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Full-Text Articles in Law

Biodiversity 2050: Can The Convention On Biological Diversity Deliver A World Living In Harmony With Nature?, Michelle Mei Ling Lim Feb 2021

Biodiversity 2050: Can The Convention On Biological Diversity Deliver A World Living In Harmony With Nature?, Michelle Mei Ling Lim

Research Collection Yong Pung How School Of Law

The Convention on Biological Diversity’s (CBD) ‘2050 Vision’ aims to achieve, by 2050, a world that is ‘living in harmony with nature.’ Yet biodiversity is threatened globally to an extent never before witnessed in human history. The Global Assessment of the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES Global Assessment)—the largest ever assessment of the global state of biodiversity and ecosystems services—found that a sustainable global future for people and nature remains possible. However, this can only be achieved if we fundamentally redesign our economic, social, and governance systems. It is almost three decades since the CBD, the …


The 2018 Agreement To Prevent Unregulated High Seas Fisheries In The Central Arctic Ocean: A Critical Analysis, Valentin Schatz, Alexander Proelss, Nengye Liu Apr 2019

The 2018 Agreement To Prevent Unregulated High Seas Fisheries In The Central Arctic Ocean: A Critical Analysis, Valentin Schatz, Alexander Proelss, Nengye Liu

Research Collection Yong Pung How School Of Law

Following almost ten years of negotiations, the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean (CAO F Agreement) was concluded on 3 October 2018 in Ilulissat, Greenland. The CAO F Agreement is the first regional fisheries agreement adopted prior to the initiation of fishing in a specific area, and it has already been lauded as a science-based measure and a manifestation of the precautionary approach by representatives of States and Non- Governmental Organizations. This article provides a critical analysis of the content of the CAO F Agreement. It gives an overview of the negotiations which led …


The European Union And The Establishment Of Marine Protected Areas In Antarctica, Nengye Liu Nov 2018

The European Union And The Establishment Of Marine Protected Areas In Antarctica, Nengye Liu

Research Collection Yong Pung How School Of Law

This paper examines how the EU can best use its powers to establish marine protected areas (MPAs) in Antarctica. It first discusses the EU’s role in Antarctic governance and legal basis for the EU’s actions, with particular focus on the pending Joined Cases C-625/15 and C-659/16 at the Court of Justice of the European Union. Secondly, the paper analyses the negotiation process of the EU’s MPA proposals in the Southern Ocean within the Commission for the Conservation of Antarctic Marine Living Resources. Thirdly, it provides suggestions regarding the EU’s potential actions that might help achieve proposed Antarctic MPAs.


Reframing The Sustainable Development Goals To Achieve Sustainability In The Anthropocene — A Systems Approach, Michelle Mei Ling Lim, Peter Sogaard Jorgensen, Carina Wyborn Oct 2018

Reframing The Sustainable Development Goals To Achieve Sustainability In The Anthropocene — A Systems Approach, Michelle Mei Ling Lim, Peter Sogaard Jorgensen, Carina Wyborn

Research Collection Yong Pung How School Of Law

Griggs et al. (2013) redefine sustainable development as “development that meets the needs of the present while safeguarding Earth’s life-support system, on which the welfare of current and future generations depend.” We recommend this as the end goal that the United Nations sustainable development goals (SDGs) should strive to achieve. Integration across the SDGs is less than what is required from a science perspective. Effective implementation of the SDGs will require States to attend to trade-offs and overlaps. We argue that continuous failure to address integration within the SDGs will jeopardize realization of this ultimate end goal. Therefore, we adopt …


Will China Build A Green Belt And Road In The Arctic, Nengye Liu Apr 2018

Will China Build A Green Belt And Road In The Arctic, Nengye Liu

Research Collection Yong Pung How School Of Law

This article aims to shed light on two questions: what are the implications of China's Belt and Road Initiative (BRI) for Arctic governance? And what are the environmental implications of the BRI for the Arctic? The article first discusses the interaction between China's BRI and Arctic policy, examining the vision that China would like to use the BRI to shape Arctic governance. The article focuses on the environmental components of the BRI. It explores whether China's current regulatory regimes are sufficient to help ensure a green Belt and Road in the Arctic.


Early Career Experts Essential For Planetary Sustainability, Michelle Mei Ling Lim, Abigail J Lynch, Álvaro Fernandez-Llamazares, Et Al. Dec 2017

Early Career Experts Essential For Planetary Sustainability, Michelle Mei Ling Lim, Abigail J Lynch, Álvaro Fernandez-Llamazares, Et Al.

Research Collection Yong Pung How School Of Law

Early-career experts can play a fundamental role in achieving planetary sustainability by bridging generational divides and developing novel solutions to complex problems. We argue that intergenerational partnerships and interdisciplinary collaboration among early-career experts will enable emerging sustainability leaders to contribute fully to a sustainable future. We review 16 international, interdisciplinary, and sustainability-focused early-career capacity building programs. We conclude that such programs are vital to developing sustainability leaders of the future and that decision-making for sustainability is likely to be best served by strong institutional cultures that promote intergenerational learning and involvement.


Condominium Arrangements As A Legal Mechanism For The Conservation Of The South China Sea Large Marine Ecosystem, Michelle Mei Ling Lim, Nengye Liu Jun 2017

Condominium Arrangements As A Legal Mechanism For The Conservation Of The South China Sea Large Marine Ecosystem, Michelle Mei Ling Lim, Nengye Liu

Research Collection Yong Pung How School Of Law

The South China Sea Large Marine Ecosystem is one of the world's richest marine biodiversity areas. The sea area is however the site of increasing tensions between its ten coastal States, six of which have competing claims in the South China Sea. The expanding populations and economies of the coastal States have also resulted in the growing depletion of the Sea's rich marine resources. Coordinated approaches are needed to protect the unique biodiversity and natural resources of the South China Sea at the appropriate ecological scale. The continuation of sovereignty disputes are detrimental to all coastal states as well as …


The Use Of Scenarios In Legal Education To Develop Futures Thinking And Sustainability Competencies, Michelle Mei Ling Lim, Andrew Allan Dec 2016

The Use Of Scenarios In Legal Education To Develop Futures Thinking And Sustainability Competencies, Michelle Mei Ling Lim, Andrew Allan

Research Collection Yong Pung How School Of Law

Achieving sustainability requires a populace equipped to deal with complex, interacting and ever-changing realities as well as uncertain futures. There is however a significant lack of focus on developing sustainability competencies within legal and governance education. Legal education plays a key role in shaping sustainable futures. Long-term sustainability relies on lawyers, judges and policy-makers being able to make optimal decisions in the present when faced with significant uncertainty about the future. This paper discusses how the combination of problem-based learning (PBL) and scenario-based pedagogical approaches can provide an authentic contextualised learning environment to empower law students to deal with the …


Governance Criteria For Effective Transboundary Biodiversity Conservation, Michelle Mei Ling Lim Aug 2015

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 Protect Marine Biodiversity In The Changing Arctic: A Roadmap, Nengye Liu, Elizabeth Kirk Jan 2015

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.


Is Water Different From Biodiversity- Governance Criteria For The Effective Management Of Transboundary Resources, Michelle Mei Ling Lim Apr 2014

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 Mar 2014

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.


Prevention Of Vessel-Source Pollution In The South China Sea: What Role Can China Play, Nengye Liu Jan 2013

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 Jan 2013

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.


The European Union And International Maritime Organization: Eu’S External Influence On The Prevention Of Vessel-Source Pollution, Nengye Liu, Frank Maes Oct 2010

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.