Law Commons^™

International Environmental Law Principles Relevant To Exploitation Activity In The Area, Robin M. Warner

Faculty of Law, Humanities and the Arts - Papers (Archive)

The International Seabed Authority is responsible for providing effective protection for the marine environment from the harmful effects of activities in the Area under Article 145 of UNCLOS. To meet this challenge, it must determine the relevant environmental governance principles applicable to each stage of an exploration and exploitation activity and how they can be operationalized in practical terms. This article discusses some key principles of international environmental law and management which are potentially relevant to the exploitation process and in particular the approval of a plan of work for exploitation activities. It also examines the potential legal thresholds for …

How Should Rural Policy Be Evaluated If It Aims To Foster Community Involvement In Environmental Management?, Katrin Prager, Birte Nienaber, Barbara Neumann, Alistair Phillips

Faculty of Law, Humanities and the Arts - Papers (Archive)

This paper brings together different theoretical perspectives to propose an evaluation framework for policies which have the explicit aim to foster communities' involvement in the management of their natural environment in the context of sustainable rural development, such as the EU LEADER programme, Australia's Caring for Our Country, and UNESCO Biosphere Reserves. Previous policy evaluations have over-simplified the complex social-ecological systems on which these policies are intended to act, have lacked specification of the policy level they address and were predicated on the assumption that policies can be designed to produce predictable outcomes. Based on a concept of ‘complex realities’ …

Carbon Offsets Can Do More Environmental Harm Than Good, Sharon Beder

Faculty of Law, Humanities and the Arts - Papers (Archive)

When was the last time you booked a flight? That extra A$1 in the final stages of booking may seem a small price to pay for offsetting the carbon emissions you generate travelling by air. But globally and across consumer companies, offsets are not only green-washing, but can do more harm than good.

Environmental Assessments In The Marine Areas Of The Polar Regions, Robin M. Warner

Faculty of Law, Humanities and the Arts - Papers (Archive)

The marine areas of the polar regions represent some of the most pristine and environmentally sensitive habitats in the world, as well as hosting a variety of threatened species. Environ-mental assessment of human activities with the potential for significant impacts on the spe-cies, habitats and ecosystems of these remote marine areas is an essential component of any governance regime for the polar regions. The term “environmental assessment” as used in this chapter encompasses not only prior environmental impact assessment (EIA), but also ongoing monitoring of impacts on the marine environment, post EIA obligations, strategic envi-ronmental assessment (SEA) and transboundary implementation …

Strategic Environmental Assessment: Lessons For New South Wales, Australia, From Scottish Practice, Andrew H. Kelly, Tony Jackson, Peter Williams

Faculty of Law - Papers (Archive)

Disparate approaches to strategic environmental assessment (SEA) in New South Wales (NSW), Australia and Scotland are compared. The first is fragmented and unfamiliar while the other is well established. A detailed analysis of the use of SEA in each jurisdiction follows a contextual evaluation of its purpose. Whereas the Scottish system is supported by recent regulation and policy, both NSW and the overriding Commonwealth Government follow haphazard actions with few if any settled methodologies. In order to improve its environmental assessment credentials and promote more sustainable development outcomes, NSW might consider the need for SEA more seriously. Investigation of other …

Balancing The Tensions Between Shipping And Marine Environmental Protection In The Straits Of Malacca And Singapore: Have The Straits Reached An Environmental Tipping Point?, Mohd Mohd Rusli

Faculty of Law - Papers (Archive)

Having reputations as two of the world's most critical straits for international shipping activities, the problem of vessel-source pollution has always been endemic in the Straits of Malacca and Singapore. With the projected steady increase of navigational traffic through the Straits of Malacca and Singapore each year, this situation would eventually create more intricate situations for the littoral States of the Straits, namely Malaysia, Indonesia and Singapore especially in maintaining the marine environment of the Straits from vessel-source pollution. Therefore, this article ventures into possible shipping control mechanisms available to the littoral States, namely measures provided by the IMO and …

Gaps In The Implementation Of Environmental Law At The National, Regional And Global Level, Gregory L. Rose

Faculty of Law, Humanities and the Arts - Papers (Archive)

Networked integrated and adaptive approaches to implementation and compliance may be the signature of the emerging generation of environmental law.

The first generation of environmental law saw the creation of specialist environmental administrations and the introduction of a suite of laws for them to administer on environmental impact assessment, pollution control, wilderness conservation and threatened species conservation. This was the generation of the 1972 Stockholm Conference on the Human Environment.

The second generation of environmental law saw a shift in focus to sustainable development, reflecting the increased participation of developing countries in international diplomatic initiatives on the environment. It signified …

Marine Snow Storms: Assessing The Environmental Risks Of Ocean Fertilization, Robin M. Warner

Faculty of Law - Papers (Archive)

The threats posed by climate change to the global environment have fostered heightened scientific interest in marine geo-engineering schemes designed to boost the capacity of the oceans to absorb atmospheric carbon dioxide. This is the primary goal of a process known as ocean fertilization which seeks to increase the production of organic material in the surface ocean in order to promote further draw down of photosynthesized carbon to the deep ocean. This article describes the process of ocean fertilization, its objectives and potential impacts on the marine environment and some examples of ocean fertilization experiments. It analyses the applicability of …

Protecting The Diversity Of The Depths: Environmental Regulation Of Bioprospecting And Marine Scientific Research Beyond National Jurisdiction, Robin M. Warner

Faculty of Law - Papers (Archive)

As scientific knowledge of marine areas beyond national jurisdiction increases and developments in oceans technology permit greater access to the high seas water column and the deep seabed, new and more intensive uses of these areas occur with consequential impacts on the marine environment. The discovery of hydrothermal vents in 1977 revealed communities of organisms with unique genetic and biochemical properties which can be used for a seemingly limitless catalogue of medical, pharmaceutical and industrial applications. Similar repositories of genetic and biochemical resources have been discovered in other deep sea environments such as cold water seeps and it is expected …

Australian Approaches To International Environmental Law During The Howard Years, G. L. Rose

Faculty of Law - Papers (Archive)

This paper provides an overview of major Australian developments in international environmental law during the term of the Howard government.

Blurring The Lines Of Environmental Responsibility: How Corporate And Public Governance Was Circumvented In The Ok Tedi Mining Limited Disaster, Judith M. Marychurch, Natalie P. Stoianoff

Faculty of Law - Papers (Archive)

This paper will present the preliminary findings of a research project into the impact of legislative legitimation of environmental damage on corporate governance in multinational companies and on public governance in the nation state. The environmental devastation of the Ok Tedi mine in Papua New Guinea (PNG) will be the focus of the paper.

Environmental Impact Assessment And The Precautionary Principle: Legislating Caution In Environmental Protection, Warwick Gullett

Faculty of Law - Papers (Archive)

A noteworthy feature of international environmental discourse since the late-1980s has been the shift toward anticipatory policies. Precaution is the leading policy approach that has emerged to guide environmental decision-makers confronted with inadequate information. The "precautionary principle" has found expression in Australia in the 1992 Intergovernmental Agreement on the Environment, various Commonwealth environmental management strategies and a number of pieces of Commonwealth and State legislation. It also has been accepted tentatively by the courts as a factor which should be taken into account in appropriate circumstances. However, existing Australian environmental management approaches fail to advance precaution in a substantive manner. …

Environmental Protection And The Precautionary Principle: A Response To Scientific Uncertainty In Environmental Management, Warwick Gullett

Faculty of Law - Papers (Archive)

The principle of precautionary action has been presented by some of its advocates as nothing less than a monumental paradigm shift in environmental management. It is essentially a new legal response to the scientific uncertainties surrounding the capacity ofthe environment to cope with the increasing demands placed upon it. This article outlines why our knowledge of environmental processes is inadequate and addresses the rationale and content of the "precautionary principle", tracing its development from an uncontroversial espousal of commonsense to its emergence as a potentially forceful decision-making norm. It will be argued tliat although the principle has definitional and implementational …