Environmental Policy and Law - Volume 51, issue 5

Authors: Desai, Bharat H.

Article Type: Other

DOI: 10.3233/EPL-219014

Citation: Environmental Policy and Law, vol. 51, no. 5, pp. 271-272, 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. 51, no. 5, pp. 273-296, 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. 51, no. 5, pp. 297-308, 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. 51, no. 5, pp. 309-315, 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. 51, no. 5, pp. 317-325, 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. 51, no. 5, pp. 327-341, 2021

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. 51, no. 5, pp. 343-350, 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. 51, no. 5, pp. 351-358, 2021