Environmental Law Review最新文献

Book Review: The North Sea System for Petroleum Production, State Intervention on the British and Norwegian Continental Shelves by Brent F Nelsen and Tina Soliman Hunter 书评：北海石油生产系统，国家对英国和挪威大陆架的干预》，布伦特-F-内尔森和蒂娜-索利曼-亨特著

Environmental Law Review Pub Date : 2024-08-10 DOI: 10.1177/14614529241263393

G. Okara

引用次数: 0

Ecological constitutionalism within the Canadian context: Charter-ing international standards of the human right to a healthy environment 加拿大背景下的生态立宪主义：将享有健康环境的人权的国际标准宪章化

Environmental Law Review Pub Date : 2024-07-23 DOI: 10.1177/14614529241258710

Vic Duarte

引用次数: 0

From farm to fork? Brexit and the International Plant Protection Convention 从农场到餐桌？英国脱欧与国际植物保护公约

Environmental Law Review Pub Date : 2024-06-05 DOI: 10.1177/14614529241259879

Laura Holden

{"title":"From farm to fork? Brexit and the International Plant Protection Convention","authors":"Laura Holden","doi":"10.1177/14614529241259879","DOIUrl":"https://doi.org/10.1177/14614529241259879","url":null,"abstract":"Import and export controls ensure plant pests and diseases harmful to food production, the plants across our landscape, and ecosystem services, are not moved during trade. The ‘International Plant Protection Convention’ (IPPC) provides the framework for applying preventive measures where they are technically justified, and stipulates controls are not to be used as arbitrary restrictions on international trade. This article examines the aims of the Brexit trade agreements and reviews their alignment with the IPPC and other World Trade Organisation agreements. It argues that unjustified controls have been applied under the guise of protective requirements (contributing to EU-GB trade disruption) and identifies a divergence at the point of regulatory implementation of these laws and treaties by official bodies on both sides. The article reviews the position of Northern Ireland, which, to avoid a ‘hard border’ on the island of Ireland, remains under the European Union (EU)'s plant health (phytosanitary) regime. Reflecting on legislative options available to bring the application of plant health regulations into alignment with the IPPC (such as dispute resolution), these options remain unused. However, the possibility of utilising ‘import authorisations’ would leave neither Great Britain nor EU Member States exposed to any greater environmental risk than that under the single market.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"20 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141385183","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

Transfer of ESTs in international law: A climate justice approach 国际法中的无害环境技术转让：气候正义方法

Environmental Law Review Pub Date : 2024-05-21 DOI: 10.1177/14614529241254011

Vindhya Gupta, Dhanaji Jadhav, Bindu Ronald

{"title":"Transfer of ESTs in international law: A climate justice approach","authors":"Vindhya Gupta, Dhanaji Jadhav, Bindu Ronald","doi":"10.1177/14614529241254011","DOIUrl":"https://doi.org/10.1177/14614529241254011","url":null,"abstract":"Early industrialization of the developed countries has enabled their leadership in technological innovation, including environmentally sound technologies. ESTs are technologies that help prevent, control, or reduce greenhouse gas emissions. Endorsed as an integral part of climate action, a binding obligation to ensure access for global south to these technologies remains missing from international environment law and international intellectual property rights law. Transfer of technology also faces certain economic barriers such as lack of infrastructure and human resources that enable adoption and absorption of ESTs. Moreover, there exists ideological differences between developed countries and developing and least developed countries regarding mechanism of technology transfer, creating an impasse in international negotiations to achieve EST transfer. In this paper the author has attempted to reframe the discussion on transfer of ESTs through a climate justice perspective. An incorporation of the practical aspects of the common but differentiated responsibilities of the developed countries into the TRIPS regime, in the form of binding obligations to technology transfer and financial assistance, or relaxations in patent protections, may provide adequate resolution. A balanced and rational approach to EST transfer, beyond the exigencies of global politics, is necessary for the continued prosperity of the Earth.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"38 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141113470","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

Biodiversity management challenges: A policy brief 生物多样性管理挑战：政策简介

Environmental Law Review Pub Date : 2024-05-01 DOI: 10.1177/14614529241247361

Laura Holden, Robert G Lee, Luisa Orsini, Niamh Eastwood, Jiarui Zhou, Aleksandra Čavoški

{"title":"Biodiversity management challenges: A policy brief","authors":"Laura Holden, Robert G Lee, Luisa Orsini, Niamh Eastwood, Jiarui Zhou, Aleksandra Čavoški","doi":"10.1177/14614529241247361","DOIUrl":"https://doi.org/10.1177/14614529241247361","url":null,"abstract":"Global biodiversity has been lost at an alarming rate in the past century leading to what is often described as ‘the sixth mass extinction'. Leading causes of this loss are chemical pollution, habitat loss, unsustainable use of resources, invasive species, and climate change. Such environmental change can alter ecosystem functions irreversibly, leading to a direct loss of ecosystem services, such as food provision, climate regulation, and cultural services, which are estimated to have a global value of tens of trillions of dollars. International governing bodies have repeatedly set targets to preserve biodiversity and ecosystem services, especially within the framework of the UN Convention on Biological Diversity (CBD). Despite nation states’ pledges at the Rio Summit in 1992 to conserve biological diversity, progress has been lamentable. One reason for such failure is that action to redress biodiversity loss depends on national governments but it is of relatively low concern on the public agenda. This article reviews the UK and EU legal and policy biodiversity frameworks and exposes some of the complexities surrounding biodiversity loss, including non-compliance, public awareness, and valuation. Following a multidisciplinary roundtable on biodiversity in 2023, we suggest policy recommendations to overcome these issues.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"19 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141041993","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

Quarterly Comment by Trinity Chambers 三一商会的季度评论

Environmental Law Review Pub Date : 2024-03-29 DOI: 10.1177/14614529231197247

Verity LJ Adams, Michael Haywood, Sarah Ismail, Trinity Chambers

引用次数: 0

Environmental Law Review2023Quarterly Comment by Trinity Chambers 环境法评论》2023 季度评论作者：Trinity Chambers

Environmental Law Review Pub Date : 2024-03-27 DOI: 10.1177/14614529241239411

Verity LJ Adams, Sarah Ismail Trinity Chambers

引用次数: 0

Emerging regulatory gaps in fracking-specific water security issues in India: Lessons from the United States ‘Shale Revolution’ 印度在针对压裂作业的水安全问题上出现的监管漏洞：美国 "页岩革命 "的经验教训

Environmental Law Review Pub Date : 2024-03-26 DOI: 10.1177/14614529241230680

Shashikant Yadav, C. Bhardwaj, Gopal K Sarangi

{"title":"Emerging regulatory gaps in fracking-specific water security issues in India: Lessons from the United States ‘Shale Revolution’","authors":"Shashikant Yadav, C. Bhardwaj, Gopal K Sarangi","doi":"10.1177/14614529241230680","DOIUrl":"https://doi.org/10.1177/14614529241230680","url":null,"abstract":"India has characterised shale gas as a transitional energy source and is planning to commercially scale the extraction of shale gas through hydraulic fracturing (fracking). Currently, India has announced 56 fracking projects spread across six Indian states. In doing so, exploration of shale gas resources has started in India. The regulations that govern conventional extraction processes are also applicable to fracking activities. The conflation of fracking with conventional drilling processes in India's regulatory approach may have implications for the country's water security, given the unique risks that fracking poses to water resources. This article analyses India's regulatory framework applicable to fracking-specific water (FSW) issues. In doing so, this article identifies four key paradigms of water security and maps these key paradigms with the US fracking experience, identifying four key FSW issues. Subsequently, this article evaluates if India's multilevel regulatory system regulates the identified four FSW issues. In conclusion, this research finds that before commercially scaling fracking operations, India must conduct a scientific inquiry on the impact of proposed fracking projects on its water resources. In doing so, it must re-examine its regulations at the federal and state levels to comprehensively cover FSW issues.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"121 42","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140380063","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

Sustainable sides of taxation: An international law approach 税收的可持续方面：国际法方法

Environmental Law Review Pub Date : 2024-03-26 DOI: 10.1177/14614529241235384

Kenny Ng

引用次数: 0

Warming up to Arctic shipping: Unique risk management challenges for marine insurers 为北极航运预热：海事保险公司面临的独特风险管理挑战

Environmental Law Review Pub Date : 2024-03-21 DOI: 10.1177/14614529241239292

Pia Rebelo, Cyril Uchenna Amaefule

{"title":"Warming up to Arctic shipping: Unique risk management challenges for marine insurers","authors":"Pia Rebelo, Cyril Uchenna Amaefule","doi":"10.1177/14614529241239292","DOIUrl":"https://doi.org/10.1177/14614529241239292","url":null,"abstract":"Due to diminishing ice shelves in the Arctic, no doubt caused by climate change, previously unnavigable marine spaces are opening up, which in turn may provide new maritime routes. The shipping and maritime industry may capitalise on these routes more in the future as they provide shorter sailing times, and may assist with increasing oil and gas exploration and extraction in the region. However, increased maritime expansion in the Arctic comes with a number of unique risks and hazards for the insured and insurer. This opinion therefore seeks to discuss the implications of the multitude of risks that are associated with Arctic shipping from a marine insurance perspective and to highlight some of the gaps in existing regulatory frameworks. It is argued that marine insurers require improved data and risk management methodologies in order to better calculate the premiums of Hull & Machinery (H&M) and Protection & Indemnity (P&I) insurance policies for ships travelling through the Arctic. Until such time as these risks can be adequately assessed, evaluated, and managed by insurers; which of course is extremely difficult, due to the extreme environment, the unpredictability of climate change, a lack of key data, and the complexity of the various scenarios that can unfold in the Arctic environment, the practical viability of Arctic shipping remains doubtful. To date, insurers have paid out more in ship damage that has occurred in the Arctic than they have collected in premiums, which in itself is problematic. This situation may change in the future if Arctic shipping grows, and if it does the insurance market will no doubt, need to respond.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":" 79","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140221883","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