥尔摩会议的这些发展。在区域和全球范围内规范的进步、关于环境和可持续发展问题的进一步世界首脑会议、制定保护环境和人权的国际条约、国际政策文件和宣言、以及显著的法理发展,使人权方针得到巩固。与此同时,许多国家宪法和法律也承认与环境有关的基本权利。虽然人权办法不是解决所有环境问题的灵丹妙药,也不是确定对非人类物种和与人类福祉没有直接联系的利益的适当关切的灵丹妙药,但它是确保在追求可持续发展和繁荣的过程中不让任何人掉队的关键。
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引用次数: 1
The Role of Nudges as Behavioral Regulation Tools for Smart Cities: A Comparative Perspective on New York and Sao Paulo 轻推作为智能城市行为调节工具的作用:纽约和圣保罗的比较视角
Q3 Social Sciences Pub Date : 2022-03-26 DOI: 10.3233/epl-210118
Luiz Eduardo, Rafael Oliveir
The present paper aims to do a parallel between the city of New York and Sao Paulo, which are cities that, in a comparative model, have many differences when it comes to the application of the concepts of smart cities and the objectives of the 2030 Agenda. Speaking in the smart city refers to the idea of safety, modern means of transport with reduction or neutralization in the emission of greenhouse gases, greater locomotive technology, economy, social cohesion, use of renewable energy methods, and greater contact of human beings with nature, as exposed in the IESE Cities in Motion Index 2020. The article will present the notion of a Smart City and will assess whether the cities of New York and Sao Paulo fulfill the requirements to fit into the notion of smart cities. In the end, the text will demonstrate the importance of behavioral regulation, with an emphasis on nudges, for the implementation of smart cities.
本文旨在对纽约市和圣保罗市进行比较,在比较模型中,这两个城市在智能城市概念和《2030年议程》目标的应用方面存在许多差异。智能城市指的是安全、减少或中和温室气体排放的现代交通工具、更大的机车技术、经济、社会凝聚力、可再生能源方法的使用以及人类与自然的更多接触,正如2020年IESE城市运动指数所揭示的那样。这篇文章将介绍智能城市的概念,并将评估纽约和圣保罗的城市是否满足融入智能城市概念的要求。最后,本文将展示行为监管的重要性,重点是推动智能城市的实施。
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引用次数: 1
Fair Trial and Expert Judges – Towards Environmental Justice? 公平审判与专家法官-迈向环境正义?
Q3 Social Sciences Pub Date : 2022-03-23 DOI: 10.3233/epl-210101
Hanna Nieminen-Finne
This article examines the role of expert judges who participate in resolving environmental protection cases at the Vaasa Administrative Court, Finland, which is the first instance of appeal. The expert judges have a degree in either engineering or natural sciences and they work as full-time judges. This article describes the requirements of a fair trial according to the Convention on Human Rights. The most interesting elements of a fair trial are the adversary principle and the independence and impartiality of the court. Access to a court and to justice and the Aarhus Convention are the basic elements of environmental justice and the Finnish system. Several international aspects support it. Even the most critical aspect, the adversary principle, does not demand the abolishment of the system of environmental expert judges.
本文探讨了在芬兰瓦萨行政法院参与解决环境保护案件的专家法官的作用,该法院是上诉的第一审。专家评委拥有工程或自然科学学位,他们是全职评委。本条介绍了根据《人权公约》进行公正审判的要求。公平审判最有趣的要素是对抗原则以及法院的独立性和公正性。诉诸法院和司法以及《奥胡斯公约》是环境司法和芬兰制度的基本要素。几个国际方面对此表示支持。即使是最关键的方面,即对抗原则,也不要求废除环境专家法官制度。
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引用次数: 0
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Environmental Policy and Law
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