Chinese Journal of Environmental Law最新文献_第7页

Judicial Enforcement of Environmental Democracy: a Critical Analysis of Case Law on Access to Environmental Information in the European Union 环境民主的司法执行:欧盟环境信息获取判例法的批判性分析

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Chinese Journal of Environmental Law Pub Date : 2020-06-03 DOI: 10.1163/24686042-12340048

M. Peeters

{"title":"Judicial Enforcement of Environmental Democracy: a Critical Analysis of Case Law on Access to Environmental Information in the European Union","authors":"M. Peeters","doi":"10.1163/24686042-12340048","DOIUrl":"https://doi.org/10.1163/24686042-12340048","url":null,"abstract":"\u0000Since the 1970s, the concept of environmental democracy, including the right to gain access to environmental information, has emerged as an important concept to promote and ensure public engagement in governmental environmental decision-making. While it is, generally, understood that environmental procedural rights deserve protection across the globe, it remains to be identified to what extent, in practice, the application of such rights differs across jurisdictions. Such differences may be caused by specific understandings of democracy and institutional characteristics. In light of this, this article analyses the case law of the Court of Justice of the European Union (CJEU) regarding the right of access to environmental information. It observes that the EU legislature has implemented the right of access to environmental information more ambitiously than required under the Aarhus Convention, particularly with regard to legislative information. Moreover, the CJEU has steered EU institutions, including the European Commission, towards even greater transparency. The judicial reasoning by the CJEU is principled and refers to general values regarding openness and transparency codified in primary EU law and in the EU Charter of Fundamental Rights. These judicial developments also highlight the importance of promoting discourse on the implications of a rigorous approach to the right of access to environmental information, including the question of whether enabling wider public engagement necessarily leads to better decision-making. Finally, the article promotes the need for comparative research on how the right to gain access to environmental information is developing across the world.","PeriodicalId":29889,"journal":{"name":"Chinese Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2020-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/24686042-12340048","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42726449","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}

引用次数: 0

Friends of Nature and Public Interest Environmental Litigation 自然之友与环境公益诉讼

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Chinese Journal of Environmental Law Pub Date : 2019-12-03 DOI: 10.1163/24686042-12340043

Y. Liu

{"title":"Friends of Nature and Public Interest Environmental Litigation","authors":"Y. Liu","doi":"10.1163/24686042-12340043","DOIUrl":"https://doi.org/10.1163/24686042-12340043","url":null,"abstract":"This note looks at the work of the national non-governmental environmental protection organization Friends of Nature (FON). It first explains the organization’s environmental law and policy activities and then focuses on a current water pollution case as an example of the kinds of legal work in which it engages. It concludes by addressing the issues that are still prevalent around standing to sue by public interest environmental organizations. FON was founded in 1994 and is the earliest national non-governmental environmental protection organization in China. Its activities include public environmental protection activities, environmental education, law reform and public interest litigation. The strategic goals of FON include nurturing, and supporting ‘green-minded’ citizens and promoting more self-organized environmental activities. The public environmental protection activity programs including zero-waste events, ‘Blue Sky Lab’, ‘Low-Carbon Family’ and river protection. ‘Blue Sky Lab’ was initiated by FON as an innovative platform for free public participation in detecting air pollution and developing haze solutions, involving scientists and other professionals, volunteers and members of the general community. This program has conducted various activities, such as","PeriodicalId":29889,"journal":{"name":"Chinese Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2019-12-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/24686042-12340043","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47615262","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}

引用次数: 1

Editorial 编辑

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Chinese Journal of Environmental Law Pub Date : 2019-12-03 DOI: 10.1163/24686042-12340039

B. Boer, Rowena Cantley-Smith, Tianbao Qin

引用次数: 0

Prioritizing Access of Renewable Energy to the Grid in China: Regulatory Mechanisms and Challenges for Implementation 中国可再生能源优先接入电网:监管机制和实施挑战

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Chinese Journal of Environmental Law Pub Date : 2019-12-03 DOI: 10.1163/24686042-12340041

Hao Zhang

{"title":"Prioritizing Access of Renewable Energy to the Grid in China: Regulatory Mechanisms and Challenges for Implementation","authors":"Hao Zhang","doi":"10.1163/24686042-12340041","DOIUrl":"https://doi.org/10.1163/24686042-12340041","url":null,"abstract":"\u0000Following decades of fast growth in China’s power sector, underpinned by considerable investment in coal-fired generation, in recent years there has been a decisive move towards increasing energy supply that is climate and environmentally friendly. In order to meet this policy agenda, a number of regulatory mechanisms have been established to support and further the implementation of China’s Renewable Energy Law. A key feature of these regulatory developments has been increased regulation and enforcement of the obligation to ensure priority access of renewable energy to the power grid and full purchase of renewable energy generation. In practice, however, utilising electricity generation from renewable sources has been significantly curtailed. This article analyses whether the law and policy frameworks provide sufficient support and protection to ensure priority access of renewable energy in China. By considering relevant Chinese law cases, this article also provides insights into the judicial and regulatory practices in relation to curtailment disputes, particularly the limited transparency of the mediation process and the challenges faced by renewable energy generators in bringing cases to court.","PeriodicalId":29889,"journal":{"name":"Chinese Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2019-12-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/24686042-12340041","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44336335","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}

引用次数: 7

Import of Electronic Waste into Nigeria: the Imperative of a Regulatory Policy Shift 进口电子废物到尼日利亚:监管政策转变的必要性

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Chinese Journal of Environmental Law Pub Date : 2019-12-03 DOI: 10.1163/24686042-12340040

E. Amechi, B. Oni

引用次数: 7

The Ecosystem Approach and Environmental Justice Nexus in Natural Resource Management 生态系统方法与自然资源管理中的环境正义关系

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Chinese Journal of Environmental Law Pub Date : 2019-08-13 DOI: 10.1163/24686042-12340035

S. Alam, S. Mohammad

引用次数: 0

UN Environment—Advancing the Environmental Rule of Law in the Asia Pacific 联合国环境署——推进亚太地区环境法治建设

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Chinese Journal of Environmental Law Pub Date : 2019-08-13 DOI: 10.1163/24686042-12340037

Andy Raine, E. Pluchon

引用次数: 6

Forest Preservation in a Changing Climate: REDD+ and Indigenous and Community Rights in Indonesia and Tanzania 气候变化中的森林保护:REDD+以及印度尼西亚和坦桑尼亚的土著和社区权利

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Chinese Journal of Environmental Law Pub Date : 2019-08-13 DOI: 10.1163/24686042-12340038

Bingyu Liu

引用次数: 24

Marine Plastic Pollution in Asia: All Hands on Deck! 亚洲海洋塑料污染:全员行动!

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Chinese Journal of Environmental Law Pub Date : 2019-08-13 DOI: 10.1163/24686042-12340034

Beatriz García, Mandy Meng Fang, Jolene Lin

{"title":"Marine Plastic Pollution in Asia: All Hands on Deck!","authors":"Beatriz García, Mandy Meng Fang, Jolene Lin","doi":"10.1163/24686042-12340034","DOIUrl":"https://doi.org/10.1163/24686042-12340034","url":null,"abstract":"\u0000Marine plastics pollution (MPP) is an alarming problem affecting many countries, particularly in the Asia-Pacific region, and generated mostly from land-based sources. Five Asian countries (i.e. China, Indonesia, the Philippines, Vietnam and Sri Lanka) have been identified as the largest sources of MPP globally. This article presents two cases studies focused on the two largest polluters: China and Indonesia. Both countries face similar challenges in dealing with plastic pollution. They have weak legal and institutional frameworks in place to deal with MPP. The two case studies also show that there have been more creative and effective measures taken at the domestic level by local governments and non-state actors, many of which involve partnerships among different stakeholders. This article argues that governance efforts to address MPP require an ‘all hands-on deck’ approach, involving multi-level and multi-actor strategies and targeted regulatory and non-regulatory measures. However, our findings also suggest that most efforts should be directed at the subnational level, from which the problem mainly originates. This article proposes a number of legal and policy recommendations, based on the lessons learned from the case studies, which can be instrumental in reducing the global MPP crisis.","PeriodicalId":29889,"journal":{"name":"Chinese Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2019-08-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/24686042-12340034","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43347155","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}

引用次数: 32

Protection of the Environment and Natural Resources during Armed Conflicts in Africa 非洲武装冲突期间的环境和自然资源保护

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Chinese Journal of Environmental Law Pub Date : 2019-08-13 DOI: 10.1163/24686042-12340036

Michael Addaney, M. Nyarko, E. Boshoff

{"title":"Protection of the Environment and Natural Resources during Armed Conflicts in Africa","authors":"Michael Addaney, M. Nyarko, E. Boshoff","doi":"10.1163/24686042-12340036","DOIUrl":"https://doi.org/10.1163/24686042-12340036","url":null,"abstract":"\u0000Scarce environmental and natural resources, such as minerals and water, are traditional origins of armed conflicts in Africa. There are persuasive and wide-ranging claims to the effect that environmental degradation will intensify resource scarcity and consequently contribute to an increase in armed conflict. Existing studies show that most governments in Africa overexploit valuable natural resources such as diamonds, oil and timber to finance war, without regard to environmental protection. Environmental protection during armed conflict has therefore gradually gained significant attention at international, national and regional levels. This article explores how regional laws could fill gaps in the international legal frameworks for the protection of the environment and natural resources in the context of armed conflicts in Africa. It considers the extent to which the enforceable content of regional and international norms apply to environmental damage in times of armed conflict and assesses the main shortcomings of existing normative frameworks to make a case for reform. The article argues that regional law (the African Convention on the Conservation of Nature and Natural Resources) offers strong and direct protection to the natural environment during armed conflict and requires a lower threshold for its application as compared with the Additional Protocol I to the Geneva Conventions. It concludes by providing recommendations on finding durable solutions to protection of the environment during resource-fuelled armed conflict in Africa.","PeriodicalId":29889,"journal":{"name":"Chinese Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2019-08-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/24686042-12340036","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44760109","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}

引用次数: 3