Environmental Policy and Law - Volume 53, issue 4

Authors: Desai, Bharat H.

Article Type: Other

DOI: 10.3233/EPL-239010

Citation: Environmental Policy and Law, vol. 53, no. 4, pp. 219-219, 2023

Authors: Desai, Bharat H.

Article Type: Research Article

Abstract: As a plenary organ of the UN, the General Assembly has invoked its principal instrumentality of resolutions to address a variety of global problems. The mirage of being called “recommendations” (Article 11, the UN Charter) has never come in the way of finesse with which the Assembly has invoked its resolutions to zero in on contemporary common concerns. The 2030 Sustainable Development Goals (SDGs) adopted by resolution 70/1 (September 25, 2015) has been one such major global action plan that became a milestone in a long line of engagements that have also carried the normative halo. Now at the mid-way …to the 15-year cycle (2015–2030), the performance assessment on 17 Goals shows that the promise of leaving “no one behind” is in peril. In view of the reality of the world we live in and multiple interconnected planetary scale crisis situations, the UN member states have floundered in giving effect to the promises laid down in the 17 Goals of the 2030 Agenda. The UN Secretary-General’s report (April 27, 2023) has called for a resolute rescue plan for people and planet. The progress came to be reviewed at the SDG Summit convened by the UNGA President during September 18-19, 2023. The available data (Revised Zero Draft of June 8, 2023), underscored the gravity of the peril faced by the humankind since, out of 140 targets, “only about 12 per cent are on track; more than half, although showing some progress, are moderately or severely off track; and some 30 per cent have either seen no movement or regressed below the 2015 baseline”. The Political Declaration adopted at the New York SDG Summit coinciding with the meeting of the High-Level Political Forum, sought to work out a rescue plan considering the UNSG’s stimulus plan and taken the “pledge to act now, for present and future generations”. This article examines the process, the promise, the pledge and the rescue plan for the SDGs in peril. Show more

Keywords: UN General Assembly, High-Level Political Forum, SDG Summit, sustainable development goals, Agenda 2030, rescue plan, SDG Stimulus, Political Declaration

DOI: 10.3233/EPL-239006

Citation: Environmental Policy and Law, vol. 53, no. 4, pp. 221-231, 2023

Authors: Iyer-Raniga, Usha | Gajanayake, Akvan | Ho, Oanh Thi-Kieu

Article Type: Research Article

Abstract: The construction industry significantly impacts the built environment throughout its lifecycle from design, construction, operation to end-of-life considerations and decisions. In Australia, the industry generates almost 3 tonnes of waste per-capita, and this is expected to increase in the near future based on past trends. This paper focuses on understanding and analysing the various jurisdictional policy frameworks across Australia to support circular transitions in the built environment. Policy and regulatory leadership can enable and support grounding circular economy practices at national and state levels. The analysis found that circular economy frameworks rely heavily on recovery and recycling of construction waste, …while there is minimal focus on designing out waste. This highlights that waste elimination within the policy setting is viewed as an end-of-pipe solution of minimising waste to landfill rather than a design led strategy. The focus on recycling within circular economy policies can led to public misconceptions about circularity, which can be a major barrier if systemic transitions are to be achieved. Show more

Keywords: Built environment, circular economy, construction and demolition waste, regulatory analysis, sustainable governance

DOI: 10.3233/EPL-220073

Citation: Environmental Policy and Law, vol. 53, no. 4, pp. 233-246, 2023

Authors: Li, Feiyue | Lo, Vai Io | He, Yuxing

Article Type: Research Article

Abstract: Low-carbon consumption is inevitable for international societies to respond to reduce global warming because it restricts the generation of carbon emissions from the consumer’s side. The consumption behaviours of Chinese consumers are identified as having high level of waste, excessive energy demand, lack of awareness and unreasonable consumption. These high-carbon consumption behaviours should be subject to effective regulatory measures imposed by the Chinese government. This article explores the current policies and practices of China in promoting low-carbon consumption and suggests the Chinese government make clearer rules and standards for the labelling and public procurement of low-carbon products and service expand …low-carbon development pilot programs in China and strengthen the education of Chinese consumers. Show more

Keywords: Low-carbon consumption, global warming, consumer policy in China, carbon emission, carbon labelling, public procurement, pilot programs

DOI: 10.3233/EPL-230010

Citation: Environmental Policy and Law, vol. 53, no. 4, pp. 247-258, 2023

Authors: Gbadegesin, Opeyemi Adewale

Article Type: Research Article

Abstract: Artificial intelligence (AI) applications and machine learning models have extended beyond merely solving computer-related problems to tackle environmental sustainability issues. One such case is countermanding the demand and supply of illegal forest and wildlife products. In Nigeria, the challenges of improving its ability to combat the high rate of wildlife and forest crimes within its borders remain daunting. Despite existing laws, Nigeria remains both a source and a key intermediary for wildlife smuggling and crimes involving protected species. This paper analyses the potential of AI as a tool for strengthening the existing legal framework on wildlife crimes in Nigeria. The …findings of this paper demonstrate that the current framework for preventing forest and wildlife crime is being breached due to a lack of resources available to enforcement authorities. Thus, leveraging AI’s potential presents innovative solutions to strengthen compliance with these laws. Show more

Keywords: Artificial intelligence, wildlife, forest crimes, leveraging AI, improved compliance, Nigeria

DOI: 10.3233/EPL-230011

Citation: Environmental Policy and Law, vol. 53, no. 4, pp. 259-274, 2023

Authors: Müllerová, Hana | Balounová, Eva | Ruppel, Oliver C. | Houston, Larissa Jane H.

Article Type: Research Article

Abstract:  This article focuses on the concept of just transition, which has recently greatly expanded in the climate debate, expressing the demand to adopt and implement climate policies leading to decarbonisation in a way that maintains equity and justice. Building on previous research on the concept of just transition in other disciplines of social sciences, and on the concept’s appearance in international climate law instruments and law literature, we analyse the just transition in the field of law. We seek to clarify its conceptual framing, to define its meaning, and to determine its position and limits in law. We then examine …it vertically (for each level of law) and horizontally, addressing the main criteria that define its content, i.e., human rights and legal principles. Show more

Keywords: Climate change, just transition, law, human rights, law principles

DOI: 10.3233/EPL-230012

Citation: Environmental Policy and Law, vol. 53, no. 4, pp. 275-288, 2023

Authors: Rohmy, Atikah Mardhiya | Nihayaty, Arini Indah

Article Type: Research Article

Abstract: This study examines green economy policies in relation to Indonesia’s digital transformation of forest management. It employs the normative juridical approach as well as the primary and secondary sources of legal materials. It demonstrates that the digital transformation policies of forest managements are implemented to reduce climate change and facilitate a green economy. The green economy approach underscores that sustainable development is premised upon improving human wellbeing and social equality considering environmental concerns. The instrumental theory uses a backward-looking approach and the substantive theory uses a forward-looking approach. The later adjusts to technological developments and protects interests disrupted by them. …Hence, it can be used in making forestry digital transformation policies. Furthermore, the application of the legal theory of development exhibits the absolute and crucial importance of the digital transformation policies as a way of advancing forest management, community participation policies as well as transparency in environmental and forest management. They call for a holistic, all-encompassing, and interdisciplinary approaches. In view of this, this study presents novelty in the forestry-related digital transformation policies, which aim at lessening the harm to forests and ecosystems and the planet. Show more

Keywords: Green economy, policy, forestry, digital transformation

DOI: 10.3233/EPL-230026

Citation: Environmental Policy and Law, vol. 53, no. 4, pp. 289-302, 2023