Environmental Law Review最新文献

{"title":"Property rights and marine protected areas","authors":"Lynda M Warren","doi":"10.1177/14614529231187745","DOIUrl":"https://doi.org/10.1177/14614529231187745","url":null,"abstract":"Property rights in the marine environment differ from those on land and this difference has an impact on the legal framework for marine protected areas. The Site of Special Scientific Interest designation, which underpins terrestrial nature conservation in the UK, is only relevant at sea for intertidal sites and a few subtidal extensions. Legislation for Marine Nature Reserves, based on that for terrestrial National Nature Reserves, was unworkable because of government reluctance to designate sites in the face of stakeholder opposition. Regulations for the protection of European Marine Sites were made to implement the European Habitats Directive which covers very few marine habitats or species. The lacuna in legal protection was filled by the creation of the Marine Conservation Zone designation but the emphasis on features of particular value detracts from the objective of wider ecosystem protection. Protection for all types of marine protected areas is constrained by the need to consider the socio-economic consequences of regulation. The new pilot Highly Protected Marine Areas in England could tip the balance in favour of conservation but the rejection of two out of five candidate sites on the basis of the socio-economic concerns does not augur well for the future.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135640900","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}

{"title":"Beyond enclosures? Highly protected marine areas in English marine conservation law and policy","authors":"M. Pieraccini","doi":"10.1177/14614529231183284","DOIUrl":"https://doi.org/10.1177/14614529231183284","url":null,"abstract":"This paper focuses on a new addition to the English protected seascape: Highly Protected Marine Areas (HPMAs). HPMAs hold an important value for meeting pressing conservation targets and for studying the interaction between biodiversity conservation and climate change. By prohibiting extractive, destructive and depositional uses, they are test sites for understanding the resilience of marine ecosystems. However, HPMAs are not neutral tools but are highly political, as they limit sea-users’ access to marine resources. Being strict reserves, they can be contested and perceived as enclosures. The way in which HPMAs are framed in law and policy has important implications for the effectiveness and social acceptability of these sites. This paper, employing the analytical categories of new commons and commoning, explores the way in which English law and policy are framing HPMAs asking whether they are contributing to a perception of HPMAs as enclosures.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"9 1","pages":"219 - 233"},"PeriodicalIF":0.0,"publicationDate":"2023-08-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88905990","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}

{"title":"Book Review: Research Handbook on Ocean Governance Law by Simone Borg, Felicity G Attard and Patricia Mallia Vella de Fremeaux","authors":"J. Lowther","doi":"10.1177/14614529231168991","DOIUrl":"https://doi.org/10.1177/14614529231168991","url":null,"abstract":"A welcome addition to the Elgar series of Research Handbooks in Environmental Law, this text is compelling and timely. Dealing with both familiar territory and emergent themes of contemporary interest and concern, the book is curated expertly. It provides a diverse and detailed examination of the socio-economic, as well as doctrinal, drivers and outcomes of the law and policy in what is becoming increasingly contested space. The book recognises the importance of interdisciplinary dialogues in framing the normative apparatus to confront these many and varied challenges. In doing so, the book is arranged over five themed parts. While there is a distinct focus in each part, there is a discernible connectivity, as with the ocean systems and regulatory schemes which are presented. The coverage and range of subject matters make it impossible to give a thorough evaluation of everything within the book in a short review, so please forgive any omissions or name checks. The first Part, Governance of the Blue Space, reflects on the current legal regime in place for ocean governance. It is a very effective scene-setter, outlining the rationale behind the development of internationally agreed norms and providing clear and detailed accounts of the interrelationships between the various actors, including dispute resolution, as provided for in the UN Convention of the Law of the Sea (LOSC). A standout perspective is that in Chapter 4, which assesses the role of scientific research in the marine environment. It is something both underpinned by the LOSC and of critical importance to lawyers and policy makers as our knowledge and appreciation of marine processes expands. Ensuring a sound scientific basis to decisionmaking informing the application of principles such as precaution and an ecosystems-led approach to governance is vital in securing favourable outcomes. The means by which such knowledge is exchanged and appreciated between stakeholders is presented as a key determinant in State-level implementation. Part II, Governance of the Blue Planet, offers the reader insights into governance regimes specifically targeted towards pollution and the conservation of marine living resources. In the case of the former, the discussion of inputs from vessels, dumping and, importantly, land-based sources of marine pollution, offers the reader significant evaluation of the regimes currently in place. More contemporary issues related to plastic pollution in Chapter 7 and anthropogenic subsea noise in Chapter 8 provide a wealth of material and perspective on these pressing pollution threats to the functional quality of the marine environment. The charting of regulatory interventions in the case of plastic pollution provides a useful context to the on-going negotiations for a UN Treaty on plastic pollution. The impact of noise – specifically as a transboundary environmental pollution concern – is slowly creeping up the agenda and use of existing measures and regional agreement","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"16 1","pages":"193 - 195"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84558514","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}

{"title":"Towards ‘the environmental state’: revelations from a design-oriented enquiry of environmental constitutionalism","authors":"A. Singh","doi":"10.1177/14614529231166298","DOIUrl":"https://doi.org/10.1177/14614529231166298","url":null,"abstract":"Political theorists of varied philosophical traditions and ideological leanings have provided different understandings of the state. In the same vein, an ‘environmental’ conception of the state has emerged which seeks to cast the state as an ecological steward. In the legal context, the rise of the environmental state is evidenced by the trend of constitutionalization of the environment. Constitutionalization of the environment or environmental constitutionalism is an approach that relies on constitutions to provide for the architecture of environmental governance through various constitutional features, such as fundamental rights, principles of environmental governance, and endearing aspirational values. This relationship between the environmental state and environmental constitutionalism, however, remains less explored in the legal scholarship, particularly in the specialized sub-domain of the environmental constitutionalism scholarship. This article fills that gap by arguing that environmental constitutionalism is not only an important indicator of the rise of the environmental state, but also a progressive step towards it.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"5 1","pages":"120 - 134"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87009717","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}

{"title":"Achieving sustainable development in practice?: lessons from the Nijgadh Verdict in Nepal","authors":"Harsh Mahaseth, Pranjal Risal","doi":"10.1177/14614529231181801","DOIUrl":"https://doi.org/10.1177/14614529231181801","url":null,"abstract":"This opinion considers the decision made by the Supreme Court of Nepal in the case of Prakash Mani Sharma v The Government of Nepal which concerns the proposed construction of Nijgadh International Airport in a densely forested area of Nepal. In doing so, it considers the views of environmentalists, developers, airport authorities and the government. It also suggests what lessons can be learned from the decision, and emphasizes the importance of applying the concept of “sustainable development” to evaluating such a problem.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"1964 1","pages":"95 - 100"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91350903","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}

{"title":"Disused coal tip management in Wales: environmental regulation under climate change","authors":"R. G. Lee","doi":"10.1177/14614529231162054","DOIUrl":"https://doi.org/10.1177/14614529231162054","url":null,"abstract":"In view of recent coal tip failures in Wales under pressures of climate change conditions, particularly severe rainfall, the Welsh Government has committed to taking preventive action to address threats associated with disused coal tips, which number more than 2,500. This legislation is currently under development, aided by a report from the Law Commission of England and Wales, which recommended the creation of a coal tips register and the designation of an authority for overseeing inspections, assessing risk levels, and ensuring appropriate management. Whilst the intent of such regulatory action on coal tips is the protection of both public safety and environmental health, paradoxically a central barrier to an effective regime is the body of environmental regulations which constrain development. This article reviews such tensions in areas such as waste management, environmental permitting, habitat protection, ecological assessments, and nature conservation, before considering potential solutions to enable timely implementation of coal tip safety measures whilst safeguarding long-term ecological health and sustainability. The conclusion reflects on how the issue of disused coal tip safety serves as a harbinger of the types of legislative challenges likely to arise under climate change.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"800 1","pages":"135 - 153"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86815891","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}

{"title":"Environmental law review 2023 quarterly comment by trinity chambers","authors":"Verity LJ Adams, Michael Haywood, Sarah Ismail","doi":"10.1177/14614529231177860","DOIUrl":"https://doi.org/10.1177/14614529231177860","url":null,"abstract":"","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"18 1","pages":"162 - 192"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91141888","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}

{"title":"Revisiting the non-justiciability issue in environmental rights dialogue in Nigeria","authors":"B. Umukoro","doi":"10.1177/14614529231168491","DOIUrl":"https://doi.org/10.1177/14614529231168491","url":null,"abstract":"The campaign for the recognition of environmental rights is progressively gaining momentum in Nigeria as the degradation of the environment continues without an effective legal framework for abatement. While environmental rights are yet to find general acceptability, legal scholars, environmentalists, non-governmental organisations and other stakeholders have continued to insist that it is possible to enforce environmental rights in Nigeria as though they were a fundamental right's claim. The article, in the face of the currency of environmental rights’ discourse in Nigeria and the recent UN Resolution recognising environmental rights as universal human rights, seeks to revisit the constitutional challenges associated with environmental rights’ claims in Nigeria, particularly, the non-justiciability slogan which has often been wielded as a sword of Damocles against arguments in favour of the right. The article observes that without necessarily constitutionalising environmental rights, a purposeful interpretation of Chapter IV of the Constitution could place Nigeria among countries with enforceable environmental rights in the world.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"15 1","pages":"101 - 119"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79927686","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}

{"title":"Adaptation and human rights: a decision by the Human Rights Committee Daniel Billy et al. v. Australia CCPR/C/135/D/3624/2019","authors":"C. Bhardwaj","doi":"10.1177/14614529231169544","DOIUrl":"https://doi.org/10.1177/14614529231169544","url":null,"abstract":"The author critically analyses the decision of the Human Rights Committee (HRC) in Daniel Billy et al. v. Australia and argues that this decision leaves several gaps in its interpretation and application of ‘right to life’ and rights of children in a climate change case. This is the second decision in which the HRC holds that climate change, sea-level rise, coastal erosion etc. is likely to negatively impact right to life of people residing in affected coastal regions in the next 10–15 years, preventing the HRC to hold that climate change or sea-level rise is an ‘imminent’ or ‘foreseeable’ threat to the right to life of people. For the rights of children, he HRC rules that right to culture was impaired, specifically because the islanders ability to disseminate their culture to future generations was impaired. While this rationale was used to hold ‘right to culture’ violations, this rationale was not applied in the context of ‘rights of children’. The HRC decision overall does not take the inter-dependability of human rights into consideration, while holding that one right is violated and other is not.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"31 1","pages":"154 - 161"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81645406","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}

{"title":"Odin ex Black watch: Environmental shipbreaking frustrated by Indian courts. Black Watch Cruise Ltd. v. Cruise Vessel Odin ex Name Black Watch","authors":"Daniel Stein","doi":"10.1177/14614529231164033","DOIUrl":"https://doi.org/10.1177/14614529231164033","url":null,"abstract":"Shipowners are facing increased pressure from changing laws and green investors to scrap and recycle their ships in yards with higher environmental and labor standards, rather than on the beaches of India and Bangladesh. Recently, English shipowner Fred Olsen sold a 50-year old cruise ship to a Turkish company with a clause stipulating it be recycled at a shipyard approved under the European and UK Ship Recycling Regulations. The Turkish company did not comply and sold the ship for scrapping in India. Fred Olsen sued the Turkish company in the United Kingdom and petitioned Indian courts to arrest the vessel in Indian waters. The ship was briefly arrested but then sent to the beach for breaking. Fred Olsen is now only able to seek monetary damages, as their environmentally sound intentions, along the effectiveness of any European ship recycling regime, faced a severe setback.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"3 1","pages":"59 - 65"},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84165796","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}