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Overview On The Lebanese Environmental Governance System: Main Hazards In The Oil And Gaz Sector, Rami Harkous

BAU Journal - Science and Technology

Due to harsh environment and vulnerability of marine ecosystems, many challenges are faced regarding offshore oil and gas activities. Many steps are currently undertaken to overcome such challenges.

As Lebanon is inside the new oil and gas sector in its offshore region, plans should be made to address environmental challenges that may occur in this sector. The Lebanese environmental governance system meets international standards in various aspects but some gaps are addressed to manage such risks that may be encountered with oil and gas activities in the Lebanese offshore. This article ends by a fast run through environmental regulatory authority, …

The Shortcomings Of Corporate Accountability In Post-Conflict Colombia: Land, Rivers And Animals, Isabella Ariza Buitrago, Luisa Gomez Betancur

Biennial Conference: The Social Practice of Human Rights

Although the notion of sustainable peace requires acknowledging the role played by all actors, transitional processes around the world have inadequately addressed or completely ignored the direct and indirect participation of economic actors. In particular, Colombia's transitional justice regime left out corporations entirely. A skillshare between Colombian lawyers and US-based human rights attorneys showed some of the gaps that let corporations continue in impunity for profiting, benefiting from, or directly financing the conflict. Other than harming and deeply fracturing communities, the shortcomings of corporate accountability in post-conflict Colombia also leave land, rivers, and animals without redress. This paper explores some …

Eia Directive Procedural Guarantees As Substantive Individual Rights In Il V. Land Nordrhein-Westfalen, Alexis Haddock

Michigan Journal of Environmental & Administrative Law

Environmental impact assessments serve as a necessary tool for attaining the goals of the Aarhus Convention and the EIA Directive (2011/92). The Aarhus Convention and EIA Directive aim to guarantee the public’s right to participate in environmental decision-making, to be provided information necessary to effectively participate, and to have access to a procedure to challenge a decision. The ECJ’s recent case IL v. Land Nordrhein-Westfalen articulates the current interpretation of the European Union Member States’ obligations under the EIA Directive to provide individuals standing to challenge impact assessment decisions. This opinion reaffirmed that in cases where the procedural defect did …

Investment Governance In Africa To Support Climate Resilience And Decarbonization, Martin Dietrich Brauch, Brenda Akankunda

Columbia Center on Sustainable Investment Staff Publications

African nations have only marginally contributed to global warming relative to developed and emerging economies in the Americas, Asia, and Europe. However, the African continent will bear a disproportionate burden of the negative impacts of climate change. Climate-related challenges like flooding, drought, and intense heat waves will increasingly confront the continent at a worsening rate. African nations should not be expected to take the lead in addressing a climate emergency they did not create. The priority for Africa is to receive support and investment to build resilience and adapt to climate impacts.

Primer On International Investment Treaties And Investor-State Dispute Settlement, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment Staff Publications

What is Foreign Direct Investment (FDI)? FDI occurs when an individual or corporation in one country (“home state”) sets up or buys all or a significant part of a company that is incorporated in a different country (“host state”). Companies invest abroad to access land-based resources including mining, more affordable labour for instance in manufacturing, and new markets, among other reasons. Many countries seek to attract FDI in order to realize benefits in the form of tax revenues, technology transfer, jobs, and other economic linkages. The images below illustrate the concept of FDI, as well as some of the sectors …

Handbook For Sdg-Aligned Food Companies: Four Pillar Framework Standards, Nora Mardirossian, GaëLle Espinosa, Rico RincóN, Diana Marcela, Erin O’Dwyer, Abrania Marrero, Regan Plekenpol, Claudia P. Baethgen, Urvi Agarwal, Lisa E. Sachs, Jeffrey D. Sachs

Columbia Center on Sustainable Investment Staff Publications

The world food system is in crisis. Outright hunger, unhealthy diets and malnutrition occur parallel to food losses and waste. Farming families in poor countries suffer from extreme poverty. And food production is environmentally unsustainable and increasingly vulnerable to extreme weather events caused by climate change. A historic change of direction is needed to bring about a new era of food system sustainability. Our work aims to help companies, investors and other stakeholders move towards a more sustainable food system that is aligned with the Sustainable Development Goals.

Transforming the world food system to achieve sustainability in all its dimensions …

Transformative Governance Of Biodiversity: Insights For Sustainable Development, J. Visseren-Hamakers Ingrid, Jona Razzaque, Pamela Mcelwee, Esther Turnhout, Eszter Kelemen, Graciela M. Rusch, Álvaro Fernández-Llamazares, Ivis Chan, Michelle Mei Ling Lim, Et Al.

Research Collection Yong Pung How School Of Law

While there is much debate on transformative change among academics and policymakers, the discussion on how to govern such change is still in its infancy. This article argues that transformative governance is needed to enable the transformative change necessary for achieving global sustainability goals. Based on a literature review, the article unpacks this concept of transformative governance. It is: integrative, to ensure local solutions also have sustainable impacts elsewhere (across scales, places, issues and sectors); inclusive, to empower those whose interests are currently not being met and represent values embodying transformative change for sustainability; adaptive, enabling learning, experimentation, and reflexivity, …

The Case For Corporate Climate Ratings: Nudging Financial Markets, Felix Mormann, Milica Mormann

Faculty Scholarship

Capital markets are cast as both villain and hero in the climate playbill. The trillions of dollars required to combat climate change leave ample room for heroics from the financial sector. For the time being, however, capital continues to flow readily toward fossil fuels and other carbon-intensive industries. Drawing on the results of an empirical study, this Article posits that ratings of corporate climate risk and governance can help overcome pervasive information asymmetries and nudge investors toward more climate-conscious investment choices with welfare-enhancing effects.

In the absence of a meaningful price on carbon, three private ordering initiatives are trying to …

Introduction To Special Section On Climate Change Litigation, Vanessa Casado-Pérez, Emanuela Orlando

Faculty Scholarship

Acknowledging the exponential growth and global dimension of climate litigation, this introductory piece to this Special Section starts by situating this phenomenon in the context of the scholarly debate on polycentric and multi-level climate governance. It highlights both the strategic use of climate litigation as a tool to establish responsibilities and push for a more ambitious mitigation and adaptation agenda, but also as an opportunity to better understand the role of courts in public policy governance. The second part of the article then proceeds to discuss the main findings arising from the various contributions grouped in this section, and concludes …

Tightening The Legal ‘Net’: The Constitution’S Supremacy Clause Straddle Of The Power Divide, Steven Ferrey

Michigan Journal of Environmental & Administrative Law

This article analyzes Constitutional Supremacy Clause tensions in preempting state law that addresses climate change and the rapid warming of the Planet. Net metering laws, enacted in 80% of U.S. states, are a primary legal mechanism to control and mitigate climate warming. This article analyzes three recent federal court decisions creating a preemptive Supremacy Clause stand-off between federal and state law and presents a detailed state-by-state analysis of which those 80% of states’ laws could be preempted by legal challenge.

If state net metering laws affected only ordinary technologies, this issue would not be front and center with global warming. …

The Singapore Green Plan 2030: Analysing Its Implications On Law And The Legal Industry In Singapore, Wei Yao, Kenny Chng, Ken Wei Ong

Research Collection Yong Pung How School Of Law

While sustainability has always been an important policy imperative in Singapore, the advent of the Singapore Green Plan 2030 marks a significant development in this regard. Announced in February 2021, the Green Plan represents a concerted national-level strategic shift towards advancing the sustainability agenda in Singapore. With sustainable development now being a ‘major policy priority’, it is inevitable that the Green Plan will have important legal implications, each of which will be identified and analysed in this paper. More broadly, however, the paper also suggests that the Green Plan will open up valuable opportunities for environmental law to receive greater …

Conceptualising A Role For The Common Law In Environmental Protection In Singapore, Kenny Chng

Research Collection Yong Pung How School Of Law

In Singapore, the key institutions driving environmental protection are the legislature and the executive. The judiciary’s role in environmental protection has thus far been relatively minor. By drawing upon environmental law theory and comparative analysis of other common law jurisdictions, this paper aims to explore avenues through which the common law can be engaged more meaningfully to further environmental protection in Singapore. A conceptualisation of environmental law as directed at furthering the rule of law by promoting carefully-considered and participatory environmental governance will be suggested as a fruitful way forward for thinking about the role of the common law in …

Parámetros Para Orientar Procesos Informales De Concertación En Movilidad Urbana Sostenible En Colombia, Erika Castro-Buitrago, Jorge E. Vásquez Santamaría

The Qualitative Report

El artículo propone desde un punto de vista jurídico los parámetros de actuación que pueden orientar los procesos de concertación informal sobre movilidad urbana sostenible entre autoridades y ciudadanos en Colombia, acudiendo a las experiencias de concertación informal de actores ciudadanos. Se empleó una metodología cualitativa, con enfoque sociojurídico y hermenéutica dialógica. La información empírica se recopiló a través de entrevistas semiestructuradas a informantes clave y el análisis de documentos. Los hallazgos mostraron que una buena parte de estos procesos tiene lugar de manera informal y los participantes no poseen directrices que dirijan su éxito. Además, la concertación de proyectos …

Bolstering Juliana: Enforceability Of Environmental Claims Through International Treaty Obligations In U.S. Courts, Lindsey Laielli

St. Mary's Law Journal

Abstract forthcoming.

Unep And Marine & Environmental Law Institute, "Plastics Toolbox: Business, Human Rights, And The Environment" (Last Updated November 2021) (Dalhousie University, Schulich School Of Law), Marine And Environmental Law Institute

Human Rights-based Approaches to Plastic Pollution

The Plastics Toolbox: Business, Human Rights, and the Environment, compiles good practices and cross-cutting guidance on a human rights-based approach to plastic pollution prevention and management with a focus on capacity building of governments and businesses in the East Asian Seas region. This compilation of resources, guidance, tools and trainings was prepared by a team of researchers at Dalhousie University's Marine and Environmental Law Institute under the direction of project lead Dr Sara L Seck, with funding from the United Nations Environment Programme. The materials in the toolbox were gathered from May to August 2021 and updated in November 2021. …

Mapping Human Rights-Based Climate Litigation In Canada, Lisa Benjamin, Sara L. Seck

Articles, Book Chapters, & Popular Press

In line with global trends, there has been an increase in human rights-based climate litigation brought in Canadian courts in recent years. Some litigants invoke human rights as found in the Canadian Charter of Rights and Freedoms to push federal and provincial governments to take seriously the implementation of their climate obligations. Other litigants invoke procedural environmental human rights to engage in free speech and peaceful protest in the face of government action supporting fossil fuel consumption or expansion. At the same time, the Supreme Court of Canada has recognized that Canadian courts could develop civil remedies for corporate violations …

Does The Criminal Enforcement Of Federal Environmental Law Deter Environmental Crime? The Case Of The U.S. Resource Conservation And Recovery Act, Dr. Joshua Ozymy, Dr. Melissa L. Jarrell

Environmental and Earth Law Journal (EELJ)

The U.S. Environmental Protection Agency (EPA) and the Department of Justice are tasked with the investigation and prosecution of hazardous waste crimes occurring under the U.S. Resource Conservation and Recovery Act (RCRA). For criminal sanctions to be effective, the probability of detection and severity of punishment must be significant enough to raise the cost to benefit ratio to deter environmental crimes. While research examines sanctioning under RCRA, little work examines the plausibility of the deterrent effect of criminal sanctions. Through content analysis of all environmental crime prosecutions resulting from EPA criminal investigations, 1983-2019, we explore the probability of detection and …

Hypocrisy On The High Seas: An Examination Of The Conflicting Policy Goals And Actions Of The International Community Regarding Illegal, Unreported, And Unregulated Fishing, Peter J. Tamburello

Environmental and Earth Law Journal (EELJ)

Fish and the fishing industry are one of the main sources of food protein and commerce in many areas of the world, whether it be from traditional and artisanal fishing practiced in Somalia and other undeveloped countries or large scale international commercial fishing from rich and industrialized nations. The world’s oceans are currently being plagued by overfishing both from legally authorized activities and Illegal, Unreported, and Unregulated Fishing. The purpose of this paper is to examine the problems plaguing the world’s fisheries with an eye towards the environmental damage and economic harm that stem from it. It is also to …

The Survival Of Animal Care Organizations Impacted By The Covid-19 Pandemic In 2020, Juan Fernando Torrico

Environmental and Earth Law Journal (EELJ)

This note assessed how animal care organizations and the animals in their care were impacted, negatively and positively, by the coronavirus pandemic. Several animal care organizations in the United States–including animal shelters, rescues, sanctuaries, and zoos–were contacted directly, and invited to share their experiences from the COVID-19 pandemic in 2020. They provided valuable in-depth insight into how government shutdowns and social distancing impacted their facility; if any of the animals in their care tested positive for COVID-19; how the animals in their care were affected indirectly by COVID-19; if they sought and received any government assistance to keep them operational; …

Watery Grave: One Of The Death Care Industry’S Greenest Options Is Still Illegal In Thirty-One States And That Needs To Change, Jacob Steele

Environmental and Earth Law Journal (EELJ)

Alkaline hydrolysis is an eco-friendly cremation alternative that uses water, a gentle chemical solution, and heat to break down bodies instead of fire. It has a carbon footprint that is 75% less than that of standard cremation and eliminates the possibility of soil and groundwater pollution created by traditional burials. The problem is that it is illegal and unavailable to citizens in at least 31 states. This comment examines the history, process, and legality of alkaline hydrolysis while proposing the rapid federal or mass state legalization of the method as a solution to many of the problems the death care …

Funding Global Governance, Kristina B. Daugirdas

Law & Economics Working Papers

Funding is an oft-overlooked but critically important determinant of what public institutions are able to accomplish. This article focuses on the growing role of earmarked voluntary contributions from member states in funding formal international organizations such as the United Nations and the World Health Organization. Heavy reliance on such funds can erode the multilateral governance of international organizations and poses particular risks for two kinds of undertakings: normative work, such as setting standards and identifying best practices; and evaluating the conduct of member states and holding those states accountable, including through public criticism, when they fall short. International organizations have …

When Fast-Tracking Slows You Down: Reconsidering Nationwide Permit 12 Use For Large-Scale Oil Pipelines, Megan Rulli

Dickinson Law Review (2017-Present)

The consumption of oil pervades everyday life in America. The network of pipelines transporting oil from field to consumer is largely invisible. Until a major news event bursts pipelines onto headlines, this indispensable and invisible system fuels the country without fanfare. At the same time, concern over global climate change has made new large-scale projects for fossil fuel extraction and consumption highly controversial. The Keystone XL (“KXL”) pipeline was originally designed to transport crude oil extracted from oil sands in Canada to the Gulf of Mexico for international export. After more than a decade of false starts, the project currently …

Funding Global Governance, Kristina B. Daugirdas

Articles

Funding is an oft-overlooked but critically important determinant of what public institutions are able to accomplish. This article focuses on the growing role of earmarked voluntary contributions from member states in funding formal international organizations such as the United Nations and the World Health Organization. Heavy reliance on such funds can erode the multilateral governance of international organizations and poses particular risks for two kinds of undertakings: normative work, such as setting standards and identifying best practices; and evaluating the conduct of member states and holding those states accountable, including through public criticism, when they fall short. International organizations have …

Offshore Wind Development In The Great Lakes: Accessing Untapped Energy Potential Through International And Interstate Agreement To Overcome Public Trust Concerns, Jordan Farrell

Northwestern Journal of International Law & Business

Offshore wind energy development in the Great Lakes presents an immense opportunity for distributed generation of renewable energy; however, this potential has thus far remained untapped. One significant barrier to why there has not yet been such wind energy development in the Great Lakes is the public trust doctrine. This doctrine generally stands for the principle that a state cannot convey its submerged lands to a private party. However, there remains much legal uncertainty with regards to the doctrine. Courts and scholars have struggled to determine with any certainty the origins and grounding of the doctrine and the limits it …

To Damn Or Not Damn A Dam: Stakeholder Collaboration As A Tool For Dam Management, Alec D. Tyra, Nicholas Kandas

William & Mary Environmental Law and Policy Review

Dams have played an integral role in the development and economic growth of the United States for centuries, and remain important fixtures in water and energy management. However, after standing for decades, aging dams across the country are deteriorating or creating harmful environmental impacts that have made them sources of contention in many river basins. Calls to remove certain dams have been growing and in recent years have particularly intensified with respect to some large federally owned or regulated hydroelectric dams. These larger dams are subject to ongoing environmental review under the National Environmental Policy Act. Nonfederally owned dams also …

Climate Attribution Science And The Endangered Species Act, Jessica A. Wentz

Sabin Center for Climate Change Law

Climate change poses an enormous risk to plant and animal species across the planet. Mean global temperatures have already increased by approximately 1ºC, causing environmental changes that affect species abundance, distribution, behavior, physiology, genetics, and survival prospects. These changes, combined with other human stressors, have already resulted in the extinction of some species and imperiled many others. Some scientists describe this as the “Holocene” or “Anthropocene” mass extinction event. The fate of many vulnerable species will depend on emissions trajectories and mitigation efforts. But there is also a compelling need for adaptive species management in the context of a changing …

The Shipping Sector And Ports As Central Actors In The Decarbonization Effort: A Case Study Of China, Aspasia Pastra, Meinhard Doelle, Tafsor Johansson

Articles, Book Chapters, & Popular Press

This article carves out China’s maritime state-of-play with regards to GHG mitigating measures with a special focus on CO2 emission. The article commences with an overview of IMO’s GHG strategy taking into account the critical targets, proposed plans, schemes and measures aimed at the shipping sector. Discussions then segue into a twofold discussion pertaining to China’s current policy and port governance actions highlighting some of the existing gaps and challenges. Reference is made to remarkable developments from countries considering three vital key elements for an effective green port policy framework before drawing concluding remarks.

Nature-Based Solutions To Sea Level Rise And Other Climate Change Impacts On : A Law And Policy Perspective, Meinhard Doelle, Tony George Puthucherril

Articles, Book Chapters, & Popular Press

There are several nature-based adaptation options available to coastal nations. In this paper, we offer a brief overview of these options and then focus on mangroves to consider how laws and policies can support nature-based solutions and thereby contribute to more effective overall adaptation efforts. We first outline the concept of adaptation and its variants, thereby setting the context for this study. We then briefly explore the science relating to nature-based adaptation. We analyze the international legal regime in place to protect mangrove ecosystems. Finally, we discuss the merits, the challenges, and strategies developed to surmount some of the challenges …

Park County Environmental Council V. Montana Department Of Environmental Quality, 477 P.3d 288 (Mont. 2020), Holly Seymour

Public Land & Resources Law Review

The Montana Supreme Court held in 2020 that loopholes in the Montana Environmental Procedure Act ("MEPA") review process violate Montana's constitutional right to a clean and healthful environment. The holding sets a strong precedent requiring statutory protections to prevent harm to the environment before it occurs.

Iowa Land And Landowners: Fear Or Opportunity, Neil D. Hamilton

Journal of Food Law & Policy

Our relation to the land changed as modern agriculture changed. Today many issues involving the land seem to focus on fear and conflict, revealing a fragility of agriculture surprising for how it confounds the expected image of strength and stability. In many ways, our fragile relation to the land contrasts to the optimism of the relation in the past, in the years of settlement and expansion. Part of the change reflects the adverse impacts of modern agriculture catching up with us, and part stems from a society more willing to focus on issues of equity, inclusion, and inequality. The good …