Asia Pacific Journal of Environmental Law最新文献_第2页

A beacon of hope for a troubled Earth? A critical analysis of China’s authoritarian approach to constructing ‘ecological civilization’ 给陷入困境的地球带来希望的灯塔?中国威权主义“生态文明”建设的批判性分析

Asia Pacific Journal of Environmental Law Pub Date : 2023-10-06 DOI: 10.4337/apjel.2023.01.05

Evelyn Li Wang

{"title":"A beacon of hope for a troubled Earth? A critical analysis of China’s authoritarian approach to constructing ‘ecological civilization’","authors":"Evelyn Li Wang","doi":"10.4337/apjel.2023.01.05","DOIUrl":"https://doi.org/10.4337/apjel.2023.01.05","url":null,"abstract":"The urgency of the ecological situation in the age of the Anthropocene has led to a call for concerted efforts across the globe. Disappointed at the liberal democracies’ environmental inaction, as evidenced in the political gridlock after attempts to compromise capitalists’ interests in overexploiting natural resources, or to limit individual freedom in engaging unsustainable behaviour, environmentalists are turning to more decisive state actions in combating environmental problems. In this field, arguably, China’s authoritarian approach to constructing ecological civilization is viewed as a beacon of hope by some environmental commentators. This article, after exploring the concepts of environmental authoritarianism and ecological civilization, demonstrates how the state-driven top-down construction of ecological civilization, exemplified by campaign-style enforcement and coercive enforcement, does not only fail to resolve ‘the tragedy of the commons’, but also results in ‘the tragedy of the ordinaries’. It further discusses implications for China’s construction of ecological civilization beyond the borders of China. The conclusion is reached that caution is demanded when using such a state-led authoritarian approach to addressing environmental problems on this troubled earth.","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135346167","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

Modern slavery: the hidden obstacle to achieving climate justice in the Asia-Pacific region, and beyond 现代奴隶制:亚太地区及其他地区实现气候正义的隐藏障碍

Asia Pacific Journal of Environmental Law Pub Date : 2023-10-06 DOI: 10.4337/apjel.2023.01.03

Joshua Glass

{"title":"Modern slavery: the hidden obstacle to achieving climate justice in the Asia-Pacific region, and beyond","authors":"Joshua Glass","doi":"10.4337/apjel.2023.01.03","DOIUrl":"https://doi.org/10.4337/apjel.2023.01.03","url":null,"abstract":"While many developed countries have committed to tackling the global challenge of slavery, there has been little policy recognition that climate change and climate disasters are key drivers of these hidden exploitative practices. This article aims to bridge this divide by presenting evidence that climate-displaced persons have been targeted by traffickers or, facing limited alternatives, have voluntarily entered into exploitative employment in industries which are themselves fuelling the climate crisis. Having established modern slavery as a climate justice issue, the author will demonstrate that developed countries have tended to treat the two as distinct problems to be solved separately, resulting in a siloed approach to two closely connected issues. Alternative approaches, which incorporate modern slavery considerations into climate change mitigation and adaptation frameworks and vice versa, will be considered, with a view to achieving better outcomes for victims of climate disasters who have thus far remained invisible. In particular, case studies from developed and developing countries in the Asia-Pacific region, which possesses both a high vulnerability to climatic hazards and over half of the world’s modern slavery victims, will be of particular relevance throughout.","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135345718","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

Climate change and loss and damage in Bangladesh* 气候变化与孟加拉国的损失和损害*

Asia Pacific Journal of Environmental Law Pub Date : 2023-10-06 DOI: 10.4337/apjel.2023.01.01

Laurène Barmaz, Karen Makuch, Miriam Aczel, Saleemul Huq

{"title":"Climate change and loss and damage in Bangladesh*","authors":"Laurène Barmaz, Karen Makuch, Miriam Aczel, Saleemul Huq","doi":"10.4337/apjel.2023.01.01","DOIUrl":"https://doi.org/10.4337/apjel.2023.01.01","url":null,"abstract":"Climate change increasingly affects social, economic and ecological systems, particularly in the most vulnerable regions of the world. The most frequently promoted strategies for handling impacts are mitigation and adaptation. Despite employing these two approaches, ‘loss and damage’ (L&D) may still occur. Thus, a third strategic approach may be needed to help vulnerable communities deal with damage associated with climate impacts, which can take many forms including economic and non-economic loss. How to assess and manage L&D remains subject to contentious debate within climate change negotiations. There is still no clear and commonly accepted understanding of L&D consolidated in law or policy at the international level. In this article, it is confirmed that conflicting or unclear framing of L&D is one of the main explanations for the slow progress in accepting L&D as an important third approach – in addition to mitigation and adaptation – needed to measure and manage global impacts of climate change. This article analyses how L&D is currently framed in policy and institutional terms and identifies the main challenges to addressing it at the national and international levels. Better to understand the challenges of incorporating L&D into climate change strategies, the case of Bangladesh is examined.","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135351573","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

Developments in legislating dam safety in India: a tale of ifs and buts? 印度大坝安全立法的发展：如果和但是的故事？

IF 0.6

Asia Pacific Journal of Environmental Law Pub Date : 2023-05-12 DOI: 10.4337/apjel.2022.02.02

T. Puthucherril

{"title":"Developments in legislating dam safety in India: a tale of ifs and buts?","authors":"T. Puthucherril","doi":"10.4337/apjel.2022.02.02","DOIUrl":"https://doi.org/10.4337/apjel.2022.02.02","url":null,"abstract":"Given the many dams worldwide, safety is critical as a dam failure can negatively impact human health, property and the environment. India has a substantial stock of dams, ranking third after the US and China. However, about 80 percent of its large dams are over 25 years old, and nearly 227 dams are over 100 years. These ‘geriatric’ dams continue to function but raise serious safety concerns, with a classic example being the 127-year-old Mullaperiyar Dam. Although India’s track record of dam safety is more or less satisfactory, there has been poor maintenance and several failures. Even though ‘water’ under India’s Constitution is a matter that India’s States determine, India recently enacted the Dam Safety Act, 2021 at the national level. Many have expressed criticism of this statute for being ‘anti-federal’. This article evaluates the law on dam safety in India by highlighting the salience of India’s Dam Safety Act. The core argument is that given legislative laxity on the part of States in adopting dam safety measures, and the limitations on a State to legislate beyond its borders, the Union did need to intervene via the Dam Safety Act. By enacting this statute, the Union has not usurped the States’ powers. Instead, it has fortified cooperative federalism by creating institutional structures at the central and State levels to ensure that dam safety is not compromised and that people do not have to lose their lives unnecessarily.","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2023-05-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42390867","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

The New South Wales Heritage Act Review: a misdirected inquiry with a questionable purpose 新南威尔士州遗产法案审查:一个目的可疑的误导调查

IF 0.6

Asia Pacific Journal of Environmental Law Pub Date : 2023-05-12 DOI: 10.4337/apjel.2022.02.01

Kirk Daniel Gehri

{"title":"The New South Wales Heritage Act Review: a misdirected inquiry with a questionable purpose","authors":"Kirk Daniel Gehri","doi":"10.4337/apjel.2022.02.01","DOIUrl":"https://doi.org/10.4337/apjel.2022.02.01","url":null,"abstract":"The New South Wales (‘NSW’) government published a discussion paper in April 2021 to encourage debate prior to commencing a review of the Heritage Act 1977 (NSW) ‘Heritage Act’. The paper had three key themes: making heritage easy, putting heritage to work and making heritage relevant. An inquiry into the review was referred to the Legislative Council Standing Committee on Social Issues. Multiple public submissions to the standing committee criticized the government’s policy themes for having failed to include guiding principles for the Heritage Act, those being: to protect, conserve and celebrate the State’s cultural heritage. The National Trust (NSW) has sought that any future amendments to the Heritage Act result in better heritage outcomes, rather than a weakening of heritage protection. First, this article suggests that the NSW Government has misallocated the State’s resources by conducting a review of the Heritage Act, when many stakeholders have suggested the architecture of the Act is highly workable. Secondly, reform of the National Parks and Wildlife Act 1974 (NSW) (‘NPWA’) is long overdue, as NSW remains the only State in Australia that still manages indigenous heritage through flora and fauna legislation. Thirdly, it is of concern that the Environmental Planning and Assessment Act 1979 (NSW) (‘EPAA’) can override any protection afforded under the Heritage Act if the project is deemed to be ‘State Significant Development’ (‘SSD’). The consequences arising from the Heritage Act review are important for all those who wish to preserve treasured older-style buildings and green space in NSW.","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2023-05-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44668324","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

Procuratorates at the crossroad: performance, controversies and prospects of procuratorial EPIL in China 十字路口的检察院:中国检察EPIL的实践、争议与展望

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Asia Pacific Journal of Environmental Law Pub Date : 2023-05-12 DOI: 10.4337/apjel.2022.02.03

Yuna Ma, Wenzhen Shi

{"title":"Procuratorates at the crossroad: performance, controversies and prospects of procuratorial EPIL in China","authors":"Yuna Ma, Wenzhen Shi","doi":"10.4337/apjel.2022.02.03","DOIUrl":"https://doi.org/10.4337/apjel.2022.02.03","url":null,"abstract":"Procuratorial environmental public interest litigation (EPIL) has shown its vitality in addressing environmental concerns through the channel of PIL and gained momentum in the nation’s agenda-setting. Procuratorial activism is signalled and revealed by mobilizing procuratorates at all levels, activating PIL in all types of litigation, seeking breakthroughs in new fields, and replacing the role of gap-filling with a paramount one in practice. It is noteworthy that the efficacy of procuratorial EPIL may be discounted due to its cherry-picking feature in case screening. Caution should be placed against procuratorial activism, which may risk crowding out NGOs by a turn of policy focus to criminal prosecution with incidental civil EPIL, and intruding administrative discretion by a comparatively low threshold to initiate administrative EPIL and tightened judicial review. Procuratorial EPIL needs to be founded on a rational design of procuratorates’ role in the overall EPIL system by coordinating between the dual roles of EPIL litigants and the constitutionally entrenched role of legal supervisions. Connection mechanisms among different types of PIL should be established to bring each into full play and reach synergy. Legal empowerment and top-down design should be adopted to reduce discrepancies and increase cohesion.","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2023-05-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47192070","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

Mapping and assessing the Supreme Court of India’s jurisprudence on sustainable development in light of the SDGs: from Vellore Citizens Welfare Forum to Hanuman Laxman Aroskar 根据可持续发展目标绘制和评估印度最高法院关于可持续发展的判例:从Vellore公民福利论坛到Hanuman Laxman Aroskar

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Asia Pacific Journal of Environmental Law Pub Date : 2023-05-12 DOI: 10.4337/apjel.2022.02.04

Florian Müller

引用次数: 0

The pursuit of ‘net-zero by 2060’: a ‘silver bullet’ for China’s energy security dilemma? 2060年实现“净零排放”:解决中国能源安全困境的“灵丹妙药”?

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Asia Pacific Journal of Environmental Law Pub Date : 2023-05-12 DOI: 10.4337/apjel.2022.02.05

Cynthia Yuan

{"title":"The pursuit of ‘net-zero by 2060’: a ‘silver bullet’ for China’s energy security dilemma?","authors":"Cynthia Yuan","doi":"10.4337/apjel.2022.02.05","DOIUrl":"https://doi.org/10.4337/apjel.2022.02.05","url":null,"abstract":"As a rapidly emerging economy that has developed an increasing reliance on fossil fuel imports due to energy demand outstripping its ability to generate supply, the People’s Republic of China’s (hereinafter, ‘China’) energy security challenges have been persistent and ongoing. Over the years, China has sought to address these energy security risks through various strategies, from diversification to self-sufficiency, and energy conservation. None of these strategies have proven to be a panacea to solving China’s energy security dilemma. The key issue examined in this article is how China’s pursuit of carbon neutrality, bolstered through its recent announcement of a target of net-zero emissions by 2060, will have impacts on the ongoing energy security challenges faced by China’s energy systems. By analysing the true relationship between the two objectives of ‘energy security’ and ‘emissions reductions’, this article seeks to test whether energy security is in fact a ‘bottleneck restricting sustainable economic and social development’. Through an in-depth examination of the legislative and policy instruments which govern the transformation of China’s energy grid, this article posits that the characterization of the energy security and emissions reduction as dichotomous is antiquated. The pursuit of net-zero by 2060, through decreasing China’s overreliance on fossil fuel imports and increasing the diversity of energy sources within the energy mix to encompass more non-fossil fuel sources, has the potential to be the ‘silver bullet’ to China’s energy security challenges.","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2023-05-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48438262","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

Climate-induced displacement from Pacific Island states: evaluating international legal frameworks and Australia’s role in facilitating pathways forward 太平洋岛国气候导致的流离失所:评估国际法律框架和澳大利亚在促进未来道路方面的作用

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Asia Pacific Journal of Environmental Law Pub Date : 2022-01-01 DOI: 10.4337/apjel.2022.01.02

引用次数: 0

Challenges in marine plastic pollution regulation in Indonesia 印尼海洋塑料污染监管面临的挑战

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Asia Pacific Journal of Environmental Law Pub Date : 2022-01-01 DOI: 10.4337/apjel.2022.01.05

引用次数: 0