The emergence of the global public interest stems from a shift in the notion of sovereignty that goes beyond the interest of a State per se. It comprises inevitability of the assertion of sovereignty in a state-centric international legal and global order. As growing numbers of international legal instruments factor in and use different nomenclatures to indicate quest to go beyond the narrow confines of ‘sovereignty’ to cater to need for co-existence with other nations and peoples, it calls for sensitivities in our pursuit for something ‘common’ on the planet earth. This article seeks to examine and contextualize the quest for a global common interest in the emerging scenario of deepening of the global environmental challenges and the need to find legal and institutional mechanisms for our survival. Can we chisel the existing tools and prioritize the common interest at the global level? What will it entail?
{"title":"On the Concept of a Global Public Interest: Some Reflections","authors":"Yann Aguila, Marie-Cécile de Bellis","doi":"10.3233/epl-219020","DOIUrl":"https://doi.org/10.3233/epl-219020","url":null,"abstract":"The emergence of the global public interest stems from a shift in the notion of sovereignty that goes beyond the interest of a State per se. It comprises inevitability of the assertion of sovereignty in a state-centric international legal and global order. As growing numbers of international legal instruments factor in and use different nomenclatures to indicate quest to go beyond the narrow confines of ‘sovereignty’ to cater to need for co-existence with other nations and peoples, it calls for sensitivities in our pursuit for something ‘common’ on the planet earth. This article seeks to examine and contextualize the quest for a global common interest in the emerging scenario of deepening of the global environmental challenges and the need to find legal and institutional mechanisms for our survival. Can we chisel the existing tools and prioritize the common interest at the global level? What will it entail?","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-02-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45015819","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}
Bangladesh is rich in biodiversity. However, the biological diversity of Bangladesh is declining day by day. Without the active participation of local people, biodiversity conservation initiatives may fail. Public involvement is vital for biodiversity conservation in the context of the biodiversity of Bangladesh. Public participation is necessary because it promotes the legitimacy of decisions concerning environmental matters, gives the public a chance to express its concerns, can reduce conflict among competing interests and can raise public awareness, educate people and strengthen the local community and indigenous people. The existing legal frameworks of Bangladesh on biodiversity provide some scope for public participation in biodiversity conservation. The current legal frameworks could be improved to ensure effective public participation in biodiversity conservation. Existing laws should be amended to include provisions like mandatory provision for co-management systems for the management of sanctuary, parks and other protected areas, provision for the development of skills and capacity of local people and provision to protect the traditional and the right of livelihood of the indigenous community The government of Bangladesh needs to take initiatives to revise the existing laws to broaden the scope of public involvement to ensure adequate and effective participation in biodiversity conservation efforts.
{"title":"Scope of Public Participation for the Protection of Biodiversity in Bangladesh: Some Legal Reflections","authors":"I. Jahan","doi":"10.3233/epl-210113","DOIUrl":"https://doi.org/10.3233/epl-210113","url":null,"abstract":"Bangladesh is rich in biodiversity. However, the biological diversity of Bangladesh is declining day by day. Without the active participation of local people, biodiversity conservation initiatives may fail. Public involvement is vital for biodiversity conservation in the context of the biodiversity of Bangladesh. Public participation is necessary because it promotes the legitimacy of decisions concerning environmental matters, gives the public a chance to express its concerns, can reduce conflict among competing interests and can raise public awareness, educate people and strengthen the local community and indigenous people. The existing legal frameworks of Bangladesh on biodiversity provide some scope for public participation in biodiversity conservation. The current legal frameworks could be improved to ensure effective public participation in biodiversity conservation. Existing laws should be amended to include provisions like mandatory provision for co-management systems for the management of sanctuary, parks and other protected areas, provision for the development of skills and capacity of local people and provision to protect the traditional and the right of livelihood of the indigenous community The government of Bangladesh needs to take initiatives to revise the existing laws to broaden the scope of public involvement to ensure adequate and effective participation in biodiversity conservation efforts.","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-02-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43611196","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}
The global environmental awareness and regulatory process has covered a trajectory of 50 years. From the innocent times of the first 1972 UN Conference on the Human Environment (UNCHE), the world has travelled very far. It has encompassed a veritable process comprising role of actors, polarizing issues such as balancing of environment-development, emergence of norms and governance forms. In the post-Westphalian governance order, the political landscape has been a determining factor for the contemporary environmental discourse. Even as the global governance architecture has become more complex and hierarchical, what can UNCHE + 50 ordain for our environmental future? What alternatives are possible for survival of the planet earth and betterment of the humankind? This article seeks to examine some of these issues of environmental politics that will determine the future course of action at UNCHE+50 event in June 2022 and beyond.
{"title":"Stockholm + 50: A Look Ahead in International Environmental Politics","authors":"P. Haas","doi":"10.3233/epl-219018","DOIUrl":"https://doi.org/10.3233/epl-219018","url":null,"abstract":" The global environmental awareness and regulatory process has covered a trajectory of 50 years. From the innocent times of the first 1972 UN Conference on the Human Environment (UNCHE), the world has travelled very far. It has encompassed a veritable process comprising role of actors, polarizing issues such as balancing of environment-development, emergence of norms and governance forms. In the post-Westphalian governance order, the political landscape has been a determining factor for the contemporary environmental discourse. Even as the global governance architecture has become more complex and hierarchical, what can UNCHE + 50 ordain for our environmental future? What alternatives are possible for survival of the planet earth and betterment of the humankind? This article seeks to examine some of these issues of environmental politics that will determine the future course of action at UNCHE+50 event in June 2022 and beyond.","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44926153","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}
The negotiation of the future Agreement governing the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction is in its final stage. Essentially a treaty for the protection of general interests, the Agreement can generate several benefits for the governance of the oceans. However, in the first three sessions of the intergovernmental conference, deep discrepancies have emerged with respect to the core issues of the package agreed in 2011. This article identifies various formulas and strategies that have been considered in the negotiations and incorporated in the Revised draft text as possible regulatory options with the potential to bring positions closer and facilitate the agreement: avoiding explicit reference to the legal status of marine genetic resources; the incorporation of differential and contextual norms; the introduction of due diligence obligations; the incorporation of internal soft law; and the reduction of the scope of the treaty. These options may help to provide flexibility and differentiation in the regulation but, as essentially pragmatic measures, they tend to sacrifice the ambition of the final Agreement. On the other hand, if States assume their real role and responsibility in the process –that of interpreters of general interest and custodians of marine biodiversity –they would be in a better position to find novel and more ambitious solutions for bringing this crucial Agreement to fruition. This article advocates a return to basics and the placing of the marine environment at the centre of the regulations.
{"title":"Negotiating an International Legal Instrument on Biodiversity Beyond National Jurisdiction: A Look Ahead","authors":"Marta Abegón Novella","doi":"10.3233/epl-210082","DOIUrl":"https://doi.org/10.3233/epl-210082","url":null,"abstract":"The negotiation of the future Agreement governing the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction is in its final stage. Essentially a treaty for the protection of general interests, the Agreement can generate several benefits for the governance of the oceans. However, in the first three sessions of the intergovernmental conference, deep discrepancies have emerged with respect to the core issues of the package agreed in 2011. This article identifies various formulas and strategies that have been considered in the negotiations and incorporated in the Revised draft text as possible regulatory options with the potential to bring positions closer and facilitate the agreement: avoiding explicit reference to the legal status of marine genetic resources; the incorporation of differential and contextual norms; the introduction of due diligence obligations; the incorporation of internal soft law; and the reduction of the scope of the treaty. These options may help to provide flexibility and differentiation in the regulation but, as essentially pragmatic measures, they tend to sacrifice the ambition of the final Agreement. On the other hand, if States assume their real role and responsibility in the process –that of interpreters of general interest and custodians of marine biodiversity –they would be in a better position to find novel and more ambitious solutions for bringing this crucial Agreement to fruition. This article advocates a return to basics and the placing of the marine environment at the centre of the regulations.","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45019440","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}
Saskia Stucki, Guillaume Futhazar, T. Sparks, B. Ackerman, Fatou Bensouda, L. Bhasin, D. Boyd, Chung-fai Choi, Martyn Day, Eduardo Ferrer Mac-Gregor Poisot, Idayat Hassan, D. Kaniaru, H. Keller, Viviana Krsticevic, Antonio Oposa, A. Peters, Paulo Pinto de Albuquerque, Flávia Piovesan, Caleb Pollard, C. Voigt
The World Lawyers’ Pledge on Climate Action is an open letter from and to the global legal community, calling for the mainstreaming of climate concerns throughout the law and legal profession. It seeks to rethink and redefine the role and responsibilities of lawyers in the climate crisis, and invites lawyers of all kinds –including practitioners, judges, scholars, civil servants, law students, and lawmakers –to integrate climate concerns into their respective areas of expertise and work. The magnitude and urgency of the climate crisis require all lawyers, not just environmental lawyers, to be part of the solution and contribute to climate-protective legal development. The Pledge can be endorsed and signed at http://www.lawyersclimatepledge.org.
{"title":"World Lawyers’ Pledge on Climate Action","authors":"Saskia Stucki, Guillaume Futhazar, T. Sparks, B. Ackerman, Fatou Bensouda, L. Bhasin, D. Boyd, Chung-fai Choi, Martyn Day, Eduardo Ferrer Mac-Gregor Poisot, Idayat Hassan, D. Kaniaru, H. Keller, Viviana Krsticevic, Antonio Oposa, A. Peters, Paulo Pinto de Albuquerque, Flávia Piovesan, Caleb Pollard, C. Voigt","doi":"10.3233/epl-219015","DOIUrl":"https://doi.org/10.3233/epl-219015","url":null,"abstract":" The World Lawyers’ Pledge on Climate Action is an open letter from and to the global legal community, calling for the mainstreaming of climate concerns throughout the law and legal profession. It seeks to rethink and redefine the role and responsibilities of lawyers in the climate crisis, and invites lawyers of all kinds –including practitioners, judges, scholars, civil servants, law students, and lawmakers –to integrate climate concerns into their respective areas of expertise and work. The magnitude and urgency of the climate crisis require all lawyers, not just environmental lawyers, to be part of the solution and contribute to climate-protective legal development. The Pledge can be endorsed and signed at http://www.lawyersclimatepledge.org.","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48665289","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":"Preface","authors":"Bharat H. Desai","doi":"10.3233/epl-219017","DOIUrl":"https://doi.org/10.3233/epl-219017","url":null,"abstract":"","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46812550","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}
The enforcement of environmental law in Indonesia shows a contradictory nature. The exploitation of natural resources by corporations has caused unparalleled disasters. Yet, the perpetrators, especially those corporations who work in collective, are rarely able to be persecuted. This research aims to examine the obstacles to environmental law enforcement in Indonesia and analyze the ideal environmental law enforcement model for future use. This research uses a qualitative approach which examines the concepts related to the ideal law enforcement for the future (ius constituendum). Our examination finds that there are three main obstacles in enforcing environmental law in Indonesia: the inability to deal with corporations which have strong political backing, overlapping authorities in the process of crime investigation, and difficulties faced by law enforcement officers in finding evidence. In light of these findings, we propose a model of legal protection for victims of pollution and/ or environmental destruction using the principle of restorative justice. In this model, judges can represent facilitators from the state for the initial stage. The value of this model is that rather than only pursuing punishment for the perpetrators, it shifts the focus towards providing compensation for the victims by the perpetrators.
{"title":"Environmental Crime and Law Enforcement in Indonesia: Some Reflections on Counterproductive Approaches","authors":"Hamidah Abdurrachman, A. Hamzani, J. Mariyono","doi":"10.3233/epl-210024","DOIUrl":"https://doi.org/10.3233/epl-210024","url":null,"abstract":"The enforcement of environmental law in Indonesia shows a contradictory nature. The exploitation of natural resources by corporations has caused unparalleled disasters. Yet, the perpetrators, especially those corporations who work in collective, are rarely able to be persecuted. This research aims to examine the obstacles to environmental law enforcement in Indonesia and analyze the ideal environmental law enforcement model for future use. This research uses a qualitative approach which examines the concepts related to the ideal law enforcement for the future (ius constituendum). Our examination finds that there are three main obstacles in enforcing environmental law in Indonesia: the inability to deal with corporations which have strong political backing, overlapping authorities in the process of crime investigation, and difficulties faced by law enforcement officers in finding evidence. In light of these findings, we propose a model of legal protection for victims of pollution and/ or environmental destruction using the principle of restorative justice. In this model, judges can represent facilitators from the state for the initial stage. The value of this model is that rather than only pursuing punishment for the perpetrators, it shifts the focus towards providing compensation for the victims by the perpetrators.","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41343037","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}
Sustainable development in Bahrain is considered one of the national core objectives in the Government Action Plan. Bahrain has enacted environmental legislation and adopted the National Environment Strategy. This study examines the appropriateness of the current environmental legislations in the context of SDGs. To achieve this goal, a scoping review was conducted to assess their compatibility. The study revealed that the successful integration of SDGs with the current environmental legislations can be carried out by recognising the challenges highlighted in the 2030 Agenda. This study suggests the quick-updating of the current environmental legislations in line with SDGs. There is still room for improvement, and more comprehensive and sustainable approaches need to be developed in the environment dimension to stay on track to reach the SDGs. The policies should factor in the possible linkage opportunities to develop a holistic management approach in the implementation, considering the international conventions’ obligations. The study can be deemed as the first attempt to examine the consistency of the SDGs with the national environmental legal framework, which can be employed to enhance the sustainable practices. Moreover, the study develops a simple framework that can assist in review, keep the legislations and strategy consistent with the SDGs.
{"title":"Bahrain’s Environmental Legal Tools for Giving Effect to Sustainable Development Goals: An Assessment","authors":"Abdulkarim Hasan Rashed","doi":"10.3233/epl-210021","DOIUrl":"https://doi.org/10.3233/epl-210021","url":null,"abstract":"Sustainable development in Bahrain is considered one of the national core objectives in the Government Action Plan. Bahrain has enacted environmental legislation and adopted the National Environment Strategy. This study examines the appropriateness of the current environmental legislations in the context of SDGs. To achieve this goal, a scoping review was conducted to assess their compatibility. The study revealed that the successful integration of SDGs with the current environmental legislations can be carried out by recognising the challenges highlighted in the 2030 Agenda. This study suggests the quick-updating of the current environmental legislations in line with SDGs. There is still room for improvement, and more comprehensive and sustainable approaches need to be developed in the environment dimension to stay on track to reach the SDGs. The policies should factor in the possible linkage opportunities to develop a holistic management approach in the implementation, considering the international conventions’ obligations. The study can be deemed as the first attempt to examine the consistency of the SDGs with the national environmental legal framework, which can be employed to enhance the sustainable practices. Moreover, the study develops a simple framework that can assist in review, keep the legislations and strategy consistent with the SDGs.","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42509130","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}
Environmental degradation is continuing globally despite various international environmental treaties. If the right to a healthy environment is recognised by a global instrument, this international recognition of this right could enhance the implementation and enforcement of various multilateral environmental agreements. Moreover, the international recognition of this right to a healthy environment could create a level playing field at the international level to ensure better balancing of competing interests. Furthermore, an international instrument for the recognition of this right is necessary to address many environmental challenges including climate change, the loss of biodiversity, marine pollution, long-range air pollution and plastic pollution which have global or trans-boundary dimensions. A second optional protocol to the ICESCR as an international instrument for the recognition of the right to a healthy environment could be adopted. It would be the best option for the adoption of an international instrument to recognise the right to a healthy environment.
{"title":"Do We Need an International Instrument for the Recognition of the Right to a Healthy Environment?","authors":"I. Jahan","doi":"10.3233/epl-210085","DOIUrl":"https://doi.org/10.3233/epl-210085","url":null,"abstract":"Environmental degradation is continuing globally despite various international environmental treaties. If the right to a healthy environment is recognised by a global instrument, this international recognition of this right could enhance the implementation and enforcement of various multilateral environmental agreements. Moreover, the international recognition of this right to a healthy environment could create a level playing field at the international level to ensure better balancing of competing interests. Furthermore, an international instrument for the recognition of this right is necessary to address many environmental challenges including climate change, the loss of biodiversity, marine pollution, long-range air pollution and plastic pollution which have global or trans-boundary dimensions. A second optional protocol to the ICESCR as an international instrument for the recognition of the right to a healthy environment could be adopted. It would be the best option for the adoption of an international instrument to recognise the right to a healthy environment.","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42939410","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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