Environmental Policy and Law最新文献

{"title":"Space Debris Mitigation: Some Lessons from International Environmental Law","authors":"S. Hosseini, Fatemeh Fathpour, Subhrajit Chanda","doi":"10.3233/epl-210015","DOIUrl":"https://doi.org/10.3233/epl-210015","url":null,"abstract":"The Soviet Union successfully launched Sputnik I in 1957 which led to the era of space activities. Although human race has benefited numerous from space activities, unlimited use of outer space has caused pollutions in outer space and consequently at the earth environment. Space debris has become a threat to the security of space activities. Space debris is the most important of these pollutions that, not only creates numerous threats and risks for Orbiting Satellites, It also has harmful effects on earth environment. During drafting UN space treaties, little attention was paid to environmental problems and these treaties did not mentioned of space debris and its hazards. in recent decades, Ethics of Outer Space activities, paid more attention to the environment of outer space and environmental issue of space activities. Therefore, the experiences of environmental law and its preventive policies can be used to reduce the threat of space debris for peaceful space activities and the environment of space and planet Earth.","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44663895","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":"Dubai and Barcelona as Smart Cities: Some Reflections on Data Protection Law and Privacy","authors":"Radwan Eskhita, Vijaya Kittu Manda, A. Hlali","doi":"10.3233/epl-210023","DOIUrl":"https://doi.org/10.3233/epl-210023","url":null,"abstract":"This study introduces a descriptive analysis to carry out the transformation of the Dubai smart city as a case study in the GCC region with reference to the Barcelona smart city. Furthermore, to investigate how the Dubai smart city will deal with the huge amount of the collected personal data through Internet of Things devices and applications. The theoretical analysis shows that the Barcelona smart city can be represented as an effective model, its innovations recommends to be used in Dubai smart city. The analysis founds that the classification of the collected data inside smart city to open and shared data did not provide sufficient privacy for personal data. Therefore, the personal data should be classified explicitly in order to be processed separately under the rules of the data protection law.","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44540262","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":"Preface","authors":"Bharat H. Desai","doi":"10.3233/epl-215141","DOIUrl":"https://doi.org/10.3233/epl-215141","url":null,"abstract":"","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47105869","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":"Promoting the Transition to Non-Lead Hunting Ammunition in the European Union Through Regulation and Policy Options","authors":"V. Thomas, Niels Kanstrup, D. Pain","doi":"10.3233/epl-201068","DOIUrl":"https://doi.org/10.3233/epl-201068","url":null,"abstract":"Regulation (EU) 2021/57, banning the use of lead gunshot in wetland hunting, and adoption of the proposed European Union (EU) restriction on lead ammunition use by civilians in other types of hunting and target shooting, would complete the transition to non-lead ammunition use in the EU and ensure major compliance among hunters and shooters. The transition is possible since non-lead substitutes for all types of shotgun and rifle ammunition are produced already by leading European manufacturers. To ensure ammunition non-toxicity, EU standards are needed for lead substitutes to accompany both existing and potential future lead ammunition restrictions. Meat from wild game birds and mammals is a large and important commodity in the EU. Setting a maximum lead level in all marketed game meats under Regulation (EC) 1881/2006, aided by mandatory food labelling, would add extra health protection to human consumers. This regulatory step would help ensure that all wild game destined for retail markets were taken with non-lead ammunition, would complement existing and proposed European Commission restrictions on lead hunting ammunition and aid monitoring and enforcement. Increased public awareness of the risks posed by lead from ammunition to the health of humans, wildlife, and the environment, and especially their associated externalized costs to society, would promote and facilitate the passage of regulation to protect human and environmental health from toxic lead ammunition.","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.3233/epl-201068","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47562508","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":"Preface","authors":"Bharat H. Desai","doi":"10.3233/epl-215131","DOIUrl":"https://doi.org/10.3233/epl-215131","url":null,"abstract":"","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.3233/epl-215131","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45481295","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":"The Review of Communal Rights on Geographical Indications: Communal Standpoint as Constraints to Legal Protection","authors":"Y. N. Simanjuntak","doi":"10.3233/epl-210001","DOIUrl":"https://doi.org/10.3233/epl-210001","url":null,"abstract":"This study analyzed the protection of Geographical Indications on Trademarks and Geographical Indications is regulated in Law Number 20 of 2016. However, as a communal right, Geographical Indications are quite unique. Not only the stages of the process, such as production process, organization, and quality assurance, are quite complex, but also their process requires key conditions, such as, the awareness and the willingness from the local community to protect the local Geographical Indications. When the idea of protecting Geographical Indications is met with resistance from the local community, the communal entitlement to the Geographical Indications needs to be questioned.","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.3233/epl-210001","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47223215","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":"Role of Climate Change in Exacerbating Sexual and Gender-Based Violence against Women: A New Challenge for International Law","authors":"Bharat H. Desai, Moumita Mandal","doi":"10.3233/EPL-210055","DOIUrl":"https://doi.org/10.3233/EPL-210055","url":null,"abstract":"The advent of climate change era has been affirmed by various global processes including 21 May 2019 recognition by the Anthropocene Working Group of ‘human impact’ in bringing profound alterations on planet earth. It has emerged as the predominant ‘world problematique’. Though entire populations are affected by climate change, women and girls suffer the most. Due to their traditional roles, women are heavily dependent on natural resources. As already seen, as a consequence of natural disasters and during Covid-19 pandemic in 2020-21, women have faced heightened real-life challenges specially being vulnerable to different forms of sexual and gender-based violence (SGBV). They suffer from a lack of protection, privacy, and mental trauma. Women are exposed to SGBV due to weak or absence of social, economic, political security and the culture of widespread impunity to the perpetrators. There is double victimization of women both as human beings and because of their gender. Effect of SGBV is highly injurious and perpetual. A close study of four main areas of international law does not yield any international legal instrument that deals with SGBV against women during and after the climate change induced disasters. This is more ominous when growing evidence suggests role of climate change in exacerbation of SGBV against women and girls. Even texts of the three specific climate change treaties (1992 UNFCCC, 1997 Kyoto Protocol and 2015 Paris Agreement) do not address this issue. It has been given attention only through the decisions of the Conference of the Parties in recent years. Due to serious psychological and bodily harm SGBV causes to women, it needs to be explicitly factored in respective international legal instruments on climate change and disasters. Amidst ignorance, denials and lack of adequate attention as regards impact of climate change in exacerbating SGBV against women and girls from the scholars and decision-makers in the field, this study makes a modest effort to deduce and analyze – from scattered initiatives, scholarly literature in different areas, existing international legal instruments and intergovernmental processes – the growing causal relationship between climate change and SGBV against women and girls so as to suggest a way out for our better common future. It is a new challenge for international law that needs to be duly addressed in a timely manner.","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.3233/EPL-210055","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42154735","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":"Making Environmental Law Function in the Anthropocene","authors":"Nicholas A. Robinson","doi":"10.3233/EPL-209003","DOIUrl":"https://doi.org/10.3233/EPL-209003","url":null,"abstract":"Earth is home to all known life, on land, within the oceans, inland waters, and amidst the atmosphere. This community of life exists within well recognized frontiers. But, human induced degradation of ecosystems is rendering much of the Earth less habitable for the humans and the other species. To cope with the escalating insults to human life and health, governments have been establishing environmental laws since the 1970s. It posits a vital question at this juncture: What should be the functions that environmental law should serve, both today and into the foreseeable future? This article will suggest four thematic areas for action in this regard. First, all laws and policies should embrace a holistic view of Earth; second, a common and shared analytic methodology needs to be deployed such as environmental impact assessment; third, a strategic cock-pit for ecological cooperation required to provide solutions for environmental crises; finally, a set of mutually recognized and shared principles will need to be embraced in order to provide a coherent and harmonized outlook for humanity’s ecological civilization.","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.3233/EPL-209003","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48258691","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":"The Future of the Planetary Trust in a Kaleidoscopic World","authors":"E. Weiss","doi":"10.3233/EPL-209001","DOIUrl":"https://doi.org/10.3233/EPL-209001","url":null,"abstract":"Today, it is evident that we are part of a planetary trust. Conserving our planet represents a public good, global as well as local. The threats to future generations resulting from human activities make applying the normative framework of a planetary trust even more urgent than in the past decades. Initially, the planetary trust focused primarily on threats to the natural system of our human environment such as pollution and natural resource degradation, and on threats to cultural heritage. Now, we face a higher threat of nuclear war, cyber wars, and threats from gene drivers that can cause inheritable changes to genes, potential threats from other new technologies such as artificial intelligence, and possible pandemics. In this context, it is proposed that in the kaleidoscopic world, we must engage all the actors to cooperate with the shared goal of caring for and maintaining planet Earth in trust for present and future generations.","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.3233/EPL-209001","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46252459","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":"Time for a Protocol on Transnational Environmental Crime?","authors":"G. Rose","doi":"10.3233/EPL-219008","DOIUrl":"https://doi.org/10.3233/EPL-219008","url":null,"abstract":"Environmental law became global through the adoption of environmental treaties in the last quarter decade of the 20th century. Similarly, globalisation of criminal law accelerated when the Convention on Transnational Organised Crime 2000 (CTOC) deepened international legal cooperation between States to combat transnational crime. A protocol to the CTOC, complemented by voluntary guidelines and model legislation, could promote international harmonisation of laws against environmental crimes. This article argues that the time is right to bring together certain elements of international environmental and transnational criminal law.","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.3233/EPL-219008","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46395779","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}