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

Authors: Rosencranz, Armin | Jamwal, Kanika

Article Type: Other

Abstract: This article argues that the UN Framework Convention on Climate Change (UNFCCC)’s conception of common but differentiated responsibilities and respective capabilities (CBDRRC) was never effectively implemented through the Kyoto Protocol. The investments under the Kyoto Protocol’s Clean Development Mechanism suggest that CBDRRC has been used by developed countries to buy a “right to pollute”, i.e. , maintaining or even increasing their greenhouse gas emissions, while investing in clean energy in developing nations, thus defeating the essence of CBDRRC as intended under the UNFCCC. Second, it points out that the Paris Agreement reflects a significant shift in the CBDRRC, both …in terms of its textual understanding as well as its implementation. A qualifier, “in the light of national circumstances”, was added to the principle of CBDRRC in the Paris Agreement, allowing a form of voluntary self-differentiation. This qualifier diluted a top-down, objective analysis of States’ commitments. For several scholars, this shift has meant a softening of the principle, making the “differentiation” more dynamic and flexible. In the authors’ opinion, the qualifier is a fundamental modification of the principle to make it politically more palatable. It completely disregards the notion of historical responsibility for climate change, which was the cornerstone of CBDRRC as conceived under the UNFCCC. Therefore, rather than presenting a more flexible understanding of UNFCCC’s conception of CBDRRC, the Paris Agreement marks a total departure from it. Lacking an explicit redefinition of the principle of CBDRRC, it is misleading to contend that the Paris Agreement is still anchored in it. Show more

Keywords: Clean Development Mechanism (CDM), climate change, common but differentiated responsibilities and respective capabilities (cbdrrc), kyoto protocol to the unfccc, paris agreement, self-differentiation, Un Framework Convention on Climate Change (UNFCCC)

DOI: 10.3233/EPL-200231

Citation: Environmental Policy and Law, vol. Pre-press, no. Pre-press, pp. 1-7, 2021

Authors: Cassotta, Sandra | Cueva, Vladimir Pacheco | Raftopoulos, Malayna

Article Type: Other

Abstract: Using the Carmichael coal mine as a case study, this paper explores and analyses the current challenges and potentials of the Australian regulatory framework in designing policies that balance the direct local economic benefits with global environmental concerns and a global common vision about how to manage mining development and energy security challenges. In this effort, it evaluates the current Australian regulatory framework for mining projects, based on two hypotheses: 1) the development of large-scale mining energy projects linked to fossil-fuel resources creates legal challenges; 2) these legal challenges should be analysed in an interdisciplinary approach from both local and …global perspectives on law, economics and socio-politics. Show more

Keywords: Mining regulation, Australia, energy, indigenous peoples, tax

DOI: 10.3233/EPL-200238

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

Authors: Nugraha, Adrian | Febrian, | Chen, Robert Lihtorng

Article Type: Research Article

Abstract: This study aims to analyze the progress and issues of Indonesia’s marine protected area establishment and control. It addresses the legal framework and issues, such as unclear mandates, lack of coordination, and local stakeholders’ involvement in their establishment and control. The legal framework discussion aims to explain the complicated issues of the new Local Government Act promulgation. Furthermore, it provides alternative solutions through amending several provisions of the new Local Government Act associated with marine and coastal control. Firstly, inserting provisions regarding the Archipelagic County. Secondly, altering several articles related to the authority to manage marine resources. Thirdly, inserting provisions …related to the jurisdiction of the Central Government in determining the classification and categorization of marine resource management. Fourthly, amending the articles in the new Local Government Act related to foreign affairs arrangement in the border area. In addition, this article concluded that a proper legal framework encourages sustainable marine and coastal management. Show more

Keywords: Conservation, control, decentralization, government, legal framework, marine protected areas

DOI: 10.3233/EPL-201029

Citation: Environmental Policy and Law, vol. Pre-press, no. Pre-press, pp. 1-8, 2020

Authors: Abdulrahman, Salam Abdulqadir

Article Type: Research Article

Abstract: Iraqi Kurdistan Region (IKR) has more water resources than the rest of Iraq to the point that it can be water sufficient if water resources are well managed, nevertheless these resources are currently facing depletion and they are increasingly polluted. This paper reviews water use practice in IKR and its existing laws on water from the sustainability angle. It finds that the current practice of water use is devastating to water sustainability and that the laws need further improvement and better enforcement on the ground.

Keywords: Iraqi kurdistan region, water, sustainability, law, practice

DOI: 10.3233/EPL-201011

Citation: Environmental Policy and Law, vol. Pre-press, no. Pre-press, pp. 1-11, 2020

Authors: Lopez Porras, Gabriel

Article Type: Research Article

Abstract: Despite international efforts to stop dryland degradation and expansion, current dryland pathways are predicted to result in large-scale migration, growing poverty and famine, and increasing climate change, land degradation, conflicts and water scarcity. Earth system science has played a key role in analysing dryland problems, and has been even incorporated in global assessments such as the ones made by the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services. However, policies addressing dryland degradation, like the ‘Mexican programme for the promotion of sustainable land management’, do not embrace an Earth system perspective, so they do not consider the complexity and non-linearity …that underlie dryland problems. By exploring how this Mexican programme could integrate the Earth system perspective, this paper discusses how ’Earth system’ policies could better address dryland degradation and expansion in the Anthropocene. Show more

DOI: 10.3233/EPL-201024

Citation: Environmental Policy and Law, vol. Pre-press, no. Pre-press, pp. 1-4, 2020

Authors: Dung, Mai Thanh | Khoa, Nguyen Minh | Thi Thu Huong, Phan

Article Type: Research Article

Abstract: The need for sustainable development underscores the role and importance of integrating environmental concerns in non-environmental policies because it is evident that environmental regulations only are insufficient to manage all environmental issues. Law enforcement on environmental protection in Vietnam clearly demonstrates this situation. Vietnam’s legal system of environmental protection is incompatible or overlapped with other sectoral laws and in fact many environmental matters have been implemented in accordance with sectoral laws while disregarding environmental considerations due to the lack of specific and explicit environmental provisions or requirements in sectoral laws and regulations. From that situation, the paper emphasizes the need …to integrate environmental protection requirements into the sectoral laws of Vietnam and proposes some fundamental criteria and procedures to integrate environmental requirements into sectoral laws. Show more

Keywords: Integrating environmental protection requirements, sectoral legal systems, environmental policy integration, sustainable development

DOI: 10.3233/EPL-201010

Citation: Environmental Policy and Law, vol. Pre-press, no. Pre-press, pp. 1-9, 2020