Environmental Policy and Law - Volume 54, issue 2-3

Authors: Desai, Bharat H.

Article Type: Editorial

DOI: 10.3233/EPL-239032

Citation: Environmental Policy and Law, vol. 54, no. 2-3, pp. 65-66, 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. 54, no. 2-3, pp. 67-78, 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. 54, no. 2-3, pp. 79-87, 2024

Authors: Espinosa Garcés, Maria Fernanda

Article Type: Research Article

Abstract: In the face of an escalating Anthropocene crisis characterized by climate change and the degradation of Earth’s systems, the necessity or a unified global governance framework is paramount. The United Nations, despite its central role in environmental governance and achievements such as the Paris Agreement and the Sustainable Development Goals, confronts significant challenges. These challenges include institutional fragmentation, coordination difficulties, and a gap in implementation, which pose obstacles to translating ambitious environmental goals into tangible outcomes. This paper argues that strategic revitalization and structural reforms are crucial for the UN to maintain its pivotal role in global environmental governance. It …proposes specific measures to enhance the UN’s effectiveness in environmental governance, including transforming the United Nations Environment Program into a Global Environmental Agency, establishing a regulatory framework to improve coordination among Multilateral Environmental Agreements, upgrading the Global Environment Facility, emphasizing environmental stewardship and repurpose of the UN Trusteeship Council. These recommendations aim to address the current institutional challenges and pave the way for more effective global environmental governance. Show more

Keywords: United Nations, global commons, global environment, multilateralism, UN reform, UNEP, UN Trusteeship Council

DOI: 10.3233/EPL-239027

Citation: Environmental Policy and Law, vol. 54, no. 2-3, pp. 89-100, 2024

Authors: Bosselmann, Klaus

Article Type: Research Article

Abstract: Most legal systems recognize trusteeship functions of individuals or institutions to act on behalf and in the interest of those who cannot legally act for themselves. They can be advanced for the effective protection of future generations and the Earth. Guidance for Earth Trusteeship exist in the form of two agreements created by global civil society, the 2000 Earth Charter and the 2018 Hague Principles. Current opportunities include the UN Secretary General’s call for “repurposing the Trusteeship Council”, the UN Summit of the Future and ongoing developments in many countries towards implementing ecological integrity and rights of nature into their …legal systems. Show more

Keywords: Earth Charter, Earth system, Earth trusteeship, ecological Integrity, Hague Principles, ownership, State sovereignty, fiduciary duties

DOI: 10.3233/EPL-239030

Citation: Environmental Policy and Law, vol. 54, no. 2-3, pp. 101-110, 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 negotiorum 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. 54, no. 2-3, pp. 111-116, 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. 54, no. 2-3, pp. 117-126, 2024

Authors: Popovski, Vesselin

Article Type: Research Article

Abstract: Climate change is the greatest existential challenge for the humanity and this makes the implementation of the SDG 13 ‘Climate Action’ and Paris Agreement on Climate Change crucial for our survival. This article begins by elaborating the concept of implementation of international law, makes a comparison between the legal character of the Paris Agreement on Climate Change and the SDGs. It argues that the Paris Agreement creates the necessary legal framework, transparency, technology transfer, accountability, capacity building, financing and other mechanisms to implement SDG 13. However, the lack of political will and ignorance by some governments has led to a …lack of progress, which may jeopardize not only Climate Action, but other SDGs too. The article ends with the argument that UN member-states should undertake urgent action to mitigate climate change, adapt to its negative consequences and co-operate towards an effective global climate governance, and for that matter it would be helpful, if climate action is formulated as a new and separate purpose in the UN Charter. Show more

Keywords: Climate change, implementation, international law, Paris Agreement, SDG 13, global governance, UN charter, existential crisis

DOI: 10.3233/EPL-239025

Citation: Environmental Policy and Law, vol. 54, no. 2-3, pp. 127-139, 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. 54, no. 2-3, pp. 141-153, 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. 54, no. 2-3, pp. 155-187, 2024

Authors: Macrory, Richard

Article Type: Research Article

Abstract:  The British Office for Environmental Protection was established in 2021 following the United Kingdom’s departure from the European Union. It is the most recent of just a handful of independent environmental watchdog bodies established in global jurisdictions to date, and has a broad range of powers. These include the evaluation of government policy, advice to government on new environmental law, reviewing the implementation of environmental law, and enforcement powers against government and other public bodies for breaches of environmental duties. The need for such bodies in the environmental field is important, and the Office for Environmental Protection may provide a …useful model for other countries. Show more

Keywords: Independent environmental watchdog, Brexit and the environment, Enforcement of environmental law, Implementation of environmental law

DOI: 10.3233/EPL-239031

Citation: Environmental Policy and Law, vol. 54, no. 2-3, pp. 189-200, 2024