Environmental Law Review最新文献

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From Kyoto to Paris: Problematic route of state responsibility for climate change 从京都到巴黎:国家在气候变化问题上的责任路线
Environmental Law Review Pub Date : 2021-12-01 DOI: 10.1177/14614529211058849
Hojjat Salimi Turkamani
{"title":"From Kyoto to Paris: Problematic route of state responsibility for climate change","authors":"Hojjat Salimi Turkamani","doi":"10.1177/14614529211058849","DOIUrl":"https://doi.org/10.1177/14614529211058849","url":null,"abstract":"Anthropogenic climate change is one of the effects of carbon dioxide emissions from the use of fossil fuels. The Climate Change International Legal Regime consisting of primary rules set out in international treaties has been established to reduce greenhouse gas emissions. Due to the lack of special secondary rules in this regime, a violation of its primary rules leads to applying the general rules of state responsibility in DARSIWA. The question is whether these general rules are compelling enough. The article shows that the attribution of GHG emissions to states is complex due to the lack of a specific causal relationship and diversity of GHG emitters. In addition, there is no absolute and comprehensive obligation for GHG emission under the climate change legal regime, which could hold the emitting state responsible. In addition, assuming the compensation as an inherent consequence of responsibility, state accountability rules cannot effectively deal with climate change because of the cumulative nature of damages and the discarding of compensation from the relevant treaties, particularly from the Paris Agreement. Therefore, in addition to the legal liability of states, other dimension of their responsibility including ethical responsibility should also be considered as much as possible.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"123 19 1","pages":"321 - 335"},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81730009","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
A lesson in un-creativity: (R (on the application of Friends of the Earth Ltd and others) v Heathrow Airport Ltd [2020] UKSC 52 非创造性的教训:R(关于地球之友有限公司和其他公司的申请)诉希思罗机场有限公司[2020]UKSC 52
Environmental Law Review Pub Date : 2021-12-01 DOI: 10.1177/14614529211052929
Joanne Hawkins
{"title":"A lesson in un-creativity: (R (on the application of Friends of the Earth Ltd and others) v Heathrow Airport Ltd [2020] UKSC 52","authors":"Joanne Hawkins","doi":"10.1177/14614529211052929","DOIUrl":"https://doi.org/10.1177/14614529211052929","url":null,"abstract":"Plans for a third runway at Heathrow airport have been the subject of ongoing melodrama. In the latest instalment, (R (on the application of Friends of the Earth Ltd and others) v Heathrow Airport Ltd [2020] UKSC 52), the Supreme Court comprehensively reversed the Court of Appeal's judgment, rejecting the finding that the decision maker acted unlawfully in designating the Airport National Policy Statement (ANPS). This commentary highlights that the Supreme Court judgment signals a missed opportunity to develop a more creative approach to the polycentric and dynamic issue of climate change in the context of nationally significant infrastructure projects. It argues that the decision is, if not wholly unexpected, a disappointing one.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"42 1","pages":"344 - 349"},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87115144","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 Singapore Green Plan 2030: Analysing its implications on law and the legal industry in Singapore 新加坡绿色计划2030:分析其对新加坡法律和法律行业的影响
Environmental Law Review Pub Date : 2021-12-01 DOI: 10.1177/14614529211052597
Kenny Chng, Ken Wei Ong
{"title":"The Singapore Green Plan 2030: Analysing its implications on law and the legal industry in Singapore","authors":"Kenny Chng, Ken Wei Ong","doi":"10.1177/14614529211052597","DOIUrl":"https://doi.org/10.1177/14614529211052597","url":null,"abstract":"While sustainability has always been an important policy imperative in Singapore, the advent of the Singapore Green Plan 2030 marks a significant development in this regard. Announced in February 2021, the Green Plan represents a concerted national-level strategic shift towards advancing the sustainability agenda in Singapore. With sustainable development now being a ‘major policy priority’, it is inevitable that the Green Plan will have important legal implications, each of which will be identified and analysed in this paper. More broadly, however, the paper also suggests that the Green Plan will open up valuable opportunities for environmental law to receive greater attention and become a mainstream legal discipline in Singapore.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"14 1","pages":"336 - 343"},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88785062","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
Critical analysis of laws and policies for the prevention of petroleum pipeline vandalization in Nigeria 尼日利亚防止石油管道破坏的法律和政策的批判性分析
Environmental Law Review Pub Date : 2021-12-01 DOI: 10.1177/14614529211057189
Edward O. Okumagba
{"title":"Critical analysis of laws and policies for the prevention of petroleum pipeline vandalization in Nigeria","authors":"Edward O. Okumagba","doi":"10.1177/14614529211057189","DOIUrl":"https://doi.org/10.1177/14614529211057189","url":null,"abstract":"The loss of an estimated $4.5 billion in 2020 by Nigeria to petroleum pipeline vandalism and crude oil theft has necessitated a critical assessment of the legal frameworks for the prevention of petroleum pipeline vandalism in Nigeria. This paper utilizes source materials relating to the title by examining the impacts of existing legal frameworks for the prevention of petroleum pipeline vandalization in Nigeria. It x-rays amongst others the provisions of sections 2 and 7 of the Petroleum Production and Distribution (Anti-Sabotage) Act and Miscellaneous Offences Act which imposes the death penalty and life imprisonment with the aim of deterring offenders without creating a court to try offenders. It reveals that in the face of such stringent sanctions, the activities of petroleum pipeline vandalism have continued unabated albeit a thriving business that is likely to arm the Nigerian economy in COVID-19 pandemic era. In addition, with an already perceived “compromised” criminal justice system, the paper concludes by advocating for change in policy strategy that will include the creation of a special court by amending existing legal frameworks to try offenders of the activities of petroleum pipeline vandalization.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"1 1","pages":"305 - 320"},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79907197","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
E-scooters as allies in addressing environmental sustainability in urban transport 电动滑板车是解决城市交通环境可持续性问题的盟友
Environmental Law Review Pub Date : 2021-12-01 DOI: 10.1177/14614529211061778
Gabriele Vestri
{"title":"E-scooters as allies in addressing environmental sustainability in urban transport","authors":"Gabriele Vestri","doi":"10.1177/14614529211061778","DOIUrl":"https://doi.org/10.1177/14614529211061778","url":null,"abstract":"This opinion considers the phenomenon of e-scooters and tries to analyse their environmental impact in cities. In doing this it also considers the role that they play in the environmental sustainability of city wide transport systems. In order to address the first issue it is necessary to separate the actual life cycle of the vehicle in question from its mere use. This is an important consideration since the life cycle of this mode of transport obviously contributes to understanding the carbon footprint that can be produced by these types of vehicles as a whole. In addition to the above, the opinion also considers the regulatory framework that is associated with these vehicles in Spain.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"10 1","pages":"301 - 304"},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85384551","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 钱伯斯的季度评论
Environmental Law Review Pub Date : 2021-12-01 DOI: 10.1177/14614529211066133
M. Crowe, Henry Percy-Raine
{"title":"Quarterly Comment by Trinity Chambers","authors":"M. Crowe, Henry Percy-Raine","doi":"10.1177/14614529211066133","DOIUrl":"https://doi.org/10.1177/14614529211066133","url":null,"abstract":"","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"20 1","pages":"350 - 366"},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81964410","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 季刊:Trinity Chambers
Environmental Law Review Pub Date : 2021-09-01 DOI: 10.1177/14614529211044851
M. Crowe, Parissa Najah, M. Hopkins, Patience Abladey (pupil)
{"title":"Quarterly Comment By Trinity Chambers","authors":"M. Crowe, Parissa Najah, M. Hopkins, Patience Abladey (pupil)","doi":"10.1177/14614529211044851","DOIUrl":"https://doi.org/10.1177/14614529211044851","url":null,"abstract":"","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"9 1","pages":"272 - 296"},"PeriodicalIF":0.0,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76332639","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
Ioane Teitiota v New Zealand (advance unedited version), CCPR/C/127/D/2728/2016, UN Human Rights Committee (HRC), 7 January 2020 Ioane Teitiota诉新西兰案(未编辑提前版),CCPR/C/127/D/2728/2016,联合国人权事务委员会,2020年1月7日
Environmental Law Review Pub Date : 2021-09-01 DOI: 10.1177/14614529211039469
C. Bhardwaj
{"title":"Ioane Teitiota v New Zealand (advance unedited version), CCPR/C/127/D/2728/2016, UN Human Rights Committee (HRC), 7 January 2020","authors":"C. Bhardwaj","doi":"10.1177/14614529211039469","DOIUrl":"https://doi.org/10.1177/14614529211039469","url":null,"abstract":"A 2019 decision by the Human Rights Committee concerning the status of Teitiota and his family as “climate change refugee” in New Zealand has become a hotspot for discussion concerning application of the principle of non-refoulement under human rights treaties. The decision concludes that there may be circumstances where the principle of non-refoulement under human rights treaties may apply to people fleeing climate change in their country of origin, if the people are able to provide evidence on “imminent threat to life.” While the Committee did not recognize Teitiota and his family as climate change refugees, under Article 6 of the International Covenant on Civil and Political Rights, it also ruled that this case may open pathways for application of non-refoulement in future. The author analyzes the key elements of the decision, while also highlighting that the Committee failed to apply the “best interest of the child” principle under analysis of Article 6.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"30 1","pages":"263 - 271"},"PeriodicalIF":0.0,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88103081","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: 2
Marine pollution in Bangladesh-framing legal responses: A critical study 孟加拉国的海洋污染——框架法律反应:一项批判性研究
Environmental Law Review Pub Date : 2021-09-01 DOI: 10.1177/14614529211023458
M. Hossain, S. Mamun
{"title":"Marine pollution in Bangladesh-framing legal responses: A critical study","authors":"M. Hossain, S. Mamun","doi":"10.1177/14614529211023458","DOIUrl":"https://doi.org/10.1177/14614529211023458","url":null,"abstract":"Marine life in the Bay of Bengal (BoB) region is under serious threat due to extreme ocean pollution and its impact. In Bangladesh, due to lack of environmental law in general and marine pollution law in particular, the seas and inland waterways are being rapidly polluted; the glory of BoB has already diminished and it is estimated that it will depreciate further in future from different sorts of marine pollution. In this context, our study has been conducted to examine national laws and regulations for the prevention of marine pollution in Bangladesh, and to establish their extent and effectiveness. Our inquiry has revealed that not all sorts of marine pollution are addressed by the existing laws of the country and effective measures are yet to be taken, although there are obligations to do so under constitutional and international law to ensure the well-being of marine life.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"43 1","pages":"210 - 227"},"PeriodicalIF":0.0,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82024908","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
Considering the concept of the ecological civilization for conservation and sustainable use of marine biodiversity under the umbrella of the Biodiversity Beyond National Jurisdiction instrument 在《国家管辖范围外生物多样性文书》的框架下,考虑到保护和可持续利用海洋生物多样性的生态文明概念
Environmental Law Review Pub Date : 2021-09-01 DOI: 10.1177/14614529211032035
Sabrina Hasan
{"title":"Considering the concept of the ecological civilization for conservation and sustainable use of marine biodiversity under the umbrella of the Biodiversity Beyond National Jurisdiction instrument","authors":"Sabrina Hasan","doi":"10.1177/14614529211032035","DOIUrl":"https://doi.org/10.1177/14614529211032035","url":null,"abstract":"In exploring how the concept of ecological civilization can be applied to maintain adequate marine environmental governance for the conservation and sustainable use of marine biodiversity, the article first highlights the existing issues concerning conservation and sustainable use of marine biodiversity. It then suggests that ecological civilization can contribute as a norm to formulate the principles and approaches as well as to set goals and targets under the Biodiversity Beyond National Jurisdiction instrument.","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"74 1","pages":"248 - 262"},"PeriodicalIF":0.0,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80865397","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
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