Environmental Policy and Law - Volume 51, issue 6

Authors: Desai, Bharat H.

Article Type: Other

DOI: 10.3233/EPL-219017

Citation: Environmental Policy and Law, vol. 51, no. 6, pp. 359-359, 2021

Authors: Robinson, Nicholas A.

Article Type: Research Article

Abstract: Earth, and its human societies, are seized with the triple crises of climate change, biodiversity loss, and pervasive and escalating levels of pollution. In the 50 years since the 1972 UN Stockholm Conference on the Human Environment (UNCHE), States and UN Environment Program (UNEP) have created an entirely new body of international environmental law, and agreed on the UN Sustainable Development Goals for further socio-economic developments to help the 7.9 billion people on Earth today, and the 1.5 more billion expected soon. The article highlights the accomplishments of the past five decades, launched in Stockholm. However, beyond depleting the resources …of Earth’s natural and physical environment, humanity has also depleted time itself. There is not enough time left to permit the pace of environmental law-making to lead to success. Political will has eroded too, leaving “business as usual” to continue to harm the environment. Fortunately, most nations have recognized the right to the environment, and the UN General Assembly is asked to do so in 2022. At the same time, courts around the world are increasingly enforcing environmental rights. If courts world-wide begin to enforce the right to the environment, pathways to attaining sustainable development can be developed beyond Stockholm+50 (2022). Show more

Keywords: Stockholm Conference, Human Environment, Rio Earth Summit, human population, climate change, biodiversity loss, pollution, right to the environment, making peace with nature, sustainable development goals

DOI: 10.3233/EPL-219016

Citation: Environmental Policy and Law, vol. 51, no. 6, pp. 361-369, 2021

Authors: Stucki, Saskia | Futhazar, Guillaume | Sparks, Tom | Ackerman, Bruce | Bensouda, Fatou | Bhasin, Lalit | Boyd, David R. | Choi, Chunghwan | Day, Martyn | Ferrer Mac-Gregor Poisot, Eduardo | Hassan, Idayat | Kaniaru, Donald W. | Keller, Helen | Krsticevic, Viviana | Oposa Jr, Antonio | Peters, Anne | de Albuquerque, Paulo Sérgio Pinto | Piovesan, Flavia | Pollard, Caleb | Voigt, Christina

Article Type: Research Article

Abstract:  The World Lawyers’ Pledge on Climate Action is an open letter from and to the global legal community, calling for the mainstreaming of climate concerns throughout the law and legal profession. It seeks to rethink and redefine the role and responsibilities of lawyers in the climate crisis, and invites lawyers of all kinds —including practitioners, judges, scholars, civil servants, law students, and lawmakers—to integrate climate concerns into their respective areas of expertise and work. The magnitude and urgency of the climate crisis require all lawyers, not just environmental lawyers, to be part of the solution and contribute to climate-protective …legal development. The Pledge can be endorsed and signed at http://www.lawyersclimatepledge.org . Show more

Keywords: Climate mainstreaming, environmental mainstreaming, integration, role of lawyers, climate-informed lawyering

DOI: 10.3233/EPL-219015

Citation: Environmental Policy and Law, vol. 51, no. 6, pp. 371-376, 2021

Authors: Jahan, Ishrat

Article Type: Research Article

Abstract: Environmental degradation is continuing globally despite various international environmental treaties. If the right to a healthy environment is recognised by a global instrument, this international recognition of this right could enhance the implementation and enforcement of various multilateral environmental agreements. Moreover, the international recognition of this right to a healthy environment could create a level playing field at the international level to ensure better balancing of competing interests. Furthermore, an international instrument for the recognition of this right is necessary to address many environmental challenges including climate change, the loss of biodiversity, marine pollution, long-range air pollution and plastic pollution …which have global or trans-boundary dimensions. A second optional protocol to the ICESCR as an international instrument for the recognition of the right to a healthy environment could be adopted. It would be the best option for the adoption of an international instrument to recognise the right to a healthy environment. Show more

Keywords: Right to a healthy environment, international instrument, ICESCR, environmental challenges, human rights, constitutional rights

DOI: 10.3233/EPL-210085

Citation: Environmental Policy and Law, vol. 51, no. 6, pp. 377-390, 2021

Authors: Hosseini, Seyed Mohammad | Fathpour, Fatemeh | Chanda, Subhrajit

Article Type: Research Article

Abstract: The Soviet Union successfully launched Sputnik I in 1957 which led to the era of space activities. Although human race has benefited numerous from space activities, unlimited use of outer space has caused pollutions in outer space and consequently at the earth environment. Space debris has become a threat to the security of space activities. Space debris is the most important of these pollutions that, not only creates numerous threats and risks for Orbiting Satellites, It also has harmful effects on earth environment. During drafting UN space treaties, little attention was paid to environmental problems and these treaties did not …mentioned of space debris and its hazards. in recent decades, Ethics of Outer Space activities, paid more attention to the environment of outer space and environmental issue of space activities. Therefore, the experiences of environmental law and its preventive policies can be used to reduce the threat of space debris for peaceful space activities and the environment of space and planet Earth. Show more

Keywords: Space debris, use of outer space, threat, outer of space environment, environmental law

DOI: 10.3233/EPL-210015

Citation: Environmental Policy and Law, vol. 51, no. 6, pp. 391-401, 2021

Authors: Eskhita, Radwan | Manda, Vijaya Kittu | Hlali, Arbia

Article Type: Research Article

Abstract: This study introduces a descriptive analysis to carry out the transformation of the Dubai smart city as a case study in the GCC region with reference to the Barcelona smart city. Furthermore, to investigate how the Dubai smart city will deal with the huge amount of the collected personal data through Internet of Things devices and applications. The theoretical analysis shows that the Barcelona smart city can be represented as an effective model, its innovations recommends to be used in Dubai smart city. The analysis founds that the classification of the collected data inside smart city to open and shared …data did not provide sufficient privacy for personal data. Therefore, the personal data should be classified explicitly in order to be processed separately under the rules of the data protection law. Show more

Keywords: Dubai smart city, Barcelona smart city, data protection law, privacy

DOI: 10.3233/EPL-210023

Citation: Environmental Policy and Law, vol. 51, no. 6, pp. 403-407, 2021

Authors: Abdurrachman, Hamidah | Hamzani, Achmad Irwan | Mariyono, Joko

Article Type: Research Article

Abstract: The enforcement of environmental law in Indonesia shows a contradictory nature. The exploitation of natural resources by corporations has caused unparalleled disasters. Yet, the perpetrators, especially those corporations who work in collective, are rarely able to be persecuted. This research aims to examine the obstacles to environmental law enforcement in Indonesia and analyze the ideal environmental law enforcement model for future use. This research uses a qualitative approach which examines the concepts related to the ideal law enforcement for the future (ius constituendum ). Our examination finds that there are three main obstacles in enforcing environmental law in Indonesia: the …inability to deal with corporations which have strong political backing, overlapping authorities in the process of crime investigation, and difficulties faced by law enforcement officers in finding evidence. In light of these findings, we propose a model of legal protection for victims of pollution and/ or environmental destruction using the principle of restorative justice. In this model, judges can represent facilitators from the state for the initial stage. The value of this model is that rather than only pursuing punishment for the perpetrators, it shifts the focus towards providing compensation for the victims by the perpetrators. Show more

Keywords: Environmental law, law enforcement, restorative justice, ideal legal model, Indonesia

DOI: 10.3233/EPL-210024

Citation: Environmental Policy and Law, vol. 51, no. 6, pp. 409-416, 2021