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Articles 31 - 52 of 52
Full-Text Articles in Law
China’S New Law On Exploration And Exploitation Of Resources In The International Seabed Area Of 2016, Nengye Liu, Rakhyun Kim
China’S New Law On Exploration And Exploitation Of Resources In The International Seabed Area Of 2016, Nengye Liu, Rakhyun Kim
Research Collection Yong Pung How School Of Law
Despite its rich metallic mineral resources on land,1 the People’s Republic of China (China) has been actively exploring for deep seabed minerals in the international seabed area (the Area).2 The legal framework is provided by the United Nations Convention on the Law of the Sea (LOSC).3 China and the Russian Federation are the only States currently sponsoring exploration of all three types of deep seabed mineral deposit in the Area (polymetallic nodules in the Clarion-Clipperton Fracture Zone, seafloor massive sulphides in the South West Indian Ridge, the Central Indian Ridge, and the Mid-Atlantic Ridge, and cobalt-rich ferromanganese crusts in the …
Carbon Credits As Eu Like It: Property, Immunity, Tragico2medy?, Kelvin F. K. Low, Jolene Lin
Carbon Credits As Eu Like It: Property, Immunity, Tragico2medy?, Kelvin F. K. Low, Jolene Lin
Research Collection Yong Pung How School Of Law
While there have been many legal studies of the European Union Emissions Trading Scheme (EU ETS), none seem to have considered the EU ETS from the perspective of private law, particularly the private law issues that stem from the ambiguous legal nature of the 'carbon credit'. Such ambiguity translates into regulatory uncertainty and business risks of the sort that occurred in Armstrong DLW GmbH v Winnington Networks Ltd [2013] Ch 156, an English case involving fraud and 'stolen' European Union Allowances (EUAs). From an environmental law and policy perspective, uncertainty does not bode well for the EU ETS's regulatory effectiveness …
Governance Criteria For Effective Transboundary Biodiversity Conservation, Michelle Mei Ling Lim
Governance Criteria For Effective Transboundary Biodiversity Conservation, Michelle Mei Ling Lim
Research Collection Yong Pung How School Of Law
Intact ecosystems across jurisdictional boundaries are of growing importance as the world continues to experience the impacts of climate change. International boundaries have, however, been drawn for political rather than ecological reasons. Ecosystem components often occur in more than one nation and are consequently subject to conflicting management and land-use practices. This research integrates the legal, institutional and environmental management components of transboundary biodiversity conservation to propose a comprehensive framework for evaluating the potential effectiveness of transboundary conservation regimes. The paper presents twelve criteria for the effective transboundary conservation of terrestrial biodiversity. These criteria can assist in the evaluation of …
The European Union's Potential Contribution To Enhanced Governance Of Offshore Oil And Gas Operations In The Arctic, Nengye Liu
Research Collection Yong Pung How School Of Law
This article focuses on the potential contribution of the European Union (EU) to an enhanced legal regime for Arctic offshore oil and gas operations. It first briefly describes existing international law for the regulation of offshore oil and gas operations in the Arctic. The article then discusses the development of the EU's Arctic policy and the EU's competence to regulate Arctic offshore oil and gas activities. Subsequently, it analyses potential actions and initiatives that could be taken by the EU to promote high safety standards for offshore oil and gas operations in the Arctic.
The European Union’S Potential Contribution To Protect Marine Biodiversity In The Changing Arctic: A Roadmap, Nengye Liu, Elizabeth Kirk
The European Union’S Potential Contribution To Protect Marine Biodiversity In The Changing Arctic: A Roadmap, Nengye Liu, Elizabeth Kirk
Research Collection Yong Pung How School Of Law
This article provides a roadmap for possible European Union (eu) action in the protection of marine biodiversity in the changing Arctic. First the eu’s competence in the Arctic is briefly introduced. Then the discussion turns to the eu’s potential external and internal actions in shipping, fisheries and offshore oil and gas operations that could possibly enhance the international legal regime for the protection of marine biodiversity in the Arctic. The eu’s role vis-à-vis the global biodiversity regime and cross-cutting measures under the United Nations Convention on the Law of the Sea are discussed together in the final part.
China’S Law And Practice As A Coastal State For The Prevention Of Vessel-Source Pollution, Nengye Liu
China’S Law And Practice As A Coastal State For The Prevention Of Vessel-Source Pollution, Nengye Liu
Research Collection Yong Pung How School Of Law
China is a major maritime nation with 18,ooo km of mainland coastline.1 The marine environment is of fundamental importance for China's economic development and environmental protection. According to the National Report on Social and Economic Development, in 2010, China imported 239.31 million tonnes of crude oil and 36.88 million tonnes of refined oil.2 Approximately 95 percent of oil imports are carried by maritime transportation. This creates significant risk of marine pollution such as oil, oily wastes and invasive species from ballast wateL Globally, maritime transport is responsible for 12 percent of total marine pollution.3 The United Nations Convention on the …
2014 Future Earth Young Scientists Conference On Integrated Science And Knowledge Co-Production For Ecosystems And Human Well-Being, Ivy Shiue, Et. Al.
2014 Future Earth Young Scientists Conference On Integrated Science And Knowledge Co-Production For Ecosystems And Human Well-Being, Ivy Shiue, Et. Al.
Research Collection Yong Pung How School Of Law
Effective integration in science and knowledge co-production is a challenge that crosses research boundaries, climate regions, languages and cultures. Early career scientists are crucial in the identification of, and engagement with, obstacles and opportunities in the development of innovative solutions to complex and interconnected problems. On 25–31 May 2014, International Council for Science and International Social Science Council, in collaboration with the International Network of Next-Generation Ecologists and Institute for New Economic Thinking: Young Scholars Initiative, assembled a group of early career researchers with diverse backgrounds and research perspectives to reflect on and debate relevant issues around ecosystems and human …
Is Water Different From Biodiversity- Governance Criteria For The Effective Management Of Transboundary Resources, Michelle Mei Ling Lim
Is Water Different From Biodiversity- Governance Criteria For The Effective Management Of Transboundary Resources, Michelle Mei Ling Lim
Research Collection Yong Pung How School Of Law
Effective law for complex environmental issues requires a combination of sound policy, sophisticated doctrinal scholarship and effective institutional arrangements that suit the social and economic context. Together, these elements create the basis for good resource governance. This article sets out criteria that define an effective governance framework for transboundary resource management. To advance legal scholarship, access to such criteria can help frame comprehensive strategies for more effective environmental law. The article extends previously developed criteria for the effective transboundary conservation of terrestrial biodiversity to transboundary water resource governance. It discusses the relative ease with which each of the criteria can …
China’S Role In The Changing Governance Of Arctic Shipping, Nengye Liu
China’S Role In The Changing Governance Of Arctic Shipping, Nengye Liu
Research Collection Yong Pung How School Of Law
This paper explores the role that China could play in the development of an effective international legal system for the governance of Arctic shipping. The first part describes the current international legal regime applicable to shipping activities in the Arctic. The second assesses China's relations with the United Nations Convention on the Law of the Sea (UNCLOS), the International Maritime Organization (IMO) and the Arctic Council. China's potential contribution to the governance of Arctic shipping is addressed in the final part.
Strengthening The Legal And Institutional Effectiveness For Transboundary Biodiversity Conservation In The ‘Heart Of Borneo’, Michelle Mei Ling Lim
Strengthening The Legal And Institutional Effectiveness For Transboundary Biodiversity Conservation In The ‘Heart Of Borneo’, Michelle Mei Ling Lim
Research Collection Yong Pung How School Of Law
The Heart of Borneo ('HoB') transboundary initiative spans the territory of Malaysia, Indonesia and Brunei. In this article I evaluate the HoB against governance criteria for effective transboundary conservation. This approach provides the framework for proposing what complementary reforms may be needed to improve the effectiveness of the initiative. Governance issues and the lack of political buy-in are identified as the most significant impediments to successful transboundary biodiversity conservation in the HoB. A further limitation stems from the failure to develop meaningful legal instruments and supporting institutions. This article recommends improvements to legal instruments and the evaluation and design of …
Criminal Liability For Vessel-Source Pollution In China: Law And Practice, Nengye Liu
Criminal Liability For Vessel-Source Pollution In China: Law And Practice, Nengye Liu
Research Collection Yong Pung How School Of Law
This article addresses criminal liability for vessel-source pollution in China. It describes relevant Chinese legislation regarding criminal liability for vessel-source pollution, analyses why a criminal case pertaining to vessel-source pollution has yet to be brought in Chinese courts and presents suggestions on how to improve the current regime.
Current Legal Developments China: Prevention Of Invasive Species From Ballast Water In China, Nengye Liu
Current Legal Developments China: Prevention Of Invasive Species From Ballast Water In China, Nengye Liu
Research Collection Yong Pung How School Of Law
The introduction of invasive marine species by ships is one of the four most significant threats to the world's oceans.' Global shipping moves over 80% of the world's commodities and transfers approximately 3 to 5 billion tonnes of ballast water each year.^ Every day about 3,000 species of animals and plants are transported around the world in the ballast water of ships, or on their hulls.' Some invasive alien marine species can have serious ecological as well as social and economic impacts."*
Prevention Of Vessel-Source Pollution In The South China Sea: What Role Can China Play, Nengye Liu
Prevention Of Vessel-Source Pollution In The South China Sea: What Role Can China Play, Nengye Liu
Research Collection Yong Pung How School Of Law
This article examines China's role in the prevention of vessel-source pollution in the South China Sea. The article argues that, although the South China Sea is a disputed sea area, China has the potential to play a leading role to improve the prevention of vessel-source pollution in this area. By playing a key role in addressing the issue of vessel-source pollution China also has the opportunity to demonstrate its willingness to co-operate to protect the marine environment of the South China Sea without inflaming the thorny sovereignty disputes in the area. First, the sovereignty disputes in the South China Sea …
The European Union's Potential Contribution To Enhanced Governance Of Arctic Shipping, Nengye Liu
The European Union's Potential Contribution To Enhanced Governance Of Arctic Shipping, Nengye Liu
Research Collection Yong Pung How School Of Law
This article focuses on the European Union (EU)’s potential contribution to an enhanced legal regime of the Arctic offshore oil and gas operations. It first briefly describes existing international law for the regulation of offshore oil and gas operations in the Arctic. The article then discusses the development of EU’s Arctic policy and the EU’s competence to regulate Arctic offshore oil and gas activities. Subsequently, it analyzes potential actions and initiatives that could be taken by the EU to promote high safety standards for offshore oil and gas operations in the Arctic.
Legal Constraints To The European Union’S Accession To The International Maritime Organization, Nengye Liu, Frank Maes
Legal Constraints To The European Union’S Accession To The International Maritime Organization, Nengye Liu, Frank Maes
Research Collection Yong Pung How School Of Law
There is no doubt that the European Union (EU) has become a global actor. The global or intemational context in which the EU has sought to define its identity, promote its interests and constmct its policies, is increasingly seen as the stage on which the EU must act.' Frank Hoffmeister indicates that, the EU has been actively involved in most of the significant international organizations, though many of these organizadons have been less flexible regarding the full membership of the EU.
Laws, Institutions And Transboundary Pasture Management In The High Pamir And Pamir-Alai Mountain Ecosystem Of Central Asia, Michelle Mei Ling Lim
Laws, Institutions And Transboundary Pasture Management In The High Pamir And Pamir-Alai Mountain Ecosystem Of Central Asia, Michelle Mei Ling Lim
Research Collection Yong Pung How School Of Law
Enhanced rangeland governance is a priority for the governments of the post-Soviet Central Asian states of the Kyrgyz Republic and Tajikistan. Major transitional challenges confront the newly independent states of Central Asia. These challenges include the withdrawal of subsidies previously provided by the centralised Soviet government; moves towards privatisation and the conversion of administrative boundaries to international boundaries. In this context transboundary approaches to rangeland management are essential. This paper highlights the challenges for effective pasture management in the Pamir, Pamir-Alai ecosystem; the inadequacies of pasture-related legal instruments and the absence of institutions for the implementation of these instruments. Transboundary …
Prevention Of Vessel-Source Marine Pollution: A Note On The Challenges And Prospects For Chinese Practice Under International Law, Nengye Liu, Frank Maes
Prevention Of Vessel-Source Marine Pollution: A Note On The Challenges And Prospects For Chinese Practice Under International Law, Nengye Liu, Frank Maes
Research Collection Yong Pung How School Of Law
This article examines China’s domestic legal regime for the prevention of vessel sourcepollution. It pays special attention to the recently adopted Regulation on Preventionand Control of Marine Pollution from Vessels. Potential challenges and emerging issuesthat China has to confront are addressed, including: application of the legislation todisputed sea areas between China and its neighbors, freedom of navigation in theexclusive economic zone, reduction of emission from ships, and prevention of invasivespecies from ballast water.
Environmental Implications Of The 2010 Constitution Of The Kyrgyz Republic, Michelle Mei Ling Lim
Environmental Implications Of The 2010 Constitution Of The Kyrgyz Republic, Michelle Mei Ling Lim
Research Collection Yong Pung How School Of Law
On 7 April 2010, the Bakiyev Government of the Kyrgyz Republic was overthrown in a civil uprising. Following this, the subsequent interim government introduced the draft of a new Constitution. This draft Constitution significantly reduced the powers of the President. On 27 June 2010, this draft was approved by 90 per cent of voters in a referendum
International Legal Framework On The Prevention Of Vessel-Source Pollution, Nengye Liu
International Legal Framework On The Prevention Of Vessel-Source Pollution, Nengye Liu
Research Collection Yong Pung How School Of Law
T h is paper exa mi ne s the international legal f r a m e w o r k of the prevention of vessel-source marine pollution. It provides an overview of current international framework. First-the study introduces International Maritime Organization (IM O ) and the Law of the Sea Convention (LO SC ). Second-it analyzes the relation between Conventions adopted under the auspices of the IMO (IMO Conventions) and the LOSC. Third.it discusses major IMO Conventions dealing with prevention of vessel-source pollution. Finally, this paper addresses challenges of the international legal framework.
The European Union And International Maritime Organization: Eu’S External Influence On The Prevention Of Vessel-Source Pollution, Nengye Liu, Frank Maes
The European Union And International Maritime Organization: Eu’S External Influence On The Prevention Of Vessel-Source Pollution, Nengye Liu, Frank Maes
Research Collection Yong Pung How School Of Law
The European Union (EU), with its 27 Member States, has a coastline 70, 000 km along two oceans and four seas. Its well-being is therefore inextricably linked with the sea.' Europe plays a major role in today's shipping world, 41% of the world's total fieet (in dwt) is beneficially controlled by European companies.^ Ensuring that the use of the marine environment is genuinely sustainable is a prerequisite for the EU's sea-related industries to be competitive.
The Way We Think: Ethics, Health And The Environment In International Business, David Nathan Smith
The Way We Think: Ethics, Health And The Environment In International Business, David Nathan Smith
Research Collection Yong Pung How School Of Law
Breaches of ethics and social responsibility in domestic and international business are typically thought to be anchored in such phenomena as greed, dishonesty and conflict of interest. While these forces are frequently at work in international business transactions, there is often another major force at work when failures of ethics and social responsibility occur. This article addresses the question of what is it about the way that transnational company managers and government officials think or don’t think that leads to breaches of ethics and social responsibility – breaches that often result in major health, environmental and social tragedies. The article …
The European Union’S Role In The Prevention Of Vessel-Source Pollution And Its Internal Influence, Nengye Liu, Fran Maes
The European Union’S Role In The Prevention Of Vessel-Source Pollution And Its Internal Influence, Nengye Liu, Fran Maes
Research Collection Yong Pung How School Of Law
The EU has the institutions and the comprehensive legal regime to regulate the prevention of vessel-source pollution within the Member States and these are reviewed here together with the international conventions. The EU has been much more proactive since the Erika and Prestige disasters with the adoption of a series of new regulations on the prevention of vessel-source pollution.This legislation also demonstrates an expansion of the competencies of EU institutions towards Member States, and the EU approach, although largely regarded as a success, has also been criticised as tending towards unilateralism.