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Price: EUR 150.00Environmental Policy and Law (EPL) is a global journal that seeks to publish cutting-edge scholarly works that have global significance. It provides a platform to facilitate an ideational understanding of international environmental policy, law, and institutional issues.
EPL aims to cater to the quest of the scholars and the decision-makers to address the environmental "world problematique." It will, where possible, also aims to accommodate high-quality research works on regional and national (policy, law, and institutional) issues of significance that have global value as well as replicable in other parts of the world. EPL’s ideational vision and the content will be guided by this primary remit to pursue a pathway for a better common environmental future. By bridging both academic and professional domains in the environmental field, EPL seeks to serve the needs of professionals, practitioners, researchers, students, and policymakers. The journal invites contributions with legal analyses to remain at the forefront of the concerted scholarly discourse and provide practical solutions for global environmental challenges in the 21st century and beyond.
Authors: Vinata, Ria Tri | Kumala, Masitha Tismanada | Setyowati, Peni Jati
Article Type: Research Article
Abstract: Climate change due to global warming will have an impact on marine and coastal ecosystems, including causing loss of biodiversity and threatening the sustainability of marine and coastal resources. The Sixth Assessment Report of the Intergovernmental Panel on Climate Change (IPCC) made Indonesia, which is a tropical archipelagic state as one of the hotspots that is very at risk of being affected by global warming. This risk is especially experienced by cities on the coast. Therefore the importance of adaptation, especially in dealing with the impacts of climate change that has already occurred. The adaptation process cannot be delayed any …longer because the earth’s temperature will certainly increase beyond the threshold of 1.5 degrees Celsius in 2030 compared to the pre-Industrial Revolution temperature of 1850. Currently, the global temperature increase has reached 1.1 degrees Celsius. Therefore, Indonesia must immediately make adaptation efforts by utilizing the Blue Carbon Ecosystem which is based on research that blue carbon can absorb and store 100 times more carbon and is more permanent than forests on land. This stored carbon can be stored for thousands of years. Because of this great potential, coastal ecosystems can play many roles as adaptation solutions and mitigation of climate change impacts. Therefore researchers conduct research with the aim of the research is to create Strategies and Adaptation Efforts for Utilizing Blue Carbon Ecosystems: Disaster Resilience, Climate Crisis, and Sustainable Development, with the main target of implementing Resource Based Theory in developing strategies for utilization of Marine Resources, especially Utilization of Carbon Ecosystems Blue in Indonesian marine environment. This research is expected to provide theoretical and empirical evidence related to the development of blue ecosystem utilization strategies, climate crisis, and sustainable development. Show more
Keywords: Blue carbon potential, adaptation efforts, climate resilience, UNFCCC, Paris Agreement, blue carbon ecosystem
DOI: 10.3233/EPL-230049
Citation: Environmental Policy and Law, vol. Pre-press, no. Pre-press, pp. 1-9, 2024
Authors: Olujobi, Olusola Joshua | Irumekhai, Oshobugie Suleiman | Aina-Pelemo, Adetutu Deborah
Article Type: Research Article
Abstract: This study delves into the pivotal roles played by sustainable development and national integration in advancing legal compliance, environmental protection, and sustainability within Nigeria. Employing a doctrinal and conceptual legal research approach, it meticulously examines pertinent literature, international exemplars, and conducts an exhaustive analysis of primary and secondary legal sources, including the 1999 Constitution of the Federal Republic of Nigeria (as amended), the Climate Change Act of 2021, and relevant international instruments. An effort has been made to examine extant sustainable development practices, presenting an encompassing snapshot of the nation’s legal, environmental, and sustainability apprehensions, while also addressing the …attendant challenges. Moreover, it undertakes a comprehensive evaluation of Nigeria’s prevailing legal framework concerning environmental protection, delving into its potential for long-term sustainability. The findings resoundingly underscore the potency of sustainable development as a strategic avenue for achieving legal compliance, environmental protection, and enduring sustainability. Importantly, the study unveils that the Sustainable Development Goals (SDGs) find manifestation within Chapter II of the Constitution, albeit in a non-justiciable form, thereby impeding the stride toward their attainment. Nevertheless, it accentuates the necessity for an approach that meticulously factors in Nigeria’s distinctive context and specific requisites, thereby fostering effectiveness through national integration, policy execution, effective communication, and collaborative synergy across stakeholders within both the public and private domains. Essential to the realization of SDGs’ objectives is a synergistic collaboration amongst the government, academia, and non-governmental organizations. This study illuminates the latent potential of sustainable development and national integration as efficacious strategies for propelling legal compliance, environmental protection, and sustainability. It proffers a recommendation for the assimilation of innovative paradigms that have proven successful in mitigating environmental degradation elsewhere. Ultimately, the study ardently advocates for comprehensive overhauls to systematically address Nigeria’s complex entanglements encompassing legality, environment, and sustainability. Furthermore, the study ardently champions the elimination of the provision stipulated in section 6(6)(c) of the 1999 Constitution as a crucial step towards realizing the SDGs’ objectives within Nigeria. Show more
Keywords: Sustainable development, national integration, legal compliance, environmental protection, Nigeria
DOI: 10.3233/EPL-230050
Citation: Environmental Policy and Law, vol. Pre-press, no. Pre-press, pp. 1-15, 2024
Authors: Nurhayati, Yati | Ifrani, | Huda, Mokhamad Khoirul
Article Type: Research Article
Abstract: The Nationally Determined Contribution (NDC) of Indonesia in the Paris Agreement targeted emission reductions of 29% on its own and 41% with international cooperation in 2030, followed by Net Zero Emissions (NZE) in 2060. To achieve NZE, Indonesia enacted a carbon tax policy on April 1, 2022. The 2022–2024 carbon tax is limited to Steam Power Plants and will be imposed on other sectors by 2030. This research examines the ratio legis of carbon cost policies in Indonesia and compares the core of carbon tax policies in Indonesia with Sweden and Finland. Indonesia is starting to implement a Carbon Pricing …policy under the ‘Cap-and-Tax’ scheme. The Cap scheme will be a means to force changes in the business culture in Indonesia, so the companies will pay attention to and reduce the carbon emission produced to avoid paying penalties for carbon exceeding the limits. Meanwhile, the Carbon Tax will provide economic resources to Indonesia to develop environmentally friendly technologies, fund research on renewable energy, and provide incentives for environmentally friendly businesses during the transition process to a carbon culture in Indonesia. Referring to the results of the comparison of carbon pricing policies in Finland and Sweden, Indonesia can gradually increase the cost of carbon taxes starting from Rp30,000/US$2 per ton CO2 equivalent to US$10 per ton CO2 equivalent. Meanwhile, for the imposition of high carbon tax rates, such as in Finland (US$73.02 per ton CO2 equivalent) and Sweden (US$137 per ton CO2 equivalent), Indonesia must carry out tax reforms, so the applied carbon tax is able to reduce carbon emissions without causing adverse impacts for the Indonesian economy. Show more
Keywords: climate change, carbon pricing, Indonesia, pigouvian tax, Paris Agreement, greenhouse gas amissions, nationally determined contribution, net zero emission
DOI: 10.3233/EPL-230047
Citation: Environmental Policy and Law, vol. Pre-press, no. Pre-press, pp. 1-11, 2024
Authors: Darian-Smith, Eve
Article Type: Research Article
Abstract: In 2024, around the world nearly 60 national elections will be held involving billions of people. Many commentators see this as a make-or-break moment in terms of re-establishing democracy and pushing back against rising authoritarian regimes that have been increasing in recent years. This essay explores why –despite worldwide scientific consensus that we are facing ecological collapse –there is little discussion about the climate crisis among the upcoming wave of national elections. This silence around the climate emergency raises several pressing questions: Why is there limited political will on behalf of national leaders when it comes to mitigating the climate …crisis? What does this suggest about the state of democracy when political leaders can sidestep and ignore the escalating demands of their constituencies? Finally, what actions can be taken by ordinary people who are increasingly subject to repressive anti-protest laws that prevent them from speaking out against antidemocratic leaders and their political collusion with the fossil fuel sector? Show more
Keywords: Democracy, authoritarianism, climate emergency, political will, anti-protest laws
DOI: 10.3233/EPL-239023
Citation: Environmental Policy and Law, vol. Pre-press, no. Pre-press, pp. 1-10, 2024
Authors: Nakatani, Kazuhiro
Article Type: Research Article
Abstract: Negotiorum gestio is originally a civil law concept. When an intervenor acts on behalf of, and for the benefit of, the principal without the prior consent of the principal, the intervenor is entitled to reimbursement of expenses. The concept of n egotiorum gestio can provide a legal basis for it. Does the concept exist in international law? Although negotiorum gestio is rarely referred to in international law and its legal status is unclear, we can find it in some treaties like salvage conventions as well as some diplomatic practices like the reimbursement of expenses arising from …the assistance to abate and prevent environmental damage to the Gulf after the Gulf War in the framework of the United Nations Compensation Commission. Moreover, the application of the concept of negotiorum gestio is indispensable for addressing planetary level crisis such as space debris and planetary defense. Even if international cooperation is difficult due to geopolitical situations, voluntary actions by a State acting in good faith to mitigate the crisis should be promoted. Negotiorum gestio can be the legal basis of such actions. Show more
Keywords: Negotiorum gestio , general principle of law, environmental damage, space debris, planetary defense, good Samaritan law
DOI: 10.3233/EPL-239020
Citation: Environmental Policy and Law, vol. Pre-press, no. Pre-press, pp. 1-6, 2024
Authors: Young, Oran R.
Article Type: Research Article
Abstract: The 21st century has given rise to a growing class of challenges that are difficult – perhaps impossible – to address effectively within framework of the existing global order. While numerous factors play a role in causing this problem, this essay focuses on difficulties arising from the influence of the paradigm of “relative gains maximization” as a determinant of the course of interactions among actors on a global scale. Following an account of the nature and impact of this paradigm, the essay explores prospects both, for reforming the paradigm to ameliorate its effects and for more transformative changes featuring the …development of a new paradigm. The way forward is to develop perspectives that highlight the need for cooperative measures to address common concerns arising in a world of complex systems. Show more
Keywords: complex system, paradigm, reform, transformation
DOI: 10.3233/EPL-239024
Citation: Environmental Policy and Law, vol. Pre-press, no. Pre-press, pp. 1-9, 2024
Authors: Lähteenmäki-Uutela, Anu | Ituarte-Lima, Claudia | Turunen, Topi | Ott, Anna | Lonkila, Annika | Haukioja, Teemu
Article Type: Research Article
Abstract: The profound changes in Earth systems dynamics are affecting the health of the entire planet and the realization of a broad range of human rights. In this paper, we propose that the grand narrative of human rights including the legal right to a clean, healthy and sustainable environment recognized by the United Nations in 2022 requires the acknowledgment of the interconnected challenges posed by planetary crises. We discuss how planetary boundaries (PB) research can provide evidence-based arguments and clarify State duties concerning their international human rights law commitments. The economic, social and cultural rights are deeply connected with the right …to a healthy environment. Human rights to water, food, or health, for example, can all be understood in the context of Earth systems change. Civil and political rights go beyond individuals to include also collective action and participation to tackle planetary social-ecological challenges. Gaps remain in human rights law concerning some of the PBs, which risks overlooking the interconnected drivers of ecosystem degradation. Clearer legal standing and justification for legal demands, for example concerning the impacts of water use, land use and deforestation, are needed to tackle PB overshoot. States must act at various spaces including the global economic systems and the global supply chains of goods and services for humanity to reach planetary safe and just spaces. Weaving international human rights law and advances at various geographical scales on the right to a healthy environment with PB provides a powerful tool for defending the prerequisites of good life for everyone, everywhere. Show more
Keywords: Right to a healthy environment, safe and just space, planetary boundaries, human rights, law
DOI: 10.3233/EPL-230055
Citation: Environmental Policy and Law, vol. Pre-press, no. Pre-press, pp. 1-12, 2024
Authors: Weiss, Edith Brown
Article Type: Research Article
Abstract: Conserving the Earth System represents a public good, global as well local. In today’s 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. The UN Summit of the Future is an opportunity to embark on six critical strategies: commitment to consider the future and reaffirm intergenerational equity; representation to future generations; monitoring, assessment and collection of lessons learned; scientific and technological research and development; institutional development; and education and raising of public consciousness. The financial and commercial sectors must consider the …future in decision-making. Show more
Keywords: Intergenerational equity, natural resources, planetary trust, kaleidoscopic world, national security, climate change
DOI: 10.3233/EPL-239021
Citation: Environmental Policy and Law, vol. Pre-press, no. Pre-press, pp. 1-12, 2024
Authors: Ruppel, Oliver C. | Murray, Ruda
Article Type: Research Article
Abstract: In a world grappling with unprecedented challenges, the Sustainable Development Goals (SDGs), adopted by the United Nations General Assembly in 2015, to be achieved by 2030, stand as a beacon of hope, envisioning a future where prosperity, equity, and environmental sustainability coalesce. As the outcome of the 2023 SDG New York Summit (18-19 September) showed, the path to achieving these ambitious goals remains uneven, with persistent gaps in poverty eradication, climate action, and other critical areas. While legal frameworks, such as national development plans and international treaties, play a role, integrating the SDGs into the very foundation of governance –the …constitution –offers a potentially powerful solution. Elevating the SDGs to constitutional principles grants them binding legal force, making governments accountable for their implementation. Additionally, integrating human rights and environmental protection principles embedded within the SDGs strengthens existing constitutional guarantees and opens avenues for legal challenges against unsustainable policies. Domestic policies must align with these ‘constitutionalised goals’, leading to a more holistic approach to sustainable development. Show more
Keywords: Comparative constitutional law, constitutional design, legal system, sustainable development goals, SDG New York Summit
DOI: 10.3233/EPL-239022
Citation: Environmental Policy and Law, vol. Pre-press, no. Pre-press, pp. 1-33, 2024
Authors: VanderZwaag, David L.
Article Type: Research Article
Abstract: After describing how the marine environment is tottering in the face of the triple environmental crisis, this article explores the limited governance progressions at the global and regional levels in addressing the threats of pollution, climate change and biodiversity loss in the especially vulnerable Arctic. For pollution, key limitations include slow and arduous processes to add chemicals for control under the Stockholm and Rotterdam Conventions and reliance at the regional level on a fragmented array of pollution studies and projects but without specific region-wide legally binding pollution standards. For climate change, the world is not on track to meet the …Paris Agreement’s temperature targets which is especially problematic for the Arctic cryosphere while the Arctic Council has largely been limited to providing general statements of concern and aspirational calls for enhanced climate mitigation and adaptation actions. For marine biodiversity losses, a pan-Arctic network of marine protected areas has yet to be developed and various implementation challenges surround the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean including the need to ensure adequate financial, human resource and technical support. The paper concludes by highlighting some promising future governance directions. They include: the conclusion of a global treaty on plastic pollution; implementation of a new Global Framework on Chemicals –For a Planet Free of Harm from Chemicals and Waste; expected further clarifications from international tribunals on State responsibilities to address climate change; and regional implementation of the Kunming-Montreal Global Biodiversity Framework and the new agreement under the UN Convention on Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. Show more
Keywords: Triple planetary crisis, long-range pollution, climate change, marine biodiversity loss, governance, Arctic
DOI: 10.3233/EPL-239026
Citation: Environmental Policy and Law, vol. Pre-press, no. Pre-press, pp. 1-13, 2024
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