Law Commons^™

A Remedy For Fragmented Urban Open Space- The Hannover Principles On Land Use, Paul Kibel

Global Environmental Law at a Crossroads

The global population has become ever more urbanized since the 1972 Stockholm Conference on the Human Environment, yet there has not been a corresponding focus of environmental law during this period on environmental issues of a particularly “urban” nature. To address this aspect, in 2010 Golden Gate University School of Law launched its Center on Urban Environmental Law (CUEL). CUEL’s inaugural project focuses on “urban greenspace”, on the opportunities to expand and improve open space and parkland holdings in cities, particularly greenspace that would be accessible to and used by low-income communities with traditionally limited access to such environmental amenities. …

Canadian Experience With Watershed Protection And Governance, Jamie Benidickson

Global Environmental Law at a Crossroads

This paper will survey the status of watersheds in the Canadian legislative and regulatory framework at the federal and provincial levels. While some watershed-oriented regimes such as Conservation Authorities in the province of Ontario have been in place for a number of decades there have been numerous recent developments. These have been encouraged in part by source water protection planning as encouraged through the work of the Walkerton Inquiry and to some degree in conjunction with the Watershed Initiative of the International Joint Commission.

Notable provincial initiatives are evident in Quebec, Ontario, Alberta, and Nova Scotia or are under consideration …

Environmental Law, Governance, And Management- The Need For Environmental Management Systems For Cities, Lye Lin Heng

Global Environmental Law at a Crossroads

Human activities damage the environment. They deplete natural resources, generate pollution and wastes, accelerate the loss of forests and biological diversity, as well as threaten the water supply. As populations increase, these problems are exacerbated. Cities bear the brunt of increased human activities on limited land space with limited resources. It is therefore essential that cities adopt a system of environmental governance that will help ensure sustainability. As each city has its own mix of geographic, social, economic, political and environmental problems, it would be simplistic to suggest that there is a formula for sustainability that would fit every city. …

Rio +20: What Difference Has Two Decades Made To State Practice In The Regulation Of Invasive Species, Sophie Riley

Global Environmental Law at a Crossroads

Invasive alien species (IAS) are alien species that threaten ecosystems, habitats or other species. Article 8(h) of the Convention on Biological Diversity (CBD) requires the contracting parties to ‘prevent the introduction of or control or eradicate those alien species that threaten ecosystems, habitats or species’. Members are also required to lodge national reports with the secretariat of the CBD, specifying how they are fulfilling their international obligations with respect to IAS. While the threats to biodiversity posed by IAS have been extensively documented, to date no study has examined States’ perceptions of their own IAS regimes. This paper collects and …

The Value(S) Of Biodiversity, Mathilde Boutonnet

Global Environmental Law at a Crossroads

Biodiversity today is mainly assessed by the economy. Yet, now both natural sciences and law play a growing part in that field. Our contribution proposes to outline the main biodiversity assessment methods to understand how they are received by law as well as to question their interest and efficiency against the environment protection imperative and to understand the answers offered by the law in regards to biodiversity in terms of “value” or “monetization”.

The legal issue at stake is important as law plays its own part in granting value to biodiversity. This supposes that legal practitioners pay attention to the …

Is Environmental Law Ready For New Ecological Restoration Concepts?, An Cliquet

Global Environmental Law at a Crossroads

Ecological restoration is a well-recognized principle in environmental law. Restoration and rehabilitation have been included in the three Rio Conventions and/or subsequent COP decisions. Ecological restoration is a crucial step in nature conservation, as in most regions of the world species and habitats are in an unfavourable conservation status, and will need to be restored to a favourable level. Ecological restoration plays an important role in adaptation to climate change. Also, the economic benefits for ecological restoration have been demonstrated in international literature and major studies such as The Economics of Ecosystems and Biodiversity (TEEB) and have been stressed by …

Achieving Sustainable Development Through Anthropocentric Laws: A Feigned Commitment To Posterity?, Ngozi Stewart

Global Environmental Law at a Crossroads

Global commitment to sustainable development can be measured by the commitment of individual countries to preserve the environment for future generations. The Commitment of a country will no doubt be manifest in the ethic underlying its environmental protection laws.

The question then is, what is the most appropriate ethic for the preservation of the environment; why is it more appropriate than any other ethic; and how can it be made to replace any existing ethic?

Generally speaking, environmental ethics either makes the resultant environmental laws short-sighted (anthropocentric) or long-sighted (ecocentric). Laws are short-sighted when they are focused on merely remedying …

Protecting The Environment Through Protection Of The Rights Of The Indigenous, Nawneet Vibhaw

Global Environmental Law at a Crossroads

The Constitution of India provides for special protection of the areas where Scheduled Tribes exist. India being a signatory to the International Labour Organization Convention No. 107 on Indigenous and Tribal Populations and the United Nations Declaration on the Rights of Indigenous Peoples, 2007, has enacted domestic legislations like The Panchayats (Extension to Scheduled Areas) Act, 1996 and the Scheduled Tribes and Other Traditional Forest-Dwellers (Recognition of Forest Rights) Act, 2006. These legislations provide that the Gram Sabha (village-council) would be a primary centre for tribal governance with ownership of minor forest produce and power to prevent the alienation of …

Vindicating Environmental Rights: Constitutional Protection For Present & Future Generations, Erin Daly, James May

Global Environmental Law at a Crossroads

Our presentations will chronicle and assess the jurisprudential dimensions of constitutional environmental rights worldwide, encapsulating the preliminary findings of our book, Vindicating Environmental Rights: Constitutional Protection for Present & Future Generations, Cambridge, 2013), especially pertaining to provisions regarding rights to water, and procedural rights.

The constitutions of about 160 nations address environmental matters in some fashion, some by committing to environmental stewardship or the rights of nature, others by recognizing a basic right to a quality environment and still others by ensuring a degree of public participation in environmental decision making. Most people on Earth live under constitutions that protect …

Towards A Right To Sustainable Energy: The Contribution Of Human Dignity To The Promotion Of Sustainable Development, Shalom Blustein

Global Environmental Law at a Crossroads

Human dignity and sustainable development represent two of the most important concepts relevant to the governance of modern society. Human dignity forms the basis for the modern approach to preserve and protect human rights. Sustainable development is concerned with defending and protecting the environment in harmony with economic and social development. While these concepts have different emphases, both human dignity and sustainable development are concerned with, among other things, the promotion and protection of the intrinsic value of human beings. However, despite the potential overlap between their objects, these concepts are rarely considered together.

One notable exception to the above …

Sustainability Through The Lens Of Principles Of International Environmental Law, Sabrina Alzais

Global Environmental Law at a Crossroads

This proposal will attempt to further develop the “requirement” of sustainability[1], as this concept plays a key role in the development of environmental law. Particularly, we focus on the temporal aspect of sustainability.

There are different definitions of sustainable development but they all are undermined: the long time. For instance, on the one hand, the International Institute for sustainable development insists on that must “redesigning institutions to ensure current and future potential to meet the needs and aspirations of communities”[2]. On the other hand, the Brundtland Report states: “Sustainable development is a development that meets the …

Fishing-Related Mortality, The Precautionary Principle And The Law In New Zealand, Nicola Wheen

Global Environmental Law at a Crossroads

Measures to reduce fishing-related mortality of marine animals in New Zealand fisheries may be installed under legislation including the Fisheries Act 1996. Thus, a reserve has been made and a mortality limit has, until very recently, been set each year to protect New Zealand sea lions around their Auckland Islands breeding ground. These sea lions once bred all around the coastline of New Zealand but, decimated by hunting, the species’ range is now restricted to three breeding colonies in the sub-Antarctic Auckland Islands. In recognition of this and an estimated population decline of 50 percent in the last ten years …

Can The Protection Of The Right To A Healthy Environment Contribute To The Implementation Of The Right To Access Water And Sanitation? The Case Of Columbia, Jimena Murillo Chavarro

Global Environmental Law at a Crossroads

A number of important issues will be dealt with at Rio+20, among them water related problems; such as, access to safe drinking water and protection of water resources. When talking about sustainable development it is essential to bear in mind hand by hand development activities and fundamental rights. Hence, we will focus on human rights that can assist in the achievement of these development goals.

Nowadays it is understood that there is a strong connection between the environment and people; therefore, the enjoyment of some of human rights, such as right to life and health, depend on the protection of …

Otherness, Justice, And Jus Gentium: The Legally Binding Value Of The Earth Charter For The Protection Of Human Rights, Ricardo Libel Waldman

Global Environmental Law at a Crossroads

This paper aims to find, in an international document, the Earth Charter, an example of a declaration of principles required to an international environmental law pact. It will be done based on Martin Buber’s dialogical principle. Also, it is intended to argue that Earth Charter, exactly because of this is legally biding as jus gentium.

Well, there are, according to Buber, three ways of meeting between Me and Thou, a) humans and non-human nature, b) humans and humans and c) and Eternal. These meetings are the basis for the three forms of Justice mentioned in Earth Charter according to …

Antigone In The Anthropocene: From Neoliberalism To A New Conservation Ethic, Elaine Hsiao

Global Environmental Law at a Crossroads

The global environmental outlook is increasingly bleak and the human condition does not fare better. The IUCN Red List of endangered species is longer than ever, with predictions foretelling the greatest mass extinction since the dinosaurs.[1] Human development reports reflect growth but do not measure well-being, deep inequality or apathy.[2] A hundred years ago, North America was coming out of a war fought overseas and entering an era of fossil fuel electrified industrialization. It was claimed that economic 'progress' would inspire efficient use of resources, but rather what it transpired was reckless waste of natural capital and an …

The Emerging Right To Sanitation: A Socio-Economic Or Environmental Right?, Loretta Feris

Global Environmental Law at a Crossroads

In July 2010 the UN General Assembly for the first time recognised a right to sanitation and declared the right to safe and clean drinking water and sanitation as a human right that is essential for the full enjoyment of life and all human rights.[1] This is an important development in the global recognition of the right to sanitation, in view of the fact that worldwide more than 2.6 billion people do not have access to basic sanitation.[2] In addition, a handful of states have also recognised the right of sanitation in their respective Constitutions, either expressly, inclusive …

Rights Of Nature In Ecuador: Change Of Paradigm Or Constitutional Rhetoric, Jordi Jaria I Manzano

Global Environmental Law at a Crossroads

One of the most significant events in recent comparative constitutional law on environmental issues has been the recognition of rights to nature in the Ecuadorian Constitution of 2008. A claim has been made of being a change of paradigm in the constitutional tradition, which goes beyond Western legal culture to add ideas and values of the indigenous peoples of Ecuador, particularly those of the Andes. That implies, for the fathers of the Constitution, the opening of a new path for social organization, more respectful with nature, escaping from consumerism and predation on natural resources, and concentrated on (environmental and social) …

Acting As If Tomorrow Matters: Accelerating The Transition To Sustainability, John Dernbach

Global Environmental Law at a Crossroads

This paper would be based on my forthcoming book, Acting as if Tomorrow Matters: Accelerating the Transition to Sustainability (Environmental Law Institute/Island Press May 2012). Synthesizing answers from more than three dozen nationally known experts to questions about sustainability, the book provides a useful, empirically based framework to explain the progress made in the United States to date on sustainability—and the most significant obstacles standing in the way of greater success. Building on this framework, the book explains in detail how to make a variety of decisions even more attractive to private and government entities, how law can provide an …

Property Rights And The Environment: The Ecological Function Of Property In Brazil, Nicholas Bryner

Global Environmental Law at a Crossroads

Article 225 of Brazil's Constitution guarantees to all the "right to an ecologically balanced environment" and imposes a duty on both the government and society to "defend and preserve [the environment] for present and future generations." This constitutionalization of environmental rights and duties has an important impact on property law inasmuch is it affects the relationship between private and public interests in the use of land and other natural resources. The right to private property is explicitly guaranteed in Brazil. However, this right is not absolute; under the Constitution, real property must fulfill its "social function." Among other requirements listed …

Moving The Brown Agenda Forward: From Corporate Environmental Governance To Government Governance At The Local Level, Anel Du Plessis

Global Environmental Law at a Crossroads

The 'brown agenda' is part and parcel of the contemporary environmental law discourse and refers inter alia to the reduction of threats to health and human well-being that arise from poor sanitation, overpopulation, insufficient water provision, air and water pollution and inadequate waste management. Brown issues are understood to impact on humans at a local scale / at the local level and often impact the poor and low-income groups.

Despite the fact that the brown agenda falls within the purview of the protection afforded by international, regional and domestic environmental law, a number of judgments of the courts between 2009 …

The Main Track Of The Development Of Environmental Framework Law: From The Conference On The Human Environment To The Conference On Environment And Development, Li Zhi Ping

Global Environmental Law at a Crossroads

The United Nations' Conference on Human Environment launched a new era of global environmental protection; one of its significant impacts on the world is driving the emergence and promoting the development of the environment framework law. Look back to the history, two peaks appeared in the development process of national environmental framework law, the first one arises after the 1972 United Nations Conference on the Human Environment, the second one arises after the 1992 United Nations Conference on Environment and Development. These two conferences have been able to play such an important role, because they brought together the human intelligence, …

The Emergence Of Global Environmental Governance Law, Louis Kotze

Global Environmental Law at a Crossroads

Global environmental governance (GEG) is a normative institutional regulatory intervention and social construct that aims to influence how people interact with the environment in the global. It entails a pluralistic, dynamic, multilevel (national, regional, international), multi-actor (state and non-state actors) process of change which idealistically aims to optimise environmental benefits and use, while at the same time seeking to equally protect environmental capital for the benefit and use of present and future generations. Law is an important part of and plays a critical role in GEG. Law is the constitution of GEG; law legitimises GEG; law creates GEG actors and …

Law In The Book And Law In Practice: Criminal Liability Over Vessel-Source Marine Pollution In China, Nengye Liu

Global Environmental Law at a Crossroads

Nowadays, criminal liability over vessel-source pollution is a debatable issue worldwide. For example, after Erika and Prestige oil tanker spill disasters, the EU adopted Directive 2005/35/EC, which imposes criminal liability over vessel-source pollution. This raised the Intertanko Case in the European Court of Justice. The shipping industry tried to challenge the legality of Directive 2005/35/EC under international law.

China is now a great shipping power as well as the second largest seafarers supplier in the world. Meanwhile, vast sea areas under China’s jurisdiction are under threat of vessel-source pollution. This presentation addresses criminal liability over vessel-source pollution in China. Relevant …

Governance And Amazon Cooperation Treaty Organization, Jose Augusto Fontoura Costa, Solange Teles Da Silva, Fernanda Sola

Global Environmental Law at a Crossroads

The Amazon Cooperation Treaty (ACT) signed on 3 July 1978 by Bolivia, Brazil, Colombia, Ecuador, Guyana, Peru, Suriname and Venezuela, has the objective to promote joint actions towards the harmonious development of the Amazon Basin as well as “the preservation of the environment, and the conservation and rational utilization of the natural resources of those territories” (art. I). In 1995, the eight nations decided to create the Amazon Cooperation Treaty Organization (ACTO) in order to strengthen and implement the cooperation and the Treaty goals. The amendment to ACT was approved on 2002, and the Permanent Secretariat was established in Brasilia …

Linkage In 21st Century Global Environmental Governance, Andrew Long

Global Environmental Law at a Crossroads

The apex of formal international law development to address environmental issues may have occurred in the 1990s, as evidenced by the difficulty in negotiating a successor to the Kyoto Protocol, but the increasing globalization of environmental law creates opportunities for regulatory innovation at the international level that may prove more successful than “traditional” state-to-state international law. A key characteristic of globalization in any field is increasing linkage, which includes linkage of national and international law and greater understanding of the linkages between nations that require coordinated management of common issues. For this reason, among others, globalization of environmental law appears …

The Compliance Paths Of China Energy Conservation, Zhao Huiyu

Global Environmental Law at a Crossroads

China as one of the largest emission greenhouse gases country, has took a lot of stringent methods on energy saving and emission reduction in recent years, although China did not have emission reduction Obligations in Kyoto protocol. The highlight of China’s compliance of energy saving is it’s mainly depending on many energy plans and policies instead of laws, especially the National Five-Year Plan of PRC greatly helped the enforcement of energy conservation and emission reduction.

These phenomena happened in China deserved being researched in an evolutionary perspective. Energy plans and polices could play very important role in some certain period …

Middle East Environmental Law Initiative, Seyed Mohammed Mehdi Hosseini

Global Environmental Law at a Crossroads

The Middle East, a predominately arid and semiarid region, faces major environmental problems, including growing water shortages, climate change, and air and water pollution. Many of the nations in the region share similar environmental problems that require similar and/or common solutions. Laws and legal institutions need to be created, developed and strengthened at the national and regional levels in order to address these challenges. Effective implementation and enforcement of environmental laws are crucial for protection of public health and conservation of natural resources in the Middle East.

Middle East Environmental Law (MEEL) founded by Seyed Mohammad M. Hosseini, LL.M candidate …

Implementation Of Rio Principles Into Latin American Environmental Laws, José Juan Gonzalez Marquez

Global Environmental Law at a Crossroads

This paper evaluates the way Latin American Environmental Law have incorporated Rio Declaration´s principles. The survey includes a detailed revision of legal regimes of Mexico Brazil, Argentina, Chile, Colombia and Costa Rica where Environmental Law is more developed but few references to other Ibero-American countries are taken into consideration as well. Although the study focuses more in the 27 principles of Rio Declaration but it also evaluates the level of compliance with the commitments assumed by signatory parties of Climate Change and Biodiversity Convention.

Legal Challenges In The Creation Of A World Environmental Organization, Nils Goeteyn

Global Environmental Law at a Crossroads

In June 2012 world leaders will gather again in Rio de Janeiro for the Earth Summit 2012 to secure renewed political commitment to the global agenda of sustainable development, of which environmental affairs are considered an integral part. One of the main topics under discussion at the Rio+20 summit is the possible creation of a World Environment Organisation or a World Sustainable Development Organisation. The last 20 years scholars and states alike have made a wide range of proposals (internalisation-based environmental organisation, an umbrella organisation for sustainable development, a new specialised agency for the environment, or an upgraded UNEP, ...), …

Meeting At The Crossroads: Engaging New Actors In The Development Of Marine Envrionmental Governance, Elizabeth Kirk

Global Environmental Law at a Crossroads

This paper explores the challenges associated with the adoption of new laws to protect the environment or promote sustainable development by focussing on how marine governance has responded to threats to the environment or marine resources.

As this paper demonstrates, while there have been some developments in the law as a result of changing circumstances, circumstances alone are not sufficient to effect change in the law. They must be accompanied by the operation of appropriate values in the decision making process. Where such values do not coincide with changing circumstances it is necessary to change the underlying principles within the …