Environmental Policy and Law最新文献_第4页

The Environmental Fund Management Model in Indonesia: Some Lessons in Legal Regulation and Practice 印尼环境基金管理模式的法律规制与实践

Environmental Policy and Law Pub Date : 2023-06-22 DOI: 10.3233/epl-230013

Lastuti Abubakar, Tri Handayani

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引用次数: 0

The Inaction in Climate Change Adaptation and Mitigation in Sub-Saharan Africa: Some Policy and Legal Issues 撒哈拉以南非洲在适应和减缓气候变化方面的不作为:一些政策和法律问题

Environmental Policy and Law Pub Date : 2023-06-14 DOI: 10.3233/epl-230079

B. Kooffreh, B. F. Anyatang, Voke Tonia Aminone

引用次数: 0

Environmentally Sound Technologies for Climate Change Mitigation in BRICS Countries: A Comparative Policy and Legal Perspective 金砖国家减缓气候变化的无害环境技术：比较政策和法律视角

Environmental Policy and Law Pub Date : 2023-06-05 DOI: 10.3233/epl-220067

Mahima Tripathi, N. S. Bhattacharya

引用次数: 0

The Rights of the Indigenous People and the Amazon: A Road Ahead+ 土著人民和亚马逊的权利:前进的道路+

Environmental Policy and Law Pub Date : 2023-05-19 DOI: 10.3233/epl-239004

Paulo de Bessa Antunes

引用次数: 0

Biosphere Defenders Leveraging the Human Right to Healthy Environment for Transformative Change 生物圈捍卫者利用健康环境的人权促进变革

Environmental Policy and Law Pub Date : 2023-05-08 DOI: 10.3233/epl-239003

C. Ituarte-Lima

{"title":"Biosphere Defenders Leveraging the Human Right to Healthy Environment for Transformative Change","authors":"C. Ituarte-Lima","doi":"10.3233/epl-239003","DOIUrl":"https://doi.org/10.3233/epl-239003","url":null,"abstract":"Earth’s life support systems depend on biodiversity and healthy ecosystems. Without radical transformations, staying within safe planetary boundaries becomes impossible. While the inequalities between Global North and Global South are increasingly acknowledged, the agency and rights of people often placed in the category of “vulnerable” -women, youth, indigenous peoples and local communities- are not sufficiently recognized. This article discusses the role of biosphere defenders in the context of the 2022–2030 Kunming-Montreal Global Biodiversity Framework and the right to a healthy environment. Through dissecting judicial cases, the article investigates promising examples of ways in which biosphere defenders use the law to trigger societal change. This article finds that biosphere defenders contribute to unleashing values of responsibility by various actors, translating biocultural values of ecosystems into evidence in judicial processes impacting bureaucratic and financial systems. Supporting the work of biosphere defenders and placing the right to a sustainable environment at the heart of biodiversity and human rights law will be vital in confronting head-on the planetary crises.","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-05-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47069840","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 Need for a New Covenant on the Right to a Healthy Environment 《健康环境权新公约》的必要性

Environmental Policy and Law Pub Date : 2023-05-08 DOI: 10.3233/epl-239002

Yann Aguila, Victoria Lichet

{"title":"The Need for a New Covenant on the Right to a Healthy Environment","authors":"Yann Aguila, Victoria Lichet","doi":"10.3233/epl-239002","DOIUrl":"https://doi.org/10.3233/epl-239002","url":null,"abstract":"As humanity is facing a “triple planetary crisis” of climate change, biodiversity loss, and pollution, it seems imperative to strive for an effective integration of new international legal principles, rights, and duties in international environmental law. Following the recognition of the right to a clean, healthy, and sustainable environment as a human right by the UN Human Right Council (2021) and the UN General Assembly (2022), a new Covenant on the Right to a Healthy Environment would reaffirm this right. It can also shape and strengthen new international environmental norms. In order to ensure the effectiveness of the right to a healthy environment, the proposed covenant need to recognize other environmental rights, duties, and principles inherent to the right to a healthy environment and provide for concrete implementation and monitoring measures. This article examines the need for adoption of the proposed new covenant on the right to a healthy environment, before addressing the fundamental environmental rights, duties, and principles inherent to the right to a healthy environment that should necessarily be included, and analyzing how the proposed new covenant can be implemented and monitored so as to ensure effective protection of the environment and our environmental rights.","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-05-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48453915","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 Human Right to Public Participation in Environmental Decision-making: Some Legal Reflections 公众参与环境决策的人权:法律思考

Environmental Policy and Law Pub Date : 2023-05-02 DOI: 10.3233/epl-239001

O. Ruppel, Larissa-Jane Houston

{"title":"The Human Right to Public Participation in Environmental Decision-making: Some Legal Reflections","authors":"O. Ruppel, Larissa-Jane Houston","doi":"10.3233/epl-239001","DOIUrl":"https://doi.org/10.3233/epl-239001","url":null,"abstract":"Recent years have seen an increase in climate-related protests and demonstrations. There is a clear disparity between the opinions of the public and those of the state in relation to climate change and how it should be tackled. At the heart of the problem is poor communication between citizens and state actors, which has resulted in a lack of support from the public for the state’s climate policy formulation and implementation processes. To increase support for new and existing climate-related policies and initiatives, and to ensure that the fundamental human right to public participation is protected, the state must make a concerted effort to engage with the public during the policy formulation, introduction, application and monitoring phases. This would ensure that state actors are better informed about the concerns of the public and that, when promoting decision-making in climate-related policies, citizens are given opportunities to exercise their right to public participation. It would also promote transparency and accountability in the decision-making process and create a more engaged citizenry and inclusive society. The processes driving greater public participation are not new; they have been encouraged and supported by United Nations (UN) Office of the High Commissioner for Human Rights (OHCHR) and have been incorporated into environmental law both at the national level and at an international level through the United Nations Sustainable Development Goals (SDGs). However, it may be necessary to rethink and reframe existing public participatory processes to encourage stronger cooperation between all stakeholders in environmental decision-making processes including climate change.","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-05-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43415902","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

The End-of-Waste for the Transition to Circular Economy: A Legal Review of the European Union Waste Framework Directive 向循环经济过渡的废物终结:对欧盟废物框架指令的法律审查

Environmental Policy and Law Pub Date : 2023-04-25 DOI: 10.3233/epl-220064

Oskar Johansson

{"title":"The End-of-Waste for the Transition to Circular Economy: A Legal Review of the European Union Waste Framework Directive","authors":"Oskar Johansson","doi":"10.3233/epl-220064","DOIUrl":"https://doi.org/10.3233/epl-220064","url":null,"abstract":"The generation of waste is certain and unavoidable. Waste will always exist in some form. It is, however, possible to minimize waste generation and thereby improve virgin resource utilization. Within the European Union, the concept of End of Waste is a legal instrument adopted to facilitate the transition from waste to product, thus by extension facilitate the conditions for a circular economy. In this paper, the implications of the legal definition transforming waste to product, End of Waste, is discussed against the backdrop of waste as a potential resource. Through legal analysis, three primary issues regarding the current formulation of article 6(1) of the Waste Framework Directive (2008/98/EC) are highlighted: (1) the cumulative conditions stated in article 6(1) creating (unnecessary) bottlenecks; (2) the fact that the conditions for End of Waste originally were intended to be operationalized through legislative acts, such as the regulation for iron scrap or glass cullet; and (3) the fact that there is no clear indication of what level of proof the conditions stated in article 6(1) requires and the ambiguity of its application this implies in general. The fact that there must be a specified use as well as a market for a ‘waste’ to transform into something else implies that the underlying idea of the incorporation of End of Waste loses some of its meaning.","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-04-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48978051","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 UN Climate Change Regime Thirty Years on: A Retrospective and Assessment+ 联合国气候变化制度三十年回顾与评估

Environmental Policy and Law Pub Date : 2023-03-22 DOI: 10.3233/epl-219047

D. Bodansky

引用次数: 0

The Global Environmental Perplexity 全球环境困惑

Environmental Policy and Law Pub Date : 2023-03-13 DOI: 10.3233/epl-219057

Bharat H. Desai

引用次数: 0