Environmental Policy and Law

This article argues that the UN Framework Convention on Climate Change (UNFCCC)’s conception of common but differentiated responsibilities and respective capabilities (CBDRRC) was never effectively implemented through the Kyoto Protocol. The investments under the Kyoto Protocol’s Clean Development Mechanism suggest that CBDRRC has been used by developed countries to buy a “right to pollute”, i.e., maintaining or even increasing their greenhouse gas emissions, while investing in clean energy in developing nations, thus defeating the essence of CBDRRC as intended under the UNFCCC.

Second, it points out that the Paris Agreement reflects a significant shift in the overall concept of CBDRRC, both in terms of its textual understanding as well as its implementation. A qualifier, “in the light of national circumstances”, was added to the principle of CBDRRC in the Paris Agreement, allowing a form of voluntary self-differentiation. This qualifier diluted a top-down, objective analysis of States’ commitments. For several scholars, this shift has meant a softening of the principle, making the “differentiation” more dynamic and flexible.

In the authors’ opinion, the qualifier is a fundamental modification of the principle to make it politically more palatable. It completely disregards the notion of historical responsibility for climate change, which was the cornerstone of CBDRRC as conceived under the UNFCCC. Therefore, rather than presenting a more flexible understanding of UNFCCC’s conception of CBDRRC, the Paris Agreement marks a total departure from it. Lacking an explicit redefinition of the principle of CBDRRC, it is misleading to contend that the Paris Agreement is still anchored in it.

The worldwide water crisis has become alarming in recent years due to factors including climate change, population growth and concomitantly increasing demands for water. This has made the world water situation challenging. In a large number of countries, water supplies are not adequate to satisfy even the minimum needs of the people. While international regulation of water has traditionally operated from the perspective of the State, recent human rights instruments have shifted the debate.

There is no universal treaty containing an explicit human right to water. Despite this lack, the UN General Assembly (UNGA) has adopted resolutions expressly recognising the human right to water, which has also been incorporated into the UN Sustainable Development Goals (SDGs). In this context, the aim of this paper is to examine the present status of the right to water in international law.

The liability of multinational entities that have caused greenhouse gas emissions through their extraction activities in the fossil fuel industry has pushed climate change on to the international agenda. Those corporations now face challenges from litigants who have initiated negligence or nuisance actions for breach of duty of care. Suits against individual corporations are now possible due to the development of attribution science that can register the extent of each liability. Litigants from third-world countries have to satisfy locus standi in bringing claims which is difficult to establish in some jurisdictions. For example, in Lliuya v. RWE, (Az. 2 O 285/15, OLG Hamm) 24/1/2017, a South American farmer brought a claim in Germany against RWE-AG, Germany’s largest electricity producer, to challenge the effects of greenhouse gas emissions from its plant in Peru. This paper asks: Is it possible for foreign litigants to bring a private tort action against the defendant corporation that has allowed greenhouse gas emissions, in that corporation’s domestic courts, and to surmount the obstacle of locus standi? It concludes that it is possible for litigants from developing countries to litigate effectively because the foreign courts’ statutory protections, such as the doctrine of separation of powers or political rights doctrine can be overcome if climate litigation is viewed as a human rights matter. The prospects of success of litigants has increased by the impact of event attribution science that can quantify the extent of private actor liability in climate change.

The immunity accorded to military ships and government ships used for non-commercial service in the high seas does not, in many cases, comply with the environmental protection measures set by the UN Convention on the Law of the Sea (UNCLOS). Both coastal and flag States attempt to balance their differing interests through UNCLOS; coastal States support the environmental protection of the high seas adjacent to their maritime zones while the flag States claim the rights of immunity and freedom of navigation. The jurisdictional immunity in the high seas accorded to government ships used only for non-commercial service will continue to raise inter-State disputes regarding the nature of permissible services and environmental protection. States should engage in a dialogue on these issues, in which they could discuss the concept of non-commercial service in the high seas, and bring into focus the potentially serious socio-economic and environmental consequences, such as accidental marine pollution caused by these ships.

The article discusses the Indonesian Waters Act (No. 17 of 1985) and its use in the context of criminal acts in the Malacca Strait. According to Indonesia’s Maritime Security Agency, more than 9,000 vessels passed through the Malacca Strait during March 2016. This level of traffic is often a magnet for those intending to engage in crimes. The article concludes that, having ratified the UNCLOS Convention in 1982, it is essential to create a specific body with authority over the Indonesian Malacca Strait and to renew the laws on the continental borderline at Malacca Strait with the other littoral States in the interests of crime prevention.

Using the Carmichael coal mine as a case study, this paper explores and analyses the current challenges and potentials of the Australian regulatory framework in designing policies that balance the direct local economic benefits with global environmental concerns and a global common vision about how to manage mining development and energy security challenges). In this effort, it evaluates the current Australian regulatory framework for mining projects, based on two hypotheses: 1) the development of large-scale mining energy projects linked to fossil-fuel resources creates legal challenges; 2) these legal challenges should be analysed in an interdisciplinary approach from both local and global perspectives on law, economics and socio-politics.

The floriculture sector is booming in Ethiopia, making the country the second largest flower exporter in Africa and one of the largest suppliers of flowers globally. Despite the enormous advantages of the Ethiopian floriculture industry to the country’s economy, the industry’s unsustainability related to environmental and human rights is growing. Failure to protect the environment can have profound negative impacts on long-term economic development and human rights, including the right to life, adequate food, water and housing. The floriculture industry has been identified as having the potential to grow and contribute positively to the agricultural transformation and economy of Ethiopia.

Policy, laws and regulations play a vital role in the implementation of any regulatory objective. During the last decade, Ethiopia has developed many policies and laws that link to improving the environment, and the flower farm industry itself has adopted self-regulation and standards, enhancing the protection of workers and the environment. But there is increasing evidence that the economic benefits of the flower industry come at the expense of the environment. So, what is the impact of these State and non-State regulations on a safe and clean environment?

This paper aims to analyse how, why and under what circumstances environmental policy implementation might work or fail, by investigating the challenges for the floriculture industry relating to the intensive use of pesticides and water, and inappropriate waste disposal in the policy implementation process. It is safe to say that Ethiopia has developed a lot of legislation on the environment but the challenge of effective monitoring and enforcement remains. This paper concludes with recommendations, based on the fact that the principles of environmental rights, the right to life and the right to development cannot be realised in the absence of the right to a healthy environment.

Climate change is, undeniably, a global phenomenon, which requires timely and sincere global efforts and commitments to save the planet before it is too late. The island nations in the blue Pacific region are arguably experiencing the destructive nature of climate change more than any other nation in the world. Scientists warn that this slow-motion phenomenon is claiming entire nations, which will not exist on the face of the earth as early as next century. Sea-level rise is one of the biggest existential threats that the region is facing. Countries such as Tuvalu, Kiribati and Marshall Islands have already started sinking with their citizens looking for alternative countries.

In Fiji, more than 200 low-lying villages are at risk of sinking and the government hopes to relocate these communities to higher ground, despite the pressure this would place on its weak economy. The relocatees will lose their most precious commodity, the land, which is their identity, status and source of survival. The other most precious commodity to which they attach a sense of belonging and will be lost for life are their ancestral homes, culture and traditional way of life. The relocation plan also creates distance between people and the sea, which is the source of their food.

This article argues that despite being considered an effective adaptation mechanism to climate change, the relocation plan is facing multiple hurdles. The plan is far beyond the financial capacity and technical prowess of the Fijian government. The other possible alternative to mass relocation is strengthening the locally-made seawalls into strong durable structures, which can withstand the strength of cyclones and be an effective barrier to further shoreline erosion. The small island developing nations of the Pacific region will need financial and technical assistance from the industrialised nations to implement such a project successfully.

The Nagoya Protocol on Access and Benefit-Sharing was adopted to help clarify the existing provisions regarding access to biological resources in the Convention on Biological Diversity. India’s domestic access and benefit-sharing (ABS) mechanism leaves much to be desired in terms of legislative design and with regard to its adherence to the environmental principles of public participation and equity. This article highlights the emerging legal issues pertaining to these aspects of ABS under India’s Biodiversity Act. Its discussion makes a case for revamping the legislative and institutional framework for effective ABS in India.

Wetlands are a critical resource, essential not only to water quality and quantity, but also to human sustenance and to the thriving ecosystems. Human and ecosystem dependence on wetlands is not well recognised in governmental oversight and community attitudes. As such, markets undervalue them and businesses and industry consider them disposable. Given that the market economy controls the “new normal”, it has not been uncommon for States, when formulating policies to exploit wetland resources for gain, thereby undermining their future and sustainability. India has made some attempts, both nationally and internationally to resolve these matters. This paper is an attempt to showcase one such common property resource, i.e. wetlands in the city of Bangalore, which are under tremendous stress from capitalism.

Forests keep our climate stable, absorbing carbon dioxide and releasing oxygen, and they regulate our water supply and improve its quality. Forests are vulnerable to anthropogenic activities which affect the biodiversity and have adverse socio-economic and environmental impacts. Large-scale destruction of the forests began with the British who wished to utilise the timber and the natural resources for the expansion and continuation of the empire. Over recent decades, human activity has also severely impacted the habitats and natural resources that wildlife and humanity depend on such as oceans, forests, coral reefs, wetlands and mangroves.

This study attempted to analyse the level of awareness among the general public about deforestation in India. The impact of deforestation is poorly understood and the rate of deforestation is alarming the environmentalists wishing to protect the wildlife and forest resources. The causes and impacts of deforestation are associated with human activities but the linkage is not clearly understood by the public and the level of awareness is poor.

This research aims to determine and analyse the categories of levies in the paid plastic bag policy in Indonesia, and its relevance to pollution levies. Based on analysis, this research comes to the following conclusion: the paid plastic bags policy in Indonesia cannot be categorised as a tax or charge. The main characteristics of taxes or charges are not contained in the policy of paid plastic bags, especially in terms of the legal relationship between the parties. Paying for plastic bags fits in much better with the general concept of a pollution levy. In the context of imposing a cost on consumers, the relevance of this policy to pollution-levy principles could be seen from the attainable objective, namely altering consumer behaviour through pricing. This study contributes to current global literature in the field of the use of the levy concept in the paid plastic bag policy and its relevance to pollution abatement principles.

The current research aimed to develop a model for the governance of Arab family companies and their legislation, which could contribute to the interconnection between the vision and the structures of supervision and control, and reduce conflicts, and duplication of decision-making and performance. This is an attempt to address the problems faced by Arab family companies, namely the ambiguity of roles, overlapping tasks, lack of discipline and reflection of family problems on the performance and growth of the company due to the absence of a structure for the governance of these companies.

The research used survey methods and a literature review to gather opinions and make comparisons and simulations, in order to extract indicators and evidence from them. The research concluded with the development of a model of corporate governance that seeks to unify the components of the various models and their indicators within a single model to avoid the defects in these models and benefit from their advantages and make all practices understandable, easy to implement and review.

This article summarises the research and its recommendations to address the various challenges discussed.

Fossil fuels have been the mainstream of energy supply and a major source of foreign exchange earnings for the Federal Government of Nigeria, in spite of being an unrenewable and unsustainable source of energy. Nigeria is yet to tap into the full benefits after privatising its power sector, including the new global evolution in the energy sector and the resulting increasing demand for renewable energy sources, which some consider to be cheaper and more environmentally friendly than fossil fuels and their allied products. Energy security is a challenge to socio-economic development in Nigeria, due to the country’s over-dependency on fossil fuels. In terms of their impact and the potentials to preserve energy sources for longevity and sustainability, however, fossil fuels will come to be seen as an out-dated alternative in the power sector as the energy industry evolves. The implications for Nigeria’s oil sector will not be limited to dwindling crude oil prices. The concerns include poor energy utilisation in Nigeria and the need to promote energy efficiency and sustainability. They have led to the formulation of new energy policies around the world to serve as a vehicle for translating solutions into reality. This study has adopted a library-based legal research method with a comparative approach. The study reveals that it is the lack of a coherent legal framework with incentives for using renewable energy that is largely seen as the key issue causing slow uptake of renewable energy as an alternative source of energy in Nigeria. As well as the need for a coherent legal framework on energy and incentives for using renewable energy sources, the study advocates stringent enforcement of existing energy regulatory policies.