{"title":"Reconciling the Dual Worldviews of Ancient Wisdom and Modernity: Collaborative-Learning Implications for Future Discourse","authors":"Dan Frederick Orcherton","doi":"10.33002/jelp03.02.03","DOIUrl":"https://doi.org/10.33002/jelp03.02.03","url":null,"abstract":"Science, climate change and traditional (or local) knowledge have been at the forefront of many academic and non-academic debates attempting to find discernible or explainable commonalities that exist between opposing worldviews (traditional knowledge/indigenous science vs. Western or Eurocentric Science). Ancient wisdom and modernity have seen their share of controversies over the past decade or more and, in particular, attended by many authors and scientists to explore these two important perspectives. This paper attempts to situate traditional knowledge and modern science by exploring the duality of ancient wisdom and modernity, and, in doing so, creates a better understanding of the importance of these opposing worldviews and how science ancient wisdom and technology/modernism can be interpreted and understood. The paper further explores meaningful interdisciplinary perspectives on how to explain coincidental relationships, components of bridging traditional knowledge/local knowledge (TK/LK) and transforming the compartmentalized view of science within a more holistic understanding of traditional ways of knowing. Lastly, merging Western or Eurocentric Sciences with Traditional Science has important policy implications that justify social-legitimacy through collaborative learning (CL) and integrating system thinking and conflict management.","PeriodicalId":93166,"journal":{"name":"Arizona journal of environmental law & policy","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136035452","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":"Biodiversity and Conservation: Cross-Border Legal and Regulatory Perspectives","authors":"A. Harrington, Konstantia Koutouki","doi":"10.33002/jelp01.03.03","DOIUrl":"https://doi.org/10.33002/jelp01.03.03","url":null,"abstract":"This article provides an overview of the legal and policy frameworks for the protection of threatened and vulnerable wildlife on private lands in Canada and the United States, the approaches adopted in different jurisdictions and the response of key constituencies, and formulates recommendations based on these experiences. Canada and the United States serve as an important source of comparison in terms of biodiversity protection mechanisms for several reasons, ranging from geography and legal systems protections to shared economic concerns and development. Additionally, the shared fundamental dichotomy between governance at the national/federal level and the provincial/state level is a key area of comparison since there are many overlaps in these elements of governance across systems. At the same time, these relationships are governed subject to different forms of legal imperatives given the nature of articulated national and subnational powers and roles in Canadian law and the Constitution of the United States. Since both systems give primacy of place in law and regulation related to biodiversity and associated resources to the national/federal level, any comparisons must start at this level.","PeriodicalId":93166,"journal":{"name":"Arizona journal of environmental law & policy","volume":"6 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79113234","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":"Production Sharing Agreements: Learning Lessons from Russia and Nigeria","authors":"M. Peters","doi":"10.33002/jelp01.03.02","DOIUrl":"https://doi.org/10.33002/jelp01.03.02","url":null,"abstract":"This paper lays the foundation of what Production Sharing Agreements are, what they were intended to be, and how they have failed to meet the current requirements of the State and, in turn, have ended up exploiting the economic resources of the countries by not giving the State their rightful due. Moreover, this paper highlights the consequences of implementing the Production Sharing Agreements in two major oil producing States namely Nigeria and Russia. Subsequently, an earnest attempt has been made to bring to light the flaws of the Production Sharing Agreements accompanied with the inefficiency of the States to amend their respective laws according to their economic requirements.","PeriodicalId":93166,"journal":{"name":"Arizona journal of environmental law & policy","volume":"158 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76551239","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":"LEGAL SUPPORT TO THE PROTECTION OF LAND AND SOIL IN LIGHT OF NEW REGULATIONS OF UKRAINE","authors":"S. Khominets","doi":"10.33002/jelp01.02.02","DOIUrl":"https://doi.org/10.33002/jelp01.02.02","url":null,"abstract":"In this article, regulations on land and soil protection are studied in a chronological sequence and in the historical and legal contexts. The main factors responsible for the deterioration of the quality of land resources and the soil environment are identified. The modern regulatory framework providing legal support to land and soil protection is analyzed. Among the current problems is the improper land-use triggered by inadequate legal regulation concerning pollution, depletion, degradation, and reduced fertility of soil. Appropriate legal protection to the ecological functions of the soil is absent. Further legal framework addressing rational use and protection of land resources (including soil) in Ukraine should be developed integrating environmental interests of society and ecological tenets of sustainable development.","PeriodicalId":93166,"journal":{"name":"Arizona journal of environmental law & policy","volume":"16 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74216605","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":"WATER, ENERGY AND FOOD NEXUS INTERVENTIONS: IMPLICATIONS FOR THE ACHIEVEMENT OF THE SUSTAINABLE DEVELOPMENT GOALS IN MALAWI","authors":"N. F. Unuigbe, Aizenose Promise Ehizojie","doi":"10.33002/jelp01.02.01","DOIUrl":"https://doi.org/10.33002/jelp01.02.01","url":null,"abstract":"Malawi faces mounting challenges in meeting the growing demand for food, water, and energy to satisfy the needs of a rapidly growing population. Relying on secondary data, the paper argues that while the existing policy initiatives have increased food production to a certain extent, the demand for water and energy has also increased, leading to degradation of the resource base, and contributing to an increase in water-related diseases. Poor sectoral coordination and institutional fragmentation have triggered the unsustainable use of resources and threatened the long-term sustainability of food, water, and energy security in the country, posing challenges to achieving the Sustainable Development Goals (SDGs) in the country. Consequently, this paper substantiates that a nexus approach can enhance understanding of the interconnectedness of the sectors and strengthen coordination among them. However, it requires a major shift in the decision-making process towards taking a holistic view, and development of institutional mechanisms to coordinate the actions of diverse actors and strengthen complementarities and synergies among the three sectors. The framework for cross-sectoral coordination and managing the nexus challenges is also suggested.","PeriodicalId":93166,"journal":{"name":"Arizona journal of environmental law & policy","volume":"27 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90552571","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}
C. S. G. Martins, F. Schulz, C. Esteves, S. Marchini
{"title":"JAGUAR AND PUMA IN BRAZILIAN SEMI-ARID REGION – SCAPEGOATS FOR WEAK GOVERNANCE?","authors":"C. S. G. Martins, F. Schulz, C. Esteves, S. Marchini","doi":"10.33002/jelp01.02.04","DOIUrl":"https://doi.org/10.33002/jelp01.02.04","url":null,"abstract":"Exclusively Brazilian, the Caatinga is a seasonally dry tropical forest where the endangered jaguar (Panthera onca) and puma (Puma concolor) co-occur with the lowest regional Human Development Indexes. New land uses challenge traditional livelihoods and add threats to species historically poached in retaliation for livestock depredation. Chronicle biodiversity conflicts became acute after a reported increase in depredation allegedly because of those changes and conflicts among stakeholders. Using the framework of human dimensions of wildlife management, pioneer research on the vulnerabilities of rural communities to jaguar-and-puma conflicts was led in ‘Boqueirão da Onça’, within and surrounding that polygon of protected areas. The aim was to identify, describe, understand, and predict human behaviour, and link the outcomes with the IUCN natural resources governance concept. Negative attitudes arose from 72% and 35.2% participants towards the proximity of jaguar and proximity of puma, respectively. When asked about institutions working for wildlife protection, and institutions working for people facing problems caused by carnivores, 64.9% and 88.8%, respectively, were unaware of them. Regarding beliefs about co-occurrence with jaguars or pumas, 80.9% and 82.9%, respectively, mentioned more problems than benefits, with 74.5% believing in the increase of both species’ populations due to the creation of protected areas. This scenario may ease jaguar and puma to become scapegoats for human-wildlife and broader social conflicts, unless values such as justice and transparency are pursued.","PeriodicalId":93166,"journal":{"name":"Arizona journal of environmental law & policy","volume":"49 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74560984","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":"EXPLORING THE LESSONS OF THE KIMBERLEY PROCESS FOR CLIMATE CHANGE ACTION","authors":"Martin-Joe Ezeudu","doi":"10.33002/jelp01.02.03","DOIUrl":"https://doi.org/10.33002/jelp01.02.03","url":null,"abstract":"There has been a great deal of academic discourse about policy and governance choices embedded in the UNFCCC-based regimes for Climate Change action, and they point to the inefficiency and ineffectiveness of such regimes, which is often attributed to the fact that they hinge on the political authority of State actors and lack meaningful enforcement mechanisms. Against this backdrop, this paper argues that an alternative regime may be needed; and that for an effective regulatory framework for Climate Change action to emerge there needs to be a regulatory imperativeness similar to that upon which the Kimberley Process was created, where Non-State Actors play a leadership role. It also argues that in addition to regulatory imperativeness, the making and enforcement of the Kimberley Process provides helpful lessons towards crafting a more effective Climate Change remedial regime.","PeriodicalId":93166,"journal":{"name":"Arizona journal of environmental law & policy","volume":"31 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79354735","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":"FORMATION AND DEVELOPMENT OF THE ECOSYSTEM APPROACH IN INTERNATIONAL ENVIRONMENTAL LAW BEFORE THE CONVENTION ON BIOLOGICAL DIVERSITY","authors":"Yevhenii Suietnov","doi":"10.33002/JELP001.03","DOIUrl":"https://doi.org/10.33002/JELP001.03","url":null,"abstract":"The article analyses general aspects of the formation and development of the ecosystem approach in international environmental law before the adoption and entry into force of the Convention on Biological Diversity. On the grounds of thorough and complex research encompassing the main international environmental agreements and scientists’ views, it is concluded that the issues of protection and conservation of natural ecosystems and implementation of the ecosystem approach had already received wide support at the international level by that time, whereas adopted agreements created the necessary base for the further formation and development of the ecosystem approach as a holistic concept under the Convention on Biological Diversity.","PeriodicalId":93166,"journal":{"name":"Arizona journal of environmental law & policy","volume":"99 1","pages":"47-85"},"PeriodicalIF":0.0,"publicationDate":"2021-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87334002","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":"ANALYSIS OF INDIAN AND CANADIAN LAWS REGULATING THE BIOPESTICIDES: A COMPARISON","authors":"H. Arjjumend, Konstantia Koutouki","doi":"10.33002/JELP001.02","DOIUrl":"https://doi.org/10.33002/JELP001.02","url":null,"abstract":"An excessive use of toxic plant protection chemicals has irreversibly damaged the soil biology of agroecosystems, resulting in a substantial decline of productivity. Biocontrol agents, especially microbial biopesticides, are seen as one of the key solutions to overcome toxicity and pest resistance issues. Biopesticides are defined as mass-produced agents manufactured from living microorganisms or natural products used for the control of pests. Laws to regulate biopesticides both in India and Canada need to be analysed from the perspectives of trade facilitation, ease of business, proliferation of green technologies and products, and the sustainability and revitalization of soil biology. Registration of new biopesticides for its manufacturing, trade, import, storage, transport, disposal and safety is discussed from the point of view of the legal barriers imposed on the production process and trade. Having compared laws of both countries, authors offer recommendations for legal reform.","PeriodicalId":93166,"journal":{"name":"Arizona journal of environmental law & policy","volume":"9 1","pages":"26-46"},"PeriodicalIF":0.0,"publicationDate":"2021-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86650858","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":"Land and Water","authors":"Malcolm L. Comeaux","doi":"10.1201/9780429051388-6","DOIUrl":"https://doi.org/10.1201/9780429051388-6","url":null,"abstract":"","PeriodicalId":93166,"journal":{"name":"Arizona journal of environmental law & policy","volume":"45 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72792955","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}