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

Authors: Thomas, Vernon G. | Kanstrup, Niels | Pain, Deborah J.

Article Type: Research Article

Abstract: Regulation (EU) 2021/57, banning the use of lead gunshot in wetland hunting, and adoption of the proposed European Union (EU) restriction on lead ammunition use by civilians in other types of hunting and target shooting, would complete the transition to non-lead ammunition use in the EU and ensure major compliance among hunters and shooters. The transition is possible since non-lead substitutes for all types of shotgun and rifle ammunition are produced already by leading European manufacturers. To ensure ammunition non-toxicity, EU standards are needed for lead substitutes to accompany both existing and potential future lead ammunition restrictions. Meat from wild …game birds and mammals is a large and important commodity in the EU. Setting a maximum lead level in all marketed game meats under Regulation (EC) 1881/2006, aided by mandatory food labelling, would add extra health protection to human consumers. This regulatory step would help ensure that all wild game destined for retail markets were taken with non-lead ammunition, would complement existing and proposed European Commission restrictions on lead hunting ammunition and aid monitoring and enforcement. Increased public awareness of the risks posed by lead from ammunition to the health of humans, wildlife, and the environment, and especially their associated externalized costs to society, would promote and facilitate the passage of regulation to protect human and environmental health from toxic lead ammunition. Show more

Keywords: Keywords Hunting, transition, compliance, human, wildlife, health, externalized costs

DOI: 10.3233/EPL-201068

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

Authors: Simanjuntak, Yoan Nursari

Article Type: Research Article

Abstract: This study analyzed the protection of Geographical Indications on Trademarks and Geographical Indications is regulated in Law Number 20 of 2016. However, as a communal right, Geographical Indications are quite unique. Not only the stages of the process, such as production process, organization, and quality assurance, are quite complex, but also their process requires key conditions, such as, the awareness and the willingness from the local community to protect the local Geographical Indications. When the idea of protecting Geographical Indications is met with resistance from the local community, the communal entitlement to the Geographical Indications needs to be questioned.

Keywords: Communal rights, community standpoint, legal protection, geographical indications

DOI: 10.3233/EPL-210001

Citation: Environmental Policy and Law, vol. Pre-press, no. Pre-press, pp. 1-12, 2021

Authors: Aminudin, Cecep | Fakhriah, Efa Laela | Nurlinda, Ida | Ikhwansyah, Isis

Article Type: Research Article

Abstract: In recent years, the precautionary principle has begun to enter legal decision-making in Indonesian civil courts. This introduction is in line with environmental cases that often involve much scientific evidence. This article aims to describe theoretical elaboration and, to a certain extent, legal developments in the application of the precautionary principle in the settlement of civil environmental cases in Indonesia. The precautionary principle provides a framework for environmental decision-making in the event of scientific uncertainty. The theoretical elaboration shows a wide dimension of influence of the precautionary principle on the system of liability and proof. In comparison, the court cases …also show the application of the precautionary principle in the liability system and proof despite still in its weak version. Show more

Keywords: Precautionary principle, civil cases, environment, scientific evidence, Indonesia

DOI: 10.3233/EPL-210017

Citation: Environmental Policy and Law, vol. Pre-press, no. Pre-press, pp. 1-9, 2021

Authors: Fajemirokun, Bola

Article Type: Research Article

Abstract: The 2030 Agenda for Sustainable Development incorporates 17 Sustainable Development Goals (SDGs). Goal 15 (SDG 15) focuses on terrestrial ecosystems. Regarding forests, it sets targets requiring signatories to promote the implementation of the sustainable management of all types of forests by 2020 and further mobilize significant resources from all sources to achieve sustainable forest management. The United Nations Strategic Plan for Forests 2017 – 2030 advances the vision of SDG 15. Nigeria’s high demographic growth rate has led to the surging demand for land to support settlements and farming. Coupled with extensive illegal or uncontrolled logging, the annual forest net …loss of 5% is one of the highest rates globally in percentage terms. This paper is a critical analysis of the policy-law interface of the forestry sector in Nigeria. It examines the country’s trajectory or state of preparedness for sustainable forest management, and it concludes that forestry policy and law in Nigeria must undergo urgent reforms so that the forest commitments such as those under SDG 15 and other regional and global instruments can be ultimately achieved. Show more

Keywords: Nigeria, sustainable development goals (SDGs), SDG 15, sustainable forest management, forestry policy, forestry law

DOI: 10.3233/EPL-201004

Citation: Environmental Policy and Law, vol. Pre-press, no. Pre-press, pp. 1-9, 2021

Authors: Morrison, Clare | Humphries, Fran | Lawson, Charles

Article Type: Research Article

Abstract: Countries are increasingly using access and benefit sharing (ABS) as a legal mechanism to support the conservation and sustainable use of the world’s biological diversity. ABS regulates collection and/or use of genetic resources/traditional knowledge and sharing benefits from their use with the provider. The purpose of this review is to assess the trends, biases and gaps of ABS literature using a regional comparative approach about the key topics of concern between each region. It analyses four key topic groupings: (1) implementation of international, regional and national ABS policy and law; (2) intellectual property and ABS; (3) traditional knowledge; and (4) …research, development and commercialisation. Findings included gaps in: (1) analysing effectiveness of national level implementation; (2) addressing apparent conflicts between support for intellectual property promoting exclusivity for traditional knowledge and challenges to intellectual property exclusivity for patents; (3) examining traditional knowledge of local communities (in contrast to Indigenous Peoples); and (4) lack of practical examples that quantify benefit sharing from research and commercialisation outcomes. We conclude that future research addressing the identified gaps and biases can promote more informed understanding among stakeholders about the ABS concept and whether it is capable of delivering concrete biological conservation, sustainable use and equity outcomes. Show more

Keywords: Access and benefit sharing, convention on biological diversity, traditional knowledge, biodiversity

DOI: 10.3233/EPL-201028

Citation: Environmental Policy and Law, vol. Pre-press, no. Pre-press, pp. 1-24, 2021

Authors: Damacena, Fernanda Dalla Libera

Article Type: Research Article

Abstract: The article examines to what extent the adverse effects of climate change can be considered triggering factors of public insecurity. Against this background, it explores the growing environmental conflicts involving water resources in Brazil, including the Amazon region. In addition to the introduction and conclusion, the paper is structured around three topics. The first one outlines how the concept of public security has evolved to the present state, in which climate change is taken into account. Next, climate change is discussed as a factor that magnifies vulnerabilities, an argument supported by a discussion of historical events. The third topic highlights …the main threats, vulnerabilities and conflicts involving water resources in Brazil, taking a scientific view of systemic risks and precaution. Finally, we propose rethinking the concept of public security in Brazil from a perspective of parameters involving regulations, principles and state initiative. The article suggests that the immediate and future effects of climate change do have a profound impact on social systems and on the environment, and may be a triggering factor of public insecurity. If institutions and governments do not address existing effects, and invest in adaptations to meet future scientific forecasts on climate change, social stability and the development of a culture of peace will be less likely in Brazil. A fundamental step in this process is the reformulation of the conventional concept of public security in the Brazilian legislation, in order to expressly incorporate the variable of climate security among its stated objectives. In addition, we point out a set of actions and principles with the potentital to promote not only adaptation and resilience, but also contribute to building peace. In terms of methodology, the study is descriptive, exploratory, legislative, bibliographical and documentary. Show more

Keywords: Climate change, environmental conflicts, water resources, public security, law

DOI: 10.3233/EPL-201040

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

Authors: Hananto, Pulung Widhi Hari | Trihastuti, Nanik | Muhammad Rizki, Dzulfiki | Bismono, Ramadhan Catur

Article Type: Research Article

Abstract: Indonesia is known as a rich country with its forests and various biodiversity. In regard to the issue of forest use and management in Indonesia, there are always pros and cons in how to manage the forest properly. To support the economic sector in Indonesia, the government always optimizes forest functions and clearing forests for the business sector. In practice, Indonesia implements soil-rent theory, which triggers polemics because there is friction with sustainable development goals (SDG). This article is using normative research method. Later on, this article will discuss the gap between the rent soil theory and sustainable development goals …(SDGs) with the comprehensively approach to environmental law. Show more

Keywords: Rent-soil theory, sustainable developments goals (SDGs), environment law

DOI: 10.3233/EPL-201046

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

Authors: Le Teno, Sandrine | Frison, Christine

Article Type: Research Article

Abstract: Climate change has increasing visible effects on the environment, particularly in the Arctic, where the sea-ice melted faster in 2020 than any time before. It directly threatens the Inuit people’s survival, whose livelihood is mainly based on traditional modes of subsistence (hunting, fishing and gathering). In light of the environmental crisis, this paper carries out a critical analysis of the Nunavut (Canada) legal framework, granting Inuit specific rights regarding their traditional way of life. While recognizing that this framework implements international human rights legal standards, we argue that the human right lens presents limitations in addressing climate change impacts on …Inuit livelihood. By acknowledging the developments following the adoption of the United Nations Declarations on the Rights of Indigenous Peoples and on the Rights of Peasants and Other Peoples Living in Rural Areas, leading to the recognition of some collective rights to communities and people living of the land, we address the gaps of human rights –which are mainly individual –to reflect the importance of recognizing collective rights in the adaptation to the global climate change challenge. Indeed, the paper argues for the necessity to recognize the community level in the climate international governance scene. Human Rights –Inuit –United Nations Declaration on the Rights of Indigenous Peoples –Indigenous Rights –Climate Change –Collective rights –United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas –Nunavut Land Claim Agreement. Show more

DOI: 10.3233/EPL-201067

Citation: Environmental Policy and Law, vol. Pre-press, no. Pre-press, pp. 1-12, 2021

Authors: Nayak, Shailesh

Article Type: Research Article

Abstract: The increasing pollution in oceans, especially of the plastics litter, has degraded health of the oceans in many parts of the world. As plastic degrade very slowly, its accumulation in oceans expected to rise exponentially in coming decades and critically affect marine ecosystems, ocean fauna and humans. Microplastics, generated due to mechanical breakdown of plastic waste, is particularly affecting the pelagic ecosystems and can even alter them. It is necessary to generate and update scientific knowledge about production, transport, sink of plastics and their impacts, develop innovative approaches to manage plastic waste, and bringing awareness about effects of plastic pollution …to communities. The issue of plastic pollution needs be tackled at local as well as regional levels through effective policy and multi-national cooperation. Show more

Keywords: Marine plastics, microplastics, ecosystem impacts, waste management, communication.

DOI: 10.3233/EPL-210048

Citation: Environmental Policy and Law, vol. Pre-press, no. Pre-press, pp. 1-4, 2021

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