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The Judiciary: Breathing Life into the Human Right to Life 司法机构：为生命权注入生命
Environmental Policy and Law Pub Date : 2022-04-26 DOI: 10.3233/epl-219058
Nicholas A. Robinson
{"title":"The Judiciary: Breathing Life into the Human Right to Life","authors":"Nicholas A. Robinson","doi":"10.3233/epl-219058","DOIUrl":"https://doi.org/10.3233/epl-219058","url":null,"abstract":"The UN General Assembly (UNGA) recognized the human right to the environment on July 28, 2022 (resolution. 76/300). It came as a sequel to the Human Rights Council (HRC) resolution (48/13) of October 8, 2021 on the identical theme. The right is the foundation for all other human rights and for the UN Sustainable Development Goals 2030 (SDGs 2030). Most States have recognized the right in national constitutions and law. While international tribunals can be expected to clarify and enforce the human right to the environment, it is the national and sub-national courts where the right will be invoked and enforced. These national legal proceedings have begun. They face significant opposition by vested interests, as well as the inertia favoring business as usual. A case study examining the initial decisions in the State of New York (USA) illustrates the character of opposition to observing the right to the environment. Ultimately, procedural “due process of law” will combine with the substantive “human right to the environment” to build needed rigor into laws mandating stewardship of the nature and human wellbeing.","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42119460","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
Future of UNEP: Stockholm+50 and beyond + 环境署的未来：斯德哥尔摩+50及以后+
Environmental Policy and Law Pub Date : 2022-04-22 DOI: 10.3233/epl-219029
D. Kaniaru
{"title":"Future of UNEP: Stockholm+50 and beyond +","authors":"D. Kaniaru","doi":"10.3233/epl-219029","DOIUrl":"https://doi.org/10.3233/epl-219029","url":null,"abstract":"Environmental issue on to the global radar screen with the first UN Conference on Human Environment (UNCHE) hosted by the Swedish Government in Stockholm during 5–16 June 1972. The momentum generated by this historic meeting was attended by only two heads of Government of Sweden and India. It took place amid skepticism about the approach, the North-South divide and the idea that global problems need global solutions. It gave birth to a new UN environment entity –UNEP –that became the first major UN entity to be located in the African continent. The UN General Assembly driven global conferencing approach has stood the test of time as witnessed in subsequent summits at Rio de Janeiro (1992), Johannesburg (2002) and Rio+20 event (2012). Now the stage is set for the 50 years of the UNCHE. The first part took place in Nairobi during 3-4 March 2022. The second part will be held in Stockholm during 2-3 June 2022. The author has been privy as well as a participant in the making of UNEP from its inception and his life became intertwined with the life of UNEP. This article seeks to provide that firsthand account along with what went wrong and what lies ahead beyond Stockhom+50 event.","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45563530","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
Beyond Sustainability: Challenges for Environmental Law in the Era of Uncertainty 超越可持续性：不确定性时代环境法面临的挑战
Environmental Policy and Law Pub Date : 2022-04-22 DOI: 10.3233/epl-219027
Jordi Jaria-Manzano
{"title":"Beyond Sustainability: Challenges for Environmental Law in the Era of Uncertainty","authors":"Jordi Jaria-Manzano","doi":"10.3233/epl-219027","DOIUrl":"https://doi.org/10.3233/epl-219027","url":null,"abstract":"It is growingly accepted that the Planet has entered into a new geological era, the Anthropocene. Even if it is controversial to assess the changes in the Earth System brought by this geological transformation, it seems clear that the increasing exchange between society and its biophysical support gives as a result a global ecosocial network of astonishing complexity. Consequently, it has been concluded that the Anthropocene would be a more unstable geological period compared with the Holocene, with escalating plausibility of nonlinear disruptive events. International institutions and governments of states continue to produce environmental regulations, inspired in a constitutional framing of the global environmental crisis. This approach is largely based in the concept of sustainable development, which implies a negation of planetary change and ignores the growing uncertainty of planetary processes, according to the complexity of interactions of human agency and planetary evolution in the Anthropocene. The occurrence of nonlinear events is at odds with a political and legal vision which is essentially static, because of the confidence in some kind of technological fix of global environmental crisis. This paper is focused on the inability of sustainability to capture the implications of the narrative of planetary transformation, and explores the concept of resilience as alternative.","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41851017","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
Envisioning the Future of the Third Pole: A Look Ahead 展望第三极的未来：展望未来
Environmental Policy and Law Pub Date : 2022-04-20 DOI: 10.3233/epl-219026
K. Oli, B. Shakya, Manish Pandey
{"title":"Envisioning the Future of the Third Pole: A Look Ahead","authors":"K. Oli, B. Shakya, Manish Pandey","doi":"10.3233/epl-219026","DOIUrl":"https://doi.org/10.3233/epl-219026","url":null,"abstract":"This article envisions the future of the Third Pole Region (TPR) considering the principles and mechanisms for a regional alliance among the countries sharing the Third Pole environment. The TPR comprises the largest and the highest mountain ranges on earth connecting 12 countries. Often referred to as the “Water Tower of Asia” it is the headwater of 10 major Asian rivers that provides water to over 1.4 billion people downstream. The Third Pole environment is rapidly changing –changes driven by both climate and anthropogenic influence. Impact of the increased greenhouse gas emissions is considered to be more serious in the Third Pole than any other place in the world. The rapidly changing climate and its impacts on TPR environment means cascading changes in snow, water, air, land, biodiversity, and people not just in the TPR but also in the adjacent river basins and landscapes. Such transboundary implications demand attention going beyond country led climate action. It demands collaborative science interventions to develop a thorough understanding of climate trends and projections, drivers of changes, depth of consequences, but importantly harmonization of laws and policies to navigate the cost of impact and inactions for the entire region. The prospective “Third Pole Alliance” regional cooperation framework outlined here provides an institutional justification and governance set up to harmonize action of 12 countries sharing the TPR. The alliance is going to be crucial if we are to regulate development oriented anthropogenic influences, streamline global, regional and local investments for collective climate action, and contribute to keeping the target of 1.5°C –the target which is already too high for the TPR.","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47259410","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
Legal Lamination to Transboundary Movement of Plastic Pollutants 塑料污染物越境转移的法律分层
Environmental Policy and Law Pub Date : 2022-04-20 DOI: 10.3233/epl-219025
S. Subedi, A. Pandey
{"title":"Legal Lamination to Transboundary Movement of Plastic Pollutants","authors":"S. Subedi, A. Pandey","doi":"10.3233/epl-219025","DOIUrl":"https://doi.org/10.3233/epl-219025","url":null,"abstract":"The menace caused by plastic waste is one of the biggest challenges the world is facing today. It is established that plastic pollution and its accumulation in the world ocean is one of the greatest threats exacerbating all three planetary existential threats identified by the UN. The presence of plastic pollutants in the marine environment is due to its transboundary and cross-continental movement. Therefore, after five decades of the Stockholm conference, it seems necessary to explore how far the principles and objectives of the Stockholm Declaration can be utilized to accommodate the rising concerns and to address the existing environmental crises, including the plastic pollution. There is a need to develop a cooperative scheme that enables the international community of States to come together and find a solution using the expertise of the Basel Convention. Such an initiative –a sort of alliance of states, both members and non-member States to the Convention - could also pave the way for similar collaboration among States to tackle the issues associated with plastic and other forms of pollution.","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46555854","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
Environmental Terrorism: A New Prohibited Crime under International Law? 环境恐怖主义：一种新的国际法禁止犯罪？
Environmental Policy and Law Pub Date : 2022-04-19 DOI: 10.3233/epl-219023
G. Rose
{"title":"Environmental Terrorism: A New Prohibited Crime under International Law?","authors":"G. Rose","doi":"10.3233/epl-219023","DOIUrl":"https://doi.org/10.3233/epl-219023","url":null,"abstract":"The ease with which severe harms can be deliberately inflicted upon the natural environment to coerce political behaviour pose real and current threats to both nature and to social stability. There is a serious lack of international law to criminalise environmental terrorism. This lacuna could be remedied in part by the formulation and adoption of a new treaty to define and criminalise acts of terror against the natural environment. The outline of such a treaty is described in this article.","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45022605","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
From “Do trees have rights?” to wondering about ecocide –drawing on the rule of law to protect our environment+ 出自《树有权利吗?》到对生态灭绝的疑惑——依靠法治来保护我们的环境
Environmental Policy and Law Pub Date : 2022-04-19 DOI: 10.3233/epl-219024
Eleanor Sharpston
{"title":"From “Do trees have rights?” to wondering about ecocide –drawing on the rule of law to protect our environment+","authors":"Eleanor Sharpston","doi":"10.3233/epl-219024","DOIUrl":"https://doi.org/10.3233/epl-219024","url":null,"abstract":"This study argues that trees and other natural resources should have rights (for example, the right to exist) and that environmental groups should be entitled to speak for them and to present their claims in court. It calls for a little deeper thinking about what specific rights trees need in order to prosper as trees. In fact, we draw as to what legitimately may be done to the environment surrounding trees without trespassing upon their respective rights might be different. When the legislator has enacted laws that do protect trees (or surfaces of water, or habitats for birds and animals), the important next question then becomes, ‘how are those laws actually to be enforced?’ One possibility is to amend the Rome Statute to include ecocide.","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43555222","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
Getting it Right: Advances of Human Rights and the Environment from Stockholm 1972 to Stockholm 2022 正确:从1972年斯德哥尔摩到2022年斯德哥尔摩的人权和环境进步
Environmental Policy and Law Pub Date : 2022-04-19 DOI: 10.3233/epl-219022
J. Ebbesson
{"title":"Getting it Right: Advances of Human Rights and the Environment from Stockholm 1972 to Stockholm 2022","authors":"J. Ebbesson","doi":"10.3233/epl-219022","DOIUrl":"https://doi.org/10.3233/epl-219022","url":null,"abstract":"The 1972 UN Stockholm Conference of the Human Environment (UNCHE) was ahead of its time in asserting that “Man has the fundamental right to freedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being”. Fifty years later, at Stockholm+50, the human rights approach to environment protection has been significantly consolidated in international law and governance. The article describes and reflects on these developments from the 1972 Stockholm Conference to the 2022 Stockholm Meeting. The consolidation of the human rights approach to environment protection results from normative advances at regional and global scales, further world summits on environment and sustainable development, international treaty-making to protect the environment and human rights, international policy documents and declarations, and remarkable jurisprudential developments. In parallel, fundamental rights relating to the environment have also been recognised in numerous national constitutions and laws. While the human rights approach is not a panacea to resolve all environmental concerns, and to ascertain due concerns for non-human species and interests that are not directly linked to human well-being, it is a key to ensure that no one is left behind in the pursuit for sustainable development and prosperity.","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45683194","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 Role of Nudges as Behavioral Regulation Tools for Smart Cities: A Comparative Perspective on New York and Sao Paulo 轻推作为智能城市行为调节工具的作用:纽约和圣保罗的比较视角
Environmental Policy and Law Pub Date : 2022-03-26 DOI: 10.3233/epl-210118
Luiz Eduardo, Rafael Oliveir
{"title":"The Role of Nudges as Behavioral Regulation Tools for Smart Cities: A Comparative Perspective on New York and Sao Paulo","authors":"Luiz Eduardo, Rafael Oliveir","doi":"10.3233/epl-210118","DOIUrl":"https://doi.org/10.3233/epl-210118","url":null,"abstract":"The present paper aims to do a parallel between the city of New York and Sao Paulo, which are cities that, in a comparative model, have many differences when it comes to the application of the concepts of smart cities and the objectives of the 2030 Agenda. Speaking in the smart city refers to the idea of safety, modern means of transport with reduction or neutralization in the emission of greenhouse gases, greater locomotive technology, economy, social cohesion, use of renewable energy methods, and greater contact of human beings with nature, as exposed in the IESE Cities in Motion Index 2020. The article will present the notion of a Smart City and will assess whether the cities of New York and Sao Paulo fulfill the requirements to fit into the notion of smart cities. In the end, the text will demonstrate the importance of behavioral regulation, with an emphasis on nudges, for the implementation of smart cities.","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41417434","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
Fair Trial and Expert Judges – Towards Environmental Justice? 公平审判与专家法官-迈向环境正义?
Environmental Policy and Law Pub Date : 2022-03-23 DOI: 10.3233/epl-210101
Hanna Nieminen-Finne
{"title":"Fair Trial and Expert Judges – Towards Environmental Justice?","authors":"Hanna Nieminen-Finne","doi":"10.3233/epl-210101","DOIUrl":"https://doi.org/10.3233/epl-210101","url":null,"abstract":"This article examines the role of expert judges who participate in resolving environmental protection cases at the Vaasa Administrative Court, Finland, which is the first instance of appeal. The expert judges have a degree in either engineering or natural sciences and they work as full-time judges. This article describes the requirements of a fair trial according to the Convention on Human Rights. The most interesting elements of a fair trial are the adversary principle and the independence and impartiality of the court. Access to a court and to justice and the Aarhus Convention are the basic elements of environmental justice and the Finnish system. Several international aspects support it. Even the most critical aspect, the adversary principle, does not demand the abolishment of the system of environmental expert judges.","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47997906","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
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