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

Authors: Pham, Hanh Hong | Van Vu, Tuan

Article Type: Research Article

Abstract: The current political tension among developed states and developing nations regarding the exploration, exploitation, benefit-sharing, and conservation of marine genetic resources (MRGs) in ungoverned areas beyond national jurisdiction (ABNJ) requires a new marine, regulative regime, which is considered as the premise for the creation of the international consensus of promulgating the ‘Common Heritage of Mankind’ principle (CHM). This study employed desk research methods to synthesize, compare, and analyze UNCLOS (1982), Nagoya Protocol (2014), ongoing ILBI sessions, and other recent studies to figure out the regulatory gap within the Law of the Sea under UNCLOS. By carefully generalizing and scrutinizing the …documentation, the study strongly emphasizes the necessity to implement the CHM principle in ABNJ instead of promoting the concept of ‘first come, first served’ basis for the sake of the equitable sharing of benefits, and the conservation of MGRs in ABNJ for the current and future generations. The study also provides the connotations of CHM principle, which serves theoretical basis for some marine management approaches. Consequently, these perspectives stem from a representative developing state with a long coastal line –Vietnam. The general, theoretical, and practical viewpoints would significantly contribute to current and future international law-making process with respect to the formulation of a new legal marine regime for regulating the exploitation, equitable access, and conservation of MGRs in ABNJ according to the ideal concept of CHM principle thereof. Show more

Keywords: Common heritage of mankind, conservation, marine generic resources, areas beyond national jurisdiction, international legally binding instrument

DOI: 10.3233/EPL-220041

Citation: Environmental Policy and Law, vol. Pre-press, no. Pre-press, pp. 1-11, 2022

Authors: Pramudianto, Andreas | Saiya, Halvina Grasela | Pramesi, Pulina Nityakanti | Muchtar, Farah Syuraih

Article Type: Research Article

Abstract: Coral reefs need strong management and protection efforts. However, public awareness and legal instruments concerning coral reefs are still insufficient. An ecosystem service model perspective is needed for the optimum management of that ecosystem. This study examined the relationship between ecosystem services management in international, national and local environmental laws and the coral reef ecosystem. An analytical descriptive qualitative method with the environmental services model and statutory regulation approaches was used. The researcher found a good relationship between the ecosystem services management in the international, national and local environmental laws and the policy planning concerning the sustainable development of the …coral reef ecosystem. However, not all of the existing regulations support the environmental services model. It is because the regulatory framework is not complete, and existing norms do not support the efforts to improve people’s welfare. Show more

Keywords: Coral reef, environmental law, ecosystem services model, sustainability

DOI: 10.3233/EPL-210129

Citation: Environmental Policy and Law, vol. Pre-press, no. Pre-press, pp. 1-15, 2022

Authors: Poto, Margherita Paola | Murray, Emily Margaret

Article Type: Research Article

Abstract: The complex sustainability challenges of the 21st century need to be addressed through integrated interdisciplinary approaches, combining science, law, and ethics with concrete, timely, and effective solutions. This study offers a legal framework and a case study to the needs posited by the Agenda 2030 on sustainable development. Starting from an analysis of the first part of the Agenda, the article unfolds by exploring the possibility of defining environmental compliance through environmental responsibility, environmental duties, and the virtuous case of agroecology. The case study focuses on a climate-smart practice applied to the sea and delves into the environmental, nutritional, and …health benefits of the marine biomass from Northern Norway. The theoretical framework and the case study will emphasize the importance of systemic approaches to sustainability for putting integral ecology models into action. Show more

Keywords: Sustainable development goals, environmental responsibility, deep ecology, agroecology, Agenda 2030, climate-smart practice

DOI: 10.3233/EPL-220039

Citation: Environmental Policy and Law, vol. Pre-press, no. Pre-press, pp. 1-14, 2022

Authors: Ngwome, Gideon Fosoh

Article Type: Research Article

Abstract: This article builds a case in favour of using carbon tax as a cost-effective tool for regulating greenhouse gas (GHG) emissions as part of the climate change mitigation solution in terms of discouraging further GHG emission. Drawing on existing primary and secondary data, the article makes an assessment of the Cameroon’s legal environment for the design and implementation of carbon tax and articulates on the prospects and challenges of designing and implementing it. The article postulates that in spite of the promising opportunities that carbon tax offers for regulating GHG emissions, the potentials of this climate-smart fiscal policy tool has …not yet been explored within the framework of climate governance in Cameroon. The article finds that while the spirit of carbon tax is underpinned by relevant environmental law principles, there is a timid legal framework both at the international and national levels for using carbon to regulate GHG emissions in Cameroon. The article concludes with a recommendation of the strong need for Cameroon to introduce a carbon-tax system as one of the cost-effective measures to reduce the country’s GHG emissions by adopting a carbon tax legal instrument designed specifically to target major GHG emitters across dozens of economic sectors. Show more

Keywords: Cameroon, carbon tax, framework, greenhouse gas emissions, legal, regulating, etc

DOI: 10.3233/EPL-220002

Citation: Environmental Policy and Law, vol. Pre-press, no. Pre-press, pp. 1-16, 2022

Authors: Razzaghi Asl, Sina

Article Type: Research Article

Abstract: Green roofs provide multiple benefits to households and urban neighbourhoods by lowering temperatures, reducing energy costs, and reducing stormwater runoff. However, green roofs are expensive and may not be available to all residents, which raises questions about who benefits from green roofs and urban policies that support this technology. Policies to support different social groups’ access to this green infrastructure is important for achieving equity. This study aims to identify and analyze to what extent existing different rooftop greening incentives and mandatory policies in three American cities, including New York, Chicago, and Philadelphia, address environmental justice. Nine policies were analyzed …from three cities based on three dimensions of environmental justice. The results show that all policies have neglected a degree of distributional, recognitional, and procedural environmental justice in their policies. Although incentives try to advance distributional justice by implementing green roofs in different parts of the city, these policies do not pay enough attention to support themes such as zoning, size, rental status, land value, and affordability in all urban areas. Show more

Keywords: Green roof, environmental justice, green infrastructure, urban policy

DOI: 10.3233/EPL-220015

Citation: Environmental Policy and Law, vol. Pre-press, no. Pre-press, pp. 1-12, 2022