Environmental Policy and Law - Volume Pre-press, issue Pre-press

Authors: Astriani, Nadia | Rubiati, Betty | Adharani, Yulinda | Afifah, Siti Sarah | Salsabila, Rewita | Diffa, Rizkia

Article Type: Research Article

Abstract: Indonesia has enough access to freshwater resources of the planet. However, uneven distribution together with mediocre water management and a lack of water infrastructures make a significant number of households in this country have inadequate access to safe water. This becomes big issues, because the provision of safe water, sanitation and hygienic conditions are essential to protect human health and save humanity during the Covid-19 pandemic. When this article was written, COVID-19 patients who were confirmed to be infected were in all Indonesian provinces, with the largest numbers of patients located in Java. The purpose of this study is to …determine the efforts of the Indonesian government to fulfill its responsibilities in fulfilling clean water during a pandemic. The study collects all regulations and policies concerning clean water and an analyses them using doctrinal method. The result of the study shows that although there are enough regulations governing the use of clean water, they have not resolved the problem of clean water fulfillment. In overcoming water needs during the pandemic, the Indonesian government did not make additional efforts other than those previously planned in the Strategic Plan of the Ministry of Public Works and Housing. The disruption of the economy has an impact on state finance, causing the government to refocus budgeting. As a result, many programs related to clean water are postponed. This minimum effort by government is neglecting its responsibility in fulfilling the right to water. The government must emulate how to fulfill the needs for water during the pandemic from other countries and using this situation to fix the problem of clean water in Indonesia Show more

Keywords: Indonesia, clean water, COVID-19

DOI: 10.3233/EPL-201044

Citation: Environmental Policy and Law, vol. Pre-press, no. Pre-press, pp. 1-16, 2021

Authors: Othman, Adillah | Ariffin, Mariani | Johari, Wan Lutfi Wan

Article Type: Research Article

Abstract: Active Pharmaceutical Ingredients (APIs) are the ingredients in pharmaceutical, personal care products, and agriculture that are biologically active, causing detrimental effects to humans and the environment. The detection of pharmaceutical contaminants in Malaysian rivers suggests a high risk for the contaminants to reach tap water since the river is the primary source of water intake points for all drinking water treatment plants and the inability of these plants to treat emerging pollutants like the APIs. In response to the issue, this study aims to evaluate selected documents on the characteristics and properties of pharmaceutical contaminants that are harmful and examine …how the Malaysian legislative framework could prevent the contaminants in tap water. A systematic search was carried out on selected pharmaceutical-related documents, and content analysis was conducted to discover patterns and ideas within the selected documents. The finding of this study demonstrates that Malaysian legislative framework has the capacity and capability to carry out a risk mitigation on APIs as well as the insertion of selected types of pharmaceutical contaminants as new parameters. This study’s findings provide insights for the improvement of the Malaysian legislative framework against the potential risks of APIs contamination of our tap water. Show more

Keywords: Malaysia law, pharmaceutical residue, medical waste, clinical waste, multi-barrier approach

DOI: 10.3233/EPL-201041

Citation: Environmental Policy and Law, vol. Pre-press, no. Pre-press, pp. 1-8, 2021

Authors: Richardson, Benjamin | Hamaski, Nina

Article Type: Research Article

Abstract: The rights-of-nature model is gaining traction as an innovative legal approach for nature conservation. Although adopted in several countries, it remains in its infancy, including in Australia. An important research question is whether rights of nature will offer superior environmental outcomes compared to traditional nature conservation techniques including creation of protected areas. This article investigates that question through a case study of the Tarkine wilderness, in the Australia state of Tasmania. It first identifies key lessons from existing international experience with affirmation of rights of nature, such as in New Zealand and Ecuador. The article then explores how rights of …nature could apply in Australia’s Tarkine region and their value compared to existing or potential protected areas and other nature conservation measures under Australian or Tasmanian law. Affirming rights of nature represents a major conceptual shift in how people via the law relate to the natural world, but whether the model offers practical benefits for nature conservation depends on a variety of conditions, in addition to the need to address broader societal drivers of environmentaldegradation. Show more

Keywords: Rights of nature, Australia, wilderness, nature conservation

DOI: 10.3233/EPL-201066

Citation: Environmental Policy and Law, vol. Pre-press, no. Pre-press, pp. 1-15, 2021

Authors: Bagai, Atul | Henam, Sonia Devi

Article Type: Research Article

Abstract: Plastic pollution has become a major environmental concern around the world due to the rapidly increasing production, consumption of single-use plastic products, and our inability to manage it properly. Plastic production increased exponentially, from about 2 million metric tonnes in 1950 to 348 million metric tonnes in 2017, and it is expected to double in capacity yet again by 2040. However, only 9 percent of the 8.3 billion metric tonnes of plastic produced since the early 1950s, has been recycled, and that most plastic ends its life in landfills, dumps and the environment is an increasing cause of concern. Plastic …pollution is a major challenge in developing nations like India, where garbage collection systems are often informal with low recycling rates. The COVID 19 pandemic has exacerbated the use of plastic through personal protective equipments (PPEs). Management of this biomedical plastic waste is an addition to this existing challenge. Tackling plastic pollution is high up on UNEP’s global agenda to enhance the political visibility of this concern, UNEP along with the Government of India designated it as the theme of World Environment Day 2018. UNEP also provides technical assistance through its partners to support India towards its national and sub-national initiatives. This paper highlights the magnitude of the problem and the role UNEP is playing in addressing some concerns. Show more

Keywords: Plastic pollution, single used plastics, marine litter, waste management, COVID 19, biomedical plastic waste, circular economy, EPR, UNEP

DOI: 10.3233/EPL-201069

Citation: Environmental Policy and Law, vol. Pre-press, no. Pre-press, pp. 1-5, 2021

Authors: Desai, Bharat H.

Article Type: Research Article

Abstract: This chapter seeks to place under scanner the role of international courts and tribunals (ICTs) as important agents for the peaceful settlement of international disputes through the instrumentality of law. The rapid upswing in the number of specialized international courts and tribunals (in areas such as trade, human rights, law of the sea, criminal justice and environment) can be perceived as an attempt by the sovereign states to maintain viability of the ICTs in light of perplexity in international relations, growing recognition of peaceful co-existence, quest for institutionalized cooperation and emergence of some of the ‘Common Concerns of Humankind’ and …the ‘Duty to Cooperate’. It has sought to make sense of emergence of ICTs as the ‘New Environmental Sentinels’. Do we need a specialized International Environmental Court (IEC) as an ‘ideal’? What does it portend for our common future? Show more

Keywords: International courts & tribunals, peaceful settlement of international disputes, common concerns of humankind, duty to cooperate, new environmental sentinels, international environmental court

DOI: 10.3233/EPL-219013

Citation: Environmental Policy and Law, vol. Pre-press, no. Pre-press, pp. 1-14, 2021

Authors: Ruppel, Oliver C.

Article Type: Research Article

Abstract: This article examines –from an international law perspective –the interface between soil protection, land degradation neutrality, food security, climate governance and trade in agriculture. Although these different spheres are most often viewed in isolation, an attempt is made to analyse them more holistically with the aim of identifying the connectedness for the purpose of finding some strategies for a better common future.

Keywords: Soil protection, land degradation neutrality, food security, climate governance, mitigation, supply chain, trade in agriculture, world trade law

DOI: 10.3233/EPL-219007

Citation: Environmental Policy and Law, vol. Pre-press, no. Pre-press, pp. 1-17, 2021

Authors: Sundström, Anna

Article Type: Research Article

Abstract: Olof Palme, the former Prime Minister of Sweden, underlined the importance of a firm global response to the growing environmental crisis in his 06 June 1972 address to the first UN Conference on the Human Environment (UNCHE) held in Stockholm. He prophetically observed: “it is absolutely necessary that concerted, international action is undertaken . . . solutions will require far-reaching changes in attitudes and social structures”. Almost 50 years later, it is painfully clear that the necessary changes have not taken place and that time is now even more limited to make the necessary, far-reaching changes. How can the conclusions …from the Stockholm Conference and ideas envisioned by Olof Palme can guide us into a better common greener future? Show more

Keywords: Stockholm conference, stockholm + 50, olof palme’s vision, changes in attitudes and social structures, global environment

DOI: 10.3233/EPL-219009

Citation: Environmental Policy and Law, vol. Pre-press, no. Pre-press, pp. 1-8, 2021

Authors: Rose, Gregory

Article Type: Research Article

Abstract: Environmental law became global through the adoption of environmental treaties in the last quarter decade of the 20th century. Similarly, globalisation of criminal law accelerated when the Convention on Transnational Organised Crime 2000 (CTOC) deepened international legal cooperation between States to combat transnational crime. A protocol to the CTOC, complemented by voluntary guidelines and model legislation, could promote environmental crime harmonisation. This article argues that the time is right to bring together certain elements of international environmental and transnational criminal law.

Keywords: Protocol on transnational environmental crime, international environmental and transnational criminal law

DOI: 10.3233/EPL-219008

Citation: Environmental Policy and Law, vol. Pre-press, no. Pre-press, pp. 1-6, 2021

Authors: Desai, Bharat H.

Article Type: Research Article

Abstract: Reviving the United Nations Trusteeship Council (UNTC) and the evolution of the idea of trust in the global domain underscores that there are places, territories, and areas known as ‘global commons’ that require special and careful nurturing. The TC under the UN Charter sought to continue the spirit and essence of the ‘sacred trust’ with a ‘new mandate,’ even as it now lies dormant since 1994. From a scholarly perspective, such a move eminently makes sense since it could bring to life an entity within the UN. It will essentially serve as a guardian of …the global ‘common concerns’ and ‘common heritage of mankind’ as well as the global environment. It would serve as a trustee for the present and future generations of humankind. A revived TC with a new mandate (for the environment and the global commons) could strengthen the UN and vindicate one of the core purposes for which the ‘United Nations’ came together (in 1945) with a solemn resolve “to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained” Show more

Keywords: United nations, trusteeship council, sacred trust, global environment, new mandate, common concerns, global commons

DOI: 10.3233/EPL-219011

Citation: Environmental Policy and Law, vol. Pre-press, no. Pre-press, pp. 1-13, 2021

Authors: Fauchald, Ole Kristian

Article Type: Research Article

Abstract: This chapter seeks to focus on ‘peacebuilding’ as a construct of peace among groups that have previously been in conflict. This calls for moving beyond peacemaking and conflict resolution to consider the longer-term efforts at establishing sustainable peace. Notwithstanding the longstanding efforts of UNEP’s Post-Conflict and Disaster Management Branch, there has been very limited development of international normative and institutional structures targeting the process of post-conflict sustainable peacebuilding. How far the current international environmental governance (IEG) regimes are responsive to the specific challenges to post-conflict situations? It seeks to briefly consider four key aspects of IEG regimes: (i) Ad- hoc …and subject specific (ii) Incremental and facilitative (iii) Degree of reciprocity and (iv) Science-based. Show more

Keywords: Peacebuilding, post-conflict situations, international environmental governance

DOI: 10.3233/EPL-219010

Citation: Environmental Policy and Law, vol. Pre-press, no. Pre-press, pp. 1-5, 2021