Asia Pacific Journal of Environmental Law最新文献_第6页

A review of environmental law in Maldives with respect to conservation, biodiversity, fisheries and tourism 审查马尔代夫在养护、生物多样性、渔业和旅游业方面的环境法

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Asia Pacific Journal of Environmental Law Pub Date : 2019-11-01 DOI: 10.4337/apjel.2019.02.03

Erika J. Techera, Madelaine Cannell-Lunn

{"title":"A review of environmental law in Maldives with respect to conservation, biodiversity, fisheries and tourism","authors":"Erika J. Techera, Madelaine Cannell-Lunn","doi":"10.4337/apjel.2019.02.03","DOIUrl":"https://doi.org/10.4337/apjel.2019.02.03","url":null,"abstract":"Maldives is a small island developing State in the Indian Ocean comprised of multiple low-lying, sandy islands and coral reefs. It has a long history of human occupation and dependence on the environment, particularly the ocean, for food, resources and trade. Maldives continues to rely upon nature through tourism and fisheries. Conservation and sustainable use of the environment and its resources is therefore of paramount importance to Maldives. In response to growing environmental pressures, including climate change, the State has engaged at global and regional levels, ratifying treaties and participating in key international institutions. It has also developed national law and policy, as well as relevant plans and strategies focused on sustainability. Despite this activity, relatively little legal research has focused on this jurisdiction. This article aims to contribute to the literature on Maldives by exploring environmental, fisheries and tourism laws and policies, analysing current legislative developments and making tentative recommendations in areas where governance could be enhanced.","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2019-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4337/apjel.2019.02.03","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42537607","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: 5

Environmental rights in the Asia Pacific region: taking stock and assessing impacts 亚太区域的环境权利：评估和评估影响

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Asia Pacific Journal of Environmental Law Pub Date : 2019-11-01 DOI: 10.4337/apjel.2019.02.01

J. Gellers, Christopher Jeffords

{"title":"Environmental rights in the Asia Pacific region: taking stock and assessing impacts","authors":"J. Gellers, Christopher Jeffords","doi":"10.4337/apjel.2019.02.01","DOIUrl":"https://doi.org/10.4337/apjel.2019.02.01","url":null,"abstract":"Since their emergence in the 1970s, human rights relating to environmental protection have spread all over the world and continue to find homes in an ever-growing list of national constitutions. These provisions mainly fall into one of three categories – substantive, procedural, or derivative environmental rights. Over the last two decades, the proliferation of these rights has caught the attention of legal scholars and social scientists, who have sought to catalogue their distribution and analyze the origins and impacts of this development. The literature in this area has provided anecdotal updates concerning environmental rights jurisprudence at the national and regional levels and global quantitative assessments regarding the effects that such rights have on humans and the environment. However, scant work offers regionally-focused empirical examinations of the variation of the presence and impacts of environmental rights. In an effort toward filling this gap, this article utilizes statistical techniques in order to determine what, if any, correlation exists between environmental rights and environmental performance in the Asia Pacific region. Preliminary results suggest that, over the past several years, countries with environmental rights have experienced strong improvements in ecosystem vitality but weak reductions in measures of environmental health. In addition, there is evidence of important intra-regional differences – South and South-West Asia lay claim to some of the world's most innovative environmental rights jurisprudence, while North and Central Asia possess the region's greatest concentration of constitutions featuring environmental rights. The article concludes with several recommendations for policy-makers in the region regarding the adoption and implementation of environmental rights.","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2019-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43239048","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

Complying with Australia's illegal logging laws: tough reality after a soft start? Lessons from the United States and the European Union 遵守澳大利亚非法采伐法:软开局后的艰难现实?美国和欧盟的教训

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Asia Pacific Journal of Environmental Law Pub Date : 2019-05-23 DOI: 10.4337/APJEL.2019.01.01

Beatriz García, J. Verschuuren

引用次数: 0

Bilateral agreements for the protection of migratory birdlife: the implementation of the China-Australia Migratory Bird Agreement (CAMBA) 保护候鸟的双边协定：《中澳候鸟协定》的执行情况

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Asia Pacific Journal of Environmental Law Pub Date : 2019-05-01 DOI: 10.4337/APJEL.2019.01.07

Evan Hamman

引用次数: 1

Corruption and the forestry industry in Papua New Guinea: transnational actors, local dynamics and environmental impact 巴布亚新几内亚的腐败与林业:跨国行为者、当地动态和环境影响

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Asia Pacific Journal of Environmental Law Pub Date : 2019-05-01 DOI: 10.4337/APJEL.2019.01.03

Hannah Harris

{"title":"Corruption and the forestry industry in Papua New Guinea: transnational actors, local dynamics and environmental impact","authors":"Hannah Harris","doi":"10.4337/APJEL.2019.01.03","DOIUrl":"https://doi.org/10.4337/APJEL.2019.01.03","url":null,"abstract":"Corruption and environmental degradation are interrelated challenges. In Papua New Guinea (PNG), the relationship between corruption and the environment can be seen in the continuing corruption that exists in the country's forestry industry. The article focuses on key actors, values and interests across geographic and institutional spheres who contribute to corrupt incentives in PNG. The PNG government, foreign corporations, customary land owners, NGOs, multilateral organizations, even foreign governments and consumers; all play a role in the PNG context. These actors and their motives must be understood and harnessed to reduce corruption and improve environmental outcomes in PNG. To balance power dynamics and incentives among these actors requires the use of multiple legal and political tools: political pressure, international law, domestic legislation, aid and technical assistance, education and enforcement of existing legal frameworks are all components of the solution. The concept of an experimentalist governance framework for environmental protection is valuable in this context, due to its fluidity, responsiveness and adaptability in complex environments with multiple stakeholders.","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2019-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43910915","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

Regional cooperation for protection of the marine environment in Southeast Asia: current trends in the South China Sea 东南亚海洋环境保护区域合作：当前南海趋势

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Asia Pacific Journal of Environmental Law Pub Date : 2019-05-01 DOI: 10.4337/APJEL.2019.01.08

A. Maggio

引用次数: 2

Book review: Benoit Mayer, The International Law on Climate Change (Cambridge University Press, 2018) 302 pp. 书评：Benoit Mayer，《国际气候变化法》（剑桥大学出版社，2018），302页。

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Asia Pacific Journal of Environmental Law Pub Date : 2019-05-01 DOI: 10.4337/APJEL.2019.01.09

Michael Addaney

引用次数: 0

Forest certification, state regulation and community empowerment: complementarity in seeking a viable solution to forest degradation in Indonesia? 森林认证、国家监管和社区赋权:寻求印度尼西亚森林退化可行解决方案的互补性?

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Asia Pacific Journal of Environmental Law Pub Date : 2019-05-01 DOI: 10.4337/APJEL.2019.01.02

S. Alam, T. Herawati, H. Hidayat, Stephen Wyatt

{"title":"Forest certification, state regulation and community empowerment: complementarity in seeking a viable solution to forest degradation in Indonesia?","authors":"S. Alam, T. Herawati, H. Hidayat, Stephen Wyatt","doi":"10.4337/APJEL.2019.01.02","DOIUrl":"https://doi.org/10.4337/APJEL.2019.01.02","url":null,"abstract":"For developing countries like Indonesia, the advantages enjoyed by developed countries – of political stability and highly regulated systems of land tenure and ownership – are elusive, leading to a situation in which state intervention in forest governance is met with resistance and faces significant hurdles. Recognizing the challenges facing implementation of Indonesia's current systems of certification, and the failure thus far of government efforts to stem illegal forestry activity, this article examines the influence of certification on sustainable forest management (SFM) in Indonesia. In particular, the question of how certification requirements interact with both the domestic regulatory framework and expectations for community participation and engagement is considered. The article begins by reviewing Indonesian efforts to implement SFM, as well as the basis of certification systems; before examining Indonesian experience with forest certification, drawing both upon previously published studies and field research by the authors. Finally, the article considers complementarity in government, private and community initiatives in SFM and how regulatory reform in support of a more participatory approach could contribute to achieving these goals. The development of the Indonesian voluntary forestry certification process shows that both certification schemes and government regulation provide advantages and disadvantages in improving the sustainability of forest management and in controlling illegal activities. An increased role for communities, small-scale producers and traditional forest users appears important in the Indonesian context, providing additional options and capacity for sustainable forest management.","PeriodicalId":41125,"journal":{"name":"Asia Pacific Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2019-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42454895","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

Editorial: Forests, corruption, environmental degradation, protection of species and cooperation in the Asia Pacific region 社论:亚太地区的森林、腐败、环境退化、物种保护和合作

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Asia Pacific Journal of Environmental Law Pub Date : 2019-05-01 DOI: 10.4337/APJEL.2019.01.00

T. Stephens, E. Couzens, S. Karim, C. Holley, Kate Owens

引用次数: 0

Corporations, human rights and the environmental degradation–corruption nexus 公司、人权与环境退化——腐败关系

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Asia Pacific Journal of Environmental Law Pub Date : 2019-05-01 DOI: 10.4337/APJEL.2019.01.04

W. Huisman, Daniel Sidoli

引用次数: 3