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1
Pérez, Antonio Vázquez, Dolores Rosalía Cedeño Meza, Ángel Fabián Erazo Chávez, Mayra Alejandra Moreira Macías, and Lenin Rodrigo Guerrero Cedeño. "International environmental law and its legal implication." International journal of life sciences 5, no. 1 (2021): 1–13. http://dx.doi.org/10.29332/ijls.v5n1.1120.
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The objective of the work is to offer a reflection of the place that international environmental law occupies as and its influence so that, at the internal level of the countries, binding norms are adopted, in the interest of environmental protection. The relevance of environmental law consists of the need to achieve regulatory solutions, to the pressure to which environmental systems are subjected. It is necessary to regulate the behaviors that imply consequences on the environment, to be managed through the law as legal norms that ensure respect for nature and achieve sustainable development. The analysis is carried out in a temporary context of 30 years, since the branch of law emerged on an international scale, with the constitutional movement in some Latin American countries and especially in Ecuador. For this, the comparative legal method was applied and the Desk Research method of investigation was used for the bibliographic review. The influence of international norms for the current development of Ecuadorian environmental law is exposed.
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Handayani, Irawati, and Anisa Fauziah. "ENVIRONMENTAL-INDUCED DISPLACEMENT: POTENTIAL PROTECTION UNDER INTERNATIONAL LAW?" Yustisia Jurnal Hukum 9, no. 2 (2020): 168. http://dx.doi.org/10.20961/yustisia.v9i2.43507.
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<em>Climate change, environmental degradation, and natural disasters are some of the push factors of cross-border displacement. The consequence of this movement is the loss of legal protection from the country of origin of the displaced persons. They are not categorized as refugees as such and no international law specifically regulates the protection of climate displaced persons. This paper will try to analyze the legal protection of climate refugees based on international law. The paper elaborates the context of migration caused by climate change and its relevance with the 1951 Convention on the Status of Refugee, possibility of interpretation of the convention to cover environmental induced displacement and protection under international human rights instruments. The research concludes that it is quite difficult to include climate change-induced displacement under the 1951 Convention on the Status of Refugee even through interpretation. However, it does not mean that the people cannot be protected. International law, especially International Human Rights Law extends protection to peoples belongs to that group.</em>
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Parks, Louisa, and Elisa Morgera. "Research Note: Reflections on Methods from an Interdisciplinary Research Project in Global Environmental Law." Transnational Environmental Law 8, no. 3 (2019): 489–502. http://dx.doi.org/10.1017/s204710251900027x.
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AbstractThis research note reflects on the methods (as distinct from methodology) used in a five-year interdisciplinary and multi-site research project in global environmental law, and their links to questions of research ethics. We highlight the iterative processes that proved necessary to compare five case studies on local communities engaged in varied discussions on fair and equitable benefit sharing in different regions of the world and their implications for international environmental law. The note recommends explicit reflection on research methods and ethics to acknowledge and address power relationships in global environmental law research.
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Aini, Desy Churul, and Desia Rakhma Banjarani. "ENVIRONMENTAL PROTECTION IN ARMED CONFLICT ACCORDING TO INTERNATIONAL HUMANITARIAN LAW." Tadulako Law Review 3, no. 1 (2018): 12. http://dx.doi.org/10.22487/j25272985.2018.v3.i1.10364.
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The environment is a victim of various armed conflicts that occur in some parts of the world. Such as Congo war in 1998 that create environmental damage like deployment of the HIV-AIDS virus, the extinction of national parks, wildlife poaching and the forest burning. In addition the Rwanda civil war in 1994 affected the loss of biodiversity, natural resources and population decline in rare animals such as the African Gorillas. While the former Yugoslavia war in 1991 that impact in environmental pollution of water, air and land that threaten human survival.The environment becomes a victim when the war was happend its caused the human, but on the other side, the environment can’t be separated from human life because somehow humans need the environment to. However, when the war was happend human can’t maintaining the environment even though there have been rules that regulate about the protection of the environment when the war takes place. Therefore, its necessary to analysed an environmental protection in armed conflict according to international humanitarian law.This research is discusses about how an environmental protection in armed conflict according to international humanitarian law, which aims to explain the regulations that apply to protect the environment at the armed conflict. This research uses normative law approach (literature research).The results of this study show that environmental protection in armed conflict is regulated in the conventions of international humanitarian law both from the Hague Law and the Geneva Law. In The Hague law the environmental protection is governed by the IV Hague Convention 1907of respecting the laws and customs of war and land Art 23 (g) and Art 55. In the Geneva Law an environmental protection is contained in the IV Geneva Convention 1949 Art 53 and Additional Protocol I in 1977 Art 35 (3), 54, 55, 56, 59, and Art 68. Basically both of Geneva and Hague Law against the use of weapons during the war that have an effected in environmental damage and the existence of precautions in the war on environmental protection life. Beside the Geneva and the Hague Law there are have other arrangements to protect the environment in the event of a war that is in ENMOD Convention Art 1 and 2.
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Lange, Felix. "The Intellectual History of International Law as a Research Field—“Lauterpacht and Beyond: Jewish/German Authorship and the History of International Law”." German Law Journal 13, no. 6 (2012): 793–805. http://dx.doi.org/10.1017/s2071832200020757.
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Publications on the history of international law written during the Cold War can almost be counted on one hand. A pragmatically-oriented generation studied practical areas like UN Charter law, international trade law, or international environmental law, while the theory and history of international law played only a secondary role. An intellectual history of international law, asking which ideas and concepts inspired and formed international law writing, hardly received any attention.
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Emina, Kemi Anthony. "Overview of Environmental Jurisprudence within Environmental Ethics." Jurnal Office 6, no. 1 (2020): 53. http://dx.doi.org/10.26858/jo.v6i1.15007.
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Environmental Jurisprudence’s highest achievement is its codification of a change in ethics, and a legal recognition that both individual and governmental agency responsibility extend to the natural world. This article provides an overview of Environmental Jurisprudence as it relates to environmental ethics. It examines both the foundation of Environmental Jurisprudence as well as the concept of human rights. The article also critically discusses international environmental law from the perspective of human rights. This research concludes by arguing that despite the attempt made in the international regime for adding eco-centric values in environmental law, environmental jurisprudence to date has continued with anthropocentric ideas with all concerns for safeguarding the means of human survival.
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Kindt, John Warren. "The claim for limiting marine research: Compliance with international environmental standards." Ocean Development & International Law 15, no. 1 (1985): 13–35. http://dx.doi.org/10.1080/00908328509545765.
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Prakasa, Satria Unggul Wicaksana. "ECOCIDE CRIMES & OMNIBUS LAW: REVIEW OF INTERNATIONAL LAW AND ITS IMPLICATIONS ON INDONESIA LAW." Jurnal Dinamika HAM (Journal of Human Rights) 12, no. 2 (2021): 14. http://dx.doi.org/10.24123/jdh.v12i2.2898.
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Abstract: Omnibus Law which seeks to simplify 79 laws and 1288 articles. The Omnibus Law, a number of articles has the potential to remove the protection of rights, obsess over the human rights of citizens, particularly in relation to civil and political, economic, social and cultural rights, and with regard to law enforcement for environmental destroyers who are weak. The research used socio-legal research methods. The results of the study are the limitations in prosecuting perpetrators of ecoside crimes only in war crimes, making it difficult to hold responsibility for crimes committed, both against individuals and multinational/transnational corporations. Omnibus Law has enormous potential to perpetuate the practice of ecocide crime systematically both in the political, legal, and socio-economic, cultural aspects. Thus, there is no reason to strengthen that the Omnibus Law is in fact favoring environmental destruction, and perpetuating the practice of impunity for perpetrators of environmental damage crimes.
 
 Keywords: Ecoside Crimes, Law Enforcement, Omnibus Law
 
 Abstrak: RUU Omnibus Law Cipta Kerja yang berupaya menyederhanakan 79 UU dan 1.288 Pasal. RUU Omnibus Law Cipta Kerja, sejumlah pasal berpotensi menghapus perlindungan hak, merepsesi HAM warga negara, khususnya terkait dengan hak-hak sipil dan politik dan ekonomi, sosial dan budaya. Serta berkenaan dengan penegakkan hukum bagi perusak lingkungan yang lemah. Metode penelitian yang digunakan adalah menggunakan metode penelitian sosio-legal. Hasil penelitian adalah Keterbatasan dalam penuntutan pelaku kejahatan ekosida hanya pada kejahatan perang membuat sulitnya meminta pertanggungjawaban atas kejahatan yang dilakukan, baik terhadap individu maupun korporasi multinasional/transnasional. RUU Omnibus Law Cipta Kerja menjadi potensi yang sangat besar untuk melanggengkan praktik kejahatan ekosida yang secara sistematis baik dalam aspek politik hukum, maupun sosial ekonomi, kebudayaan. Sehingga, tidak ada alasan yang menguatkan bahwa RUU Omnibus Law Cipta Kerja ini justru memihak pada pengrusakan lingkungan, serta melanggengkan praktik impunitas bagi pelaku kejahatan kerusakan lingkungan.
 Kata kunci: Kejahatan Ekosida, Penegakkan Hukum, RUU Omnibus Law
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Robertson, Margaret. "A Review of “International handbook of research on environmental education”." International Research in Geographical and Environmental Education 22, no. 2 (2013): 172–75. http://dx.doi.org/10.1080/10382046.2013.778714.
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Mitchell, Ronald, and Thomas Bernauer. "Empirical Research on International Environmental Policy: Designing Qualitative Case Studies." Journal of Environment & Development 7, no. 1 (1998): 4–31. http://dx.doi.org/10.1177/107049659800700102.
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Mitchell, Ronald B., Liliana B. Andonova, Mark Axelrod, et al. "What We Know (and Could Know) About International Environmental Agreements." Global Environmental Politics 20, no. 1 (2020): 103–21. http://dx.doi.org/10.1162/glep_a_00544.
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Initiated in 2002, the International Environmental Agreements Data Base (IEADB) catalogs the texts, memberships, and design features of over 3,000 multilateral and bilateral environmental agreements. Using IEADB data, we create a comprehensive review of the evolution of international environmental law, including how the number, subjects, and state memberships in IEAs have changed over time. By providing IEA texts, the IEADB helps scholars identify and systematically code IEA design features. We review scholarship derived from the IEADB on international environmental governance, including insights into IEA membership, formation, and design as well as the deeper structure of international environmental law. We note the IEADB’s value as a teaching tool to promote undergraduate and graduate teaching and research. The IEADB’s structure and content opens up both broad research realms and specific research questions, and facilitates the ability of scholars to use the IEADB to answer those questions of greatest interest to them.
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Sowers, Jeannie L., Erika Weinthal, and Neda Zawahri. "Targeting environmental infrastructures, international law, and civilians in the new Middle Eastern wars." Security Dialogue 48, no. 5 (2017): 410–30. http://dx.doi.org/10.1177/0967010617716615.
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Research in conflict studies and environmental security has largely focused on the mechanisms through which the environment and natural resources foster conflict or contribute to peacebuilding. An understudied area of research, however, concerns the ways in which warfare has targeted civilian infrastructure with long-term effects on human welfare and ecosystems. This article seeks to fill this gap. We focus on better understanding the conflict destruction of water, sanitation, waste, and energy infrastructures, which we term environmental infrastructures, by drawing on an author-compiled database of the post-2011 wars in the Middle East and North Africa (MENA). While research across the social sciences has examined the targeting of civilians and environmental destruction during wars, including the issue of urbicide, we expand the study of targeting environmental infrastructure to (1) examine the role of different types of actors (international vs. subnational), (2) document the type of infrastructure targeted, form of attack, and impacts, and (3) situate increased targeting of environmental infrastructure in the changing context of war-making in the MENA. Comparatively analyzing the conflict zones of Libya, Syria, and Yemen, we show that targeting environmental infrastructure is an increasingly prevalent form of war-making in the MENA, with long-term implications for rebuilding states, sustaining livelihoods, and resolving conflicts.
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Zaikina, D. "INTERNATIONAL CO-OPERATION IN THE FIELD OF ENVIRONMENTAL PROTECTION: IMPLEMENTATION AND TRENDS ESTABLISHMENT IN UKRAINE." JOURNAL of Donetsk mining institute, no. 2 (2020): 118–26. http://dx.doi.org/10.31474/1999-981x-2020-2-118-126.
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The purpose of the work is to assess the scope of action of international environmental standards, focusing on existing gaps, including in the light of the parallel evolution of bilateral and multilateral international cooperation in the field of environmental protection. Research methods. An integrated approach is applied, including the logical generalization, collection, systematization and analysis of actual data; methods of system analysis. Results. In this article recent advances in international environmental law are summarized and provisions, concepts, analytical tools, and key issues used to achieve environmental goals are studied. The analysis was conducted by logical generalization and proved that application of international environmental law remains a topical issue both at the national and international levels. In many countries, national application is constrained by the lack of appropriate national legislation, financial resources, environmentally sound technologies and institutional capacity. National application can be improved by increasing the relevance of environmental considerations in other sectors and increasing participation of non-state actors in decision making and application. Scientific novelty consists in the author’s approach to determining the priority directions for optimizing the application of international law in the field of environmental protection, the use of regulatory combinations, economic, voluntary and informational instruments is required, while a set of policy measures is determined on the basis of available data on cost effectiveness. Practical significance is that scientific research clearly, accessibly and consistently demonstrates the imperative for complex regulatory regimes with more flexible and dynamic standards-setting processes, necessitating a pragmatic and forward-looking approach.
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Wijaya, Endra, Kikin Nopiandri, and Habiburrokhman Habiburrokhman. "DINAMIKA UPAYA MELAKUKAN SINERGI ANTARA HUKUM PERDAGANGAN INTERNASIONAL DAN HUKUM LINGKUNGAN." Jurnal Hukum dan Peradilan 6, no. 3 (2017): 487. http://dx.doi.org/10.25216/jhp.6.3.2017.487-508.
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In international trade activity, the law exists and becomes one of the important components to ensure the trading activity runs effectively, efficiently, and fair. Gradually, international trade system has started to embed environmental law issue to become its part of the system, and this process has begun since people realized that environment should be protected in order to support the sustainable development process. Currently, environmental law issue becomes an important condition for most of the international trade relations which are being done or will be done by subjects of the international trade. This paper focuses on how environmental law is being synergized within international trade system. The library research method will be used to explore that topic.Keywords: environmental law, international trade, international agreement
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Robottom, Ian. "From a distance: An international perspective on research in Environmental Education." International Research in Geographical and Environmental Education 1, no. 1 (1992): 65–68. http://dx.doi.org/10.1080/10382046.1992.9964884.
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CHATURVEDI, Ipshita. "Sustainable Consumption: Scope and Applicability of Principles of International Law." Chinese Journal of Environmental Law 2, no. 1 (2018): 5–27. http://dx.doi.org/10.1163/24686042-12340020.
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Abstract The role of sustainable development has been increasingly recognized in international environmental law as a way to reconcile poverty eradication and resource exploitation with environmental protection. By contrast, little attention has been given to the concept of sustainable consumption. When international law mentions sustainable consumption, consumption and production are generally considered together, for instance in Goal 12 of the Sustainable Development Goals, addressing responsible consumption and production, and in UNEP’s 10-year sustainable ‘consumption and production programme.’ While some research on sustainable consumption has been conducted in sociology and anthropology, the focus in international environmental law has remained on production rather than consumption. This article seeks to open up a discussion on how consumption should be viewed and defined legally, and the role that law could play in promoting sustainable consumption.
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Balsiger, Jörg, and Stacy D. VanDeveer. "Navigating Regional Environmental Governance." Global Environmental Politics 12, no. 3 (2012): 1–17. http://dx.doi.org/10.1162/glep_e_00120.
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Global environmental governance is growing increasingly complex and recent scholarship and practice raise a number of questions about the continued feasibility of negotiating and implementing an ever-larger set of global environmental agreements. In the search for alternative conceptual models and normative orders, regional environmental governance (REG) is (re)emerging as a significant phenomenon in theory and practice. Although environmental cooperation has historically been more prevalent at the regional than at the global level, and has informed much of what we know today about international environmental cooperation, REG has been a neglected topic in the scholarly literature on international relations and international environmental politics. This introduction to the special issue situates theoretical arguments linked to REG in the broader literature, including the nature of regions, the location of regions in multilevel governance, and the normative arguments advanced for and against regional orders. It provides an overview of empirical work; offers quantitative evidence of REG's global distribution; advances a typology of REG for future research; and introduces the collection of research articles and commentaries through the lens of three themes: form and function, multilevel governance, and participation.
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Liu, Zhong Mei, and Xu Kun Wang. "China’s Environmental Governance and Law Development Review Based on Co-Word Analysis." Applied Mechanics and Materials 295-298 (February 2013): 2172–76. http://dx.doi.org/10.4028/www.scientific.net/amm.295-298.2172.
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The research and development situation of environmental governance in the past thirty years may be intuitively acquired with the co-word analysis in the interdisciplinary environmental law. This paper analyzes the research focus and transformation situation of China’s environment governance and law by searching related papers with the subject words “environmental law” in Chinese Journal Full-text Database. The co-word analysis results show environmental law research showed five main knowledge focuses, such as international environmental law, sustainable development, environmental right, participation, and environment conservation. And according to the co-word analysis, environmental law research may be divided into four stages: foundation, prosperity, from theory to practice transformation, and challenge stage of environmental law response to new environment problems. By analysis of the research focus, we can know China’s researchers in the environmental governance policy or law should strengthen the scientific, pertinence and prospective characteristics of environmental law research, make interdisciplinary and comprehensive study combined with China long-term science and technology development.
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Zhou, Yankun, and Hongtao Shen. "Supervision of environmental enforcement and corporate environmental performance." Nankai Business Review International 10, no. 1 (2019): 42–66. http://dx.doi.org/10.1108/nbri-06-2018-0036.
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PurposeThis study aims to deem the new policy – talk for environmental protection – promoted in the second half of 2014 to be the exogenous event and adopts PSM and DID to verify whether and how the central government’s mechanism of supervision of environmental enforcement improves firm environmental performance and reveals the micro effect and working mechanism of the supervision of environmental enforcement.Design/methodology/approachThe researchers first select reasonable control groups for target districts by means of PSM, then apply DID to compare corporations in the treatment group with those in the control group for the change of environmental performance before and after the talk for environmental protection, so as to evaluate the micro-level effect of such talks on corporate environmental performance; after that, the research examines the working mechanism of such talks on corporate environmental performance; then, it goes a step further to find out the environmental impact of such talks on corporations of different natures of property right.FindingsIt is found from the research that the talk for environmental protection will effectively improve the environmental performance of corporations in the target districts, and the improvement of environmental performance in state-owned corporations in the target districts will be more evident. However, such improvements, to a certain extent, are achieved by reducing the output value, and corporations do not increase environmental investments from a long-term perspective.Research limitations/implicationsFirst, the targets of the talk for environmental protection are mainly principals of municipal governments, but the research expands the scope to the whole province due to the small sample at the municipal level. Despite evidences showing that such a pressure of supervision impacts the whole province, the results obtained based on the data at the municipal level will be accurate. Second, the research selects a relatively short research period. Third, due to the limited data on corporate environmental performance in China, the research selects only listed companies from key monitored and controlled firms by state.Practical implicationsFirst, for the central government, environmental policy making is not the end of its job; it shall also supervise local governments’ work at environmental governance and properly handle its relationship with local governments. Second, for the local governments, in the course of implementing environmental policies, they should not only strengthen law enforcement but keep the continuity of law enforcement to avoid moving law enforcement. Third, in the long run, corporations must start from the source of production to enhance environmental governance and make cleaner production, so as to keep boosting corporate competitiveness and their ability of fighting risks.Originality/valueFirst, the research innovatively provides empirical evidence about the effect of China’s supervision of environmental enforcement. Previous studies on this topic are mostly theoretical discussions only, while this research makes the talk for environmental protection the exogenous event about the supervision of law enforcement and achieves breakthroughs in empirical studies of administrative enforcement supervision. Second, the research pushes the studies on the implementation effect of environmental policies from a medium level to a micro level. Third, the research achieves some breakthroughs in the data for measuring corporate environmental performance.
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Majekolagbe, Adebayo. "Rosemary Rayfuse, ed., Research Handbook on International Marine Environmental Law (Cheltenham: Edward Elgar, 2015), 492 pp." Ocean Yearbook Online 34, no. 1 (2020): 602–9. http://dx.doi.org/10.1163/22116001-03401035.
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Mitchell, Ronald B. "A Quantitative Approach to Evaluating International Environmental Regimes." Global Environmental Politics 2, no. 4 (2002): 58–83. http://dx.doi.org/10.1162/152638002320980623.
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Quantitative analysis of environmental regime effects can complement qualitative analyses by allowing investigation of variation in the effects of different regimes as well as the causes and conditions that explain that variation. Such analysis involves developing metrics that allow comparison of the influence of disparate regimes, models that distinguish regime influence from other explanatory factors, and data sets of independent and dependent variables of sufficient quality to support quantitative analysis. The many theoretical, methodological, and empirical obstacles to undertaking quantitative research on regime effectiveness are daunting but surmountable. By using data regarding component parts of regimes (“subregimes”) broken down to the country and year level, quantitative techniques offer promise in identifying which regimes induce greater behavioral change and greater “effort” and, more importantly, what characteristics of those regimes and the context in which they operate explain their greater success.
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Lawson, Rowena. "A study of international fisheries research." Marine Policy 17, no. 4 (1993): 322–24. http://dx.doi.org/10.1016/0308-597x(93)90088-k.
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NELSON, MICHAEL, and MYWISH K. MAREDIA. "INTERNATIONAL AGRICULTURAL RESEARCH AS A SOURCE OF ENVIRONMENTAL IMPACTS: CHALLENGES AND POSSIBILITIES." Journal of Environmental Assessment Policy and Management 09, no. 01 (2007): 103–19. http://dx.doi.org/10.1142/s1464333207002652.
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This paper deals with conceptual and methodological issues arising in ex post environmental impact assessment of agricultural research. It presents a case study of approaches used (and not used) and challenges associated with the ex post assessment of environmental impacts of research supported by the Consultative Group on International Agricultural Research (CGIAR). The paper illustrates the difficulty of tracking the global effects of agricultural research on natural resources due to a diffused and complex set of decision variables effecting intensification and expansion of land in agriculture, primarily in developing countries. The central point in ex post impact assessment concerns costs and benefits (in terms of relevant budget constraints and time frame for decision) of in-depth empirical versus qualitative analysis. Within this context we conclude that the empirical counterfactual approach ("with" and "without" research) is not an option. As a second best alternative, it is inferred from cases and global statistics that: in specific instances the introduction of high yielding varieties did have unintended impacts on natural resources, in part due to policy distortion and in part due to unforeseen chain reactions in the ecosystems. But on net balance, increased yields attributable to international agricultural research have had positive environmental impacts in the form of net land saving.
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Wu, Meifen, Ruyin Long, Yun Bai, and Hong Chen. "Knowledge mapping analysis of international research on environmental communication using bibliometrics." Journal of Environmental Management 298 (November 2021): 113475. http://dx.doi.org/10.1016/j.jenvman.2021.113475.
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Jappe, Arlette. "International collaboration in global environmental research: a comparison of the International Geosphere Biosphere Program and the International Hydrological Program." Science and Public Policy 36, no. 3 (2009): 183–97. http://dx.doi.org/10.3152/030234209x427086.
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Dr. Ram Charan Meena. "International Treaties And Law Of Environment In India: An Overview." Research Ambition: An International Multidisciplinary e-Journal 6, no. II (2021): 27–35. http://dx.doi.org/10.53724/ambition/v6n2.05.
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To address environmental issues that India and other countries face, it is essential and very important to commence action at all levels like global, regional, national, local, and community. It is not adequate to have international agreements, treaties and instruments on environmental issues and various problems but completion, implementation and enforcement of these policies and agreements to a large extent determine their impact and effectiveness. In the last few decades, there has been an increasing concern and consciousness about the need to protect the environment, nationally and internationally. Under the structure of the Indian Constitution, a number of Articles are enumerated in which environmental duties to preserve the natural resources of the country have been stated like Articles 48–A and 51–A[g]. Additionally, the Constitution also provides procedures in Articles 252 and 253 for adopting national legislations in regard to the needs of the States. The constitutional mandates and other environmental laws or regulations in India effective, successful and urgent need to streamline enforcement. The creative and innovative role of Indian Judiciary and National Green Tribunal [NGT] has been significant and laudable in this era. In this research paper, an effort has been made to momentarily outline the various Indian legislations and international treaties relating to the environment, which are mainly and more relevant to protect and improve the environment in India. The enforcement, scope and limit of these legislations has also been critically examined and evaluated in systematically manner. Protection of the environment and keeping ecological balance in Indian scenario unaffected is a task which not only the Government but also every individual, association, society, industry and corporation must undertake. It is a social compulsion and fundamental duty enshrined in Article 51–A[g] of the Indian Constitution.
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Aimée Murphie, T. L. "Protection of Environment during Armed Conflicts." Review of Business and Economics Studies 6, no. 2 (2018): 19–29. http://dx.doi.org/10.26794/2308-944x-2018-6-2-19-29.
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Environmental protection during the armed conflicts is rarely considered as a prioritized concern. Due to the concept of state sovereignty, this is especially problematic when examining interference of warfare and environmental protection in non-international conflicts. Not only it is challenging to find any exhaustive and explicit legal provisions regulating the matter, but this issue has also been forgotten by international legal scholars. Therefore, in this article, the author reviews are written and customary norms laid down in documents of different branches of international law, such as human rights law, international humanitarian law, environmental law and international criminal law, which directly or by way of interpretation may favour environmental protection during the internally armed conflict. This is to be done in order to gather information about the sufficiency of the legal framework on the preservation of the environment during the non-international armed conflicts. After doing this research, a few possible means to improve current legal framework are suggested. The author suggests to impose civil liability, enact new comprehensive document, initiates changes in international criminal law and other.
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Dauvergne, Peter. "Cancer and Global Environmental Politics: Proposing a New Research Agenda." Global Environmental Politics 5, no. 3 (2005): 6–13. http://dx.doi.org/10.1162/1526380054794943.
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More than six million people die of cancer every year. Over the next two decades, the World Health Organization predicts global cancer rates will rise to 10 million deaths annually. What is the impact of the global political and economic processes of environmental change on cancer rates? Why, given the strong intuitive reasons to worry about the carcinogenic effects of global environmental change, is there so little research on this topic? What is the political role of science, corporations, nongovernmental organizations and international institutions on cancer research and cancer rates? What is the impact of global patterns of trade, financing, production and consumption on research and rates? This article charts the current social science literature on cancer and global environmental change with the hope of encouraging scholars of global environmental politics to pursue a new research agenda around questions like these.
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Ермаков, A. Ermakov, Ермаков, and Dmitriy Ermakov. "Environmental Safety: Condition, Problems, Prospects." Safety in Technosphere 4, no. 4 (2015): 69–76. http://dx.doi.org/10.12737/14437.
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VII Nevsky International Ecological Congress &#34;Environmental Safety Strategies: Implementation Tools&#34; took place on
 May 28–29th 2015 in St. Petersburg. The congress has been heldsince 2008. The main goal of this congress is to assist in the
 development of international system of environmental safety through international collaboration, to improve international
 environmental law, and to coordinate the legislation of members of the Common wealth of Independent States that regulates
 public relations in interaction between society and nature. In this article, we present basic results of discussion of the problems
 of Russian environmental safetyin international context (including the project of Strategy of ecological security of the Russian
 Federation for the period until 2025). Members of legislative and executive branches of the government, representatives of
 international organizations, business communities, educational and research establishments, mass media from 32 countries
 and 62 regions of Russia discussed issues during the plenary session and round tables.
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Bianchi, Andrea, and Anne Saab. "Fear and international law-making: An exploratory inquiry." Leiden Journal of International Law 32, no. 3 (2019): 351–65. http://dx.doi.org/10.1017/s0922156519000177.
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AbstractEmotions play an important role in cognition and have a significant and all too often neglected influence on (international) law-making processes. Fear, in particular, can be a driver of reasoning and decision-making. Fear of terrorism / immigrants / health threats / food contamination / environmental hazards – to give a few notable examples – influences the perception of risks associated with these issues and consequently impacts international policy- and law-making. International law rules and doctrines are often adopted – if not overtly justified – on the basis of fear and other emotions. This article aims to explore how fear – as both an individual and collective emotion – may affect decision-making processes, be determinative of normative outcomes, and shape security policies at the domestic and international levels. This approach deviates from traditional rationalist understandings of law and emphasizes the role of emotions in apprehending the nature and functioning of legal processes. Hopefully, this exploration will open up interesting avenues for further research on the role of emotions in international legal processes.
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Greaves Siew, Jochelle. "Facing the Future: The Case for A Right to a Healthy Environment for Future Generations under International Law." Groningen Journal of International Law 8, no. 1 (2020): 30–47. http://dx.doi.org/10.21827/grojil.8.1.30-47.
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This paper seeks to examine whether the current framework of international human rights law formally grants the right to a healthy environment to future generations. There has been much debate regarding the effectiveness of international human rights law in guaranteeing environmental sustainability in particular without the consideration of future generations. The right to a healthy environment was specifically chosen both as a means of narrowing the scope of this research and given that future generations are a fundamental concept of international law relating to environmental sustainability. In Section II, all relevant concepts, including ‘future generations’, ‘intergenerational justice and ‘environmental sustainability’ will be defined and explored. In addition, a link will be established between intergenerational equity and sustainable development in light of current literature and scholarly discussion. The following section discusses how the link drawn between environmental protection, human rights protection and environmental sustainability provides for a common approach to fully handling current environmental issues. Subsequently, a positive analysis of present day international legal instruments, customary international law and case law will be conducted, to determine the current status of future generations regarding the right to a healthy environment. Use will also be made of academic literature on the subject, including extensive research carried out by scholars such as Edith Brown Weiss and Bridgit Lewis. To conclude, the findings of each section will be summarised, and a final conclusion will be drawn as to the state of future generations in international law and the potential for the right to a healthy environment to be accorded to them.
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Craik, Neil. "International eia Law and Geoengineering: Do Emerging Technologies Require Special Rules?" Climate Law 5, no. 2-4 (2015): 111–41. http://dx.doi.org/10.1163/18786561-00504002.
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This article explores the adequacy of the international rules on environmental impact assessment to contribute to geoengineering governance, with a focus on three fundamental challenges. First, the near-universal trigger for eia is the likelihood of significant environmental impact, which may prove to be insufficiently precautionary in light of current risk preferences surrounding geoengineering. Second, the scope of eia has traditionally focused narrowly on the assessment of direct physical impacts; however, many of the concerns that geoengineering research raises relate to environmental and social risks associated with downstream technological implications. A third and related challenge is the consultation requirements under eia laws, which focus on affected states and affected members of the public. Because many geoengineering activities are anticipated to impact the global commons, there is no clear institutional mechanism for implementing notification and consultation. Additionally, the broader sets of concerns that geoengineering raises are spatially unbounded, again making the identification of consultation partners uncertain. The article concludes with a discussion of the implications of the challenges and limitations of the rules of eia for geoengineering.
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Weaver, Bobbi Ann. "Research in the Peaceable Kingdom: A Selected, Annotated Bibliography on Animal Law From an International Perspective." International Journal of Legal Information 30, no. 3 (2002): 426–53. http://dx.doi.org/10.1017/s073112650001012x.
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Animal rights and animal welfare issues have reached beyond national boundaries and are now the focus of a variety of international concerns. For example, the current controversy surrounding the sale of bear parts from animals in North America to Asian nations for use in traditional medicines involves the laws of the United States and Canada, the market for bear parts in Asia, and the regulations of trade in endangered species on an international level. Other international animal rights issues include the environmental threat to wildlife in the Antarctica, the importation to the U.S. of coats made from dog and cat pelts, and the impact of animal husbandry on the problem of world hunger.
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Kim, Yoomi, Katsuya Tanaka, and Shunji Matsuoka. "Institutional Mechanisms and the Consequences of International Environmental Agreements." Global Environmental Politics 17, no. 1 (2017): 77–98. http://dx.doi.org/10.1162/glep_a_00391.
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This article examines the institutional mechanisms affecting the environment and economies of the member countries of international environmental agreements (IEAs), particularly focusing on the legalization and flexibility aspects of IEAs. To identify the factors that influence the consequences of IEAs, we applied the Bayesian probit model to a database including 123 IEAs related to 23 international environmental regimes. The environmental consequences data were taken from the existing database and rescored (Böhmelt and Pilster 2010 ; Breitmeier et al. 2006 ), and unintended economic consequences were identified using data from 209 countries. Legally binding IEAs showed a significant improvement of environmental performance, but a significant decrease was related to the presence of inflexible rules. Moreover, decision-making flexibility was positively related to environmental improvement, and negatively related to regime body flexibility. The economic consequences model showed a positive significant impact of the secretariat’s independence on the economies of member countries, while legally binding IEAs showed negative effects. All flexibility elements showed positive impacts on economic consequences. In our research, IEA uncertainty had negative effects on both the environmental and economic aspects; however, we observed positive relationships in the environment and economic analyses when IEAs promoted public goods.
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Dalledonne, Sara. "International environmental law and environmentally harmful space activities: learning from the past for a more sustainable future." Journal of Property, Planning and Environmental Law 13, no. 2 (2021): 139–51. http://dx.doi.org/10.1108/jppel-09-2020-0040.
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Purpose The purpose of this paper is to present and analyse part of the relevant legal instruments currently available for regulating environmentally harmful space activities. Design/methodology/approach This paper opted for a functional research method combined with a comparative methodology. To make the argument, this paper relies on the contextual analysis of primary and secondary sources of law, instrument of soft law and the relevant background material (e.g. journal articles, textbooks, law reform and policy papers). Findings The central section will focus on the principles of international environmental law to outline their utility in the contemporary context. Finally, the conclusive part will point out the several ways in which the use of analogies can shape the outer space regime, especially concerning how those principles that are developed to safeguard the Earth, can also be extended for the protection of the space ecosystem. Originality/value Environmental hazards are rapidly increasing and the current international law and policy on planetary protection are inadequate to meet the challenges of the near future. There is no possibility of an environment-friendly and sustainable future if not strictly connecting it with a comprehensive and transparent acknowledgement of the human mistakes made on Earth. There are valuable lessons to be learned from our past, and it is under this perspective that the trend of polluting the outer space can be reverted. This paper fulfils an identified need to study the correlation between principles of international environmental law, space law and the current situation in the outer space.
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McDermott, Ronan, Charlotte Luelf, Laura Hofmann, and Pat Gibbons. "International law applicable to urban conflict and disaster." Disaster Prevention and Management 26, no. 5 (2017): 553–64. http://dx.doi.org/10.1108/dpm-03-2017-0052.
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Purpose The purpose of this paper is to provide a comprehensive overview of the international legal framework governing urban crises arising from conflict, “natural” and technological disasters. Design/methodology/approach The paper deploys legal analysis to the most relevant bodies of international law pertaining to urban crises and systematically outlines the key legal issues arising. Findings International humanitarian law (IHL) and international human rights law (IHRL) provide important protections to vulnerable persons in both human-made and “natural” disaster settings. While the two bodies of law do not draw explicit distinctions between urban and rural settings, their various provisions, and indeed their silence on, crucial issues that would enhance legal protection in urban settings merit greater attention. Research limitations/implications The paper provides an overview of the sources of international law of most relevance to urban crises. Further research is required into how the urban environment influences their application concretely in urban settings. Practical implications In an era when international law is being challenged from many sources and attention is turning to the increasing potential for urban violence and vulnerability, this paper serves to sensitise the disaster management and humanitarian community to the relevance of international legal frameworks to its activities in urban settings. Originality/value This paper considers the most salient international legal issues arising during crises and compares and contrasts how the different bodies of international law (IHL and IHRL) address each of the kinds of crises (conflict, “natural” or technological disaster), respectively.
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Betsill, Michele M., and Elisabeth Corell. "NGO Influence in International Environmental Negotiations: A Framework for Analysis." Global Environmental Politics 1, no. 4 (2001): 65–85. http://dx.doi.org/10.1162/152638001317146372.
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Current literature on global environmental politics largely considers NGO influence implicit and unproblematic. Responding to several weaknesses in the literature, we propose a coherent research framework for assessing NGO influence in international environmental negotiations. We contend that influence can be said to have occurred when NGOs intentionally transmit information that alters the behavior of negotiators, and call for collecting and analyzing evidence of NGO influence in a more systematic fashion. Our framework, which relies on the use of multiple data types, sources, and methods, controls for over-determination and allows researchers to identify, with a sound degree of confidence, instances of NGO influence in international environmental negotiations. The resulting comparability provides a basis for analysis of NGO influence across cases, and ultimately contributes to better understanding of the variation of NGO influence in global environmental politics.
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BEKEZHANOV, Dauren, Gulnurа KOPBASSAROVA, Ainur ZHUNISPAYEVA, Talgat URAZYMBETOV, and Roza SEILKASSYMOVA. "Environmental Problems of International Legal Regulation of Transboundary Pollution." Journal of Environmental Management and Tourism 12, no. 2 (2021): 392. http://dx.doi.org/10.14505//jemt.v12.2(50).08.
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This article is a comprehensive study on problems of legal protection of the environment from transboundary environmental pollution in the Republic of Kazakhstan. The study of international and national legislation in the field of environmental protection from transboundary environmental pollution was carried out, ways to solve legal problems related to transboundary environmental pollution were studied and proposed, theoretical concepts and practical recommendations were developed to increase the effectiveness of current legislation and the activities of state bodies in the field of environmental protection environment from transboundary environmental pollution. The theoretical significance of the study is that it will contribute to the further scientific development of conceptual problems of environmental cooperation in the field of preventing and preventing the negative effects of transboundary environmental pollution. The research itself, as well as the results obtained, will contribute to the further development of the domestic environmental law science.
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Oberleitner, Gerd. "Human Security: A Challenge to International Law?" Global Governance: A Review of Multilateralism and International Organizations 11, no. 2 (2005): 185–203. http://dx.doi.org/10.1163/19426720-01102005.
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Hoisington, Matthew. "Toward an International Law for Ungoverned Spaces." Global Governance: A Review of Multilateralism and International Organizations 20, no. 4 (2014): 491–98. http://dx.doi.org/10.1163/19426720-02004001.
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Droege, Cordula, and Marie-Louise Tougas. "The Protection of the Natural Environment in Armed Conflict – Existing Rules and Need for Further Legal Protection." Nordic Journal of International Law 82, no. 1 (2013): 21–52. http://dx.doi.org/10.1163/15718107-08201003.
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Considerable research has been conducted, particularly since the Iraq-Kuwait war of 1991, on the legal protection of the environment in armed conflicts. Much of this research has focused either on the specific protections provided in international humanitarian law (IHL), or on the applicability of international environmental law to situations of armed conflict. Rather than focusing on these specific provisions, this article seeks to examine the general protections under IHL, in particular the characterisation of the natural environment as a civilian object and the legal protection flowing from this characterisation – namely the general rules on the conduct of hostilities. After addressing these general rules, it briefly recalls some other relevant provisions of IHL before turning to possible avenues to strengthen the legal protection of the environment in armed conflict by clarifying or further developing IHL in this respect, taking into account the protection provided by international human rights law and international environmental law.
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Malaihollo, Medes. "Due Diligence in International Environmental Law and International Human Rights Law: A Comparative Legal Study of the Nationally Determined Contributions under the Paris Agreement and Positive Obligations under the European Convention on Human Rights." Netherlands International Law Review 68, no. 1 (2021): 121–55. http://dx.doi.org/10.1007/s40802-021-00188-5.
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AbstractDue diligence is a frequently employed notion in international law, yet much is still to be explored about this concept. This article aims to contribute to an understanding of due diligence obligations in international law, which is useful as it can form the basis for a further clarification of corresponding legal rights of subjects of international law. With this purpose in mind, this article initiates the construction of a working model of due diligence in international law by exploring this notion from two perspectives: an accountability perspective and a regulatory perspective. Subsequently, this article will use this model to compare the operation of due diligence obligations in two branches of international law: international environmental law and international human rights law. In doing so, it will become clear that due diligence contains two core elements: ‘reasonableness’ and ‘good faith’. Moreover, it will become apparent that the operation of due diligence obligations in these two branches has implications for systemic issues in international law. Further research on the operation of due diligence obligations in other branches of international law is therefore recommended.
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Suietnov, Yevhenii. "FORMATION AND DEVELOPMENT OF THE ECOSYSTEM APPROACH IN INTERNATIONAL ENVIRONMENTAL LAW BEFORE THE CONVENTION ON BIOLOGICAL DIVERSITY." Journal of Environmental Law & Policy 001, no. 001 (2021): 47–85. http://dx.doi.org/10.33002/jelp001.03.
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The article analyses general aspects of the formation and development of the ecosystem approach in international environmental law before the adoption and entry into force of the Convention on Biological Diversity. On the grounds of thorough and complex research encompassing the main international environmental agreements and scientists’ views, it is concluded that the issues of protection and conservation of natural ecosystems and implementation of the ecosystem approach had already received wide support at the international level by that time, whereas adopted agreements created the necessary base for the further formation and development of the ecosystem approach as a holistic concept under the Convention on Biological Diversity.
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Pietro Castagno LL.M., Niccolò. "Sustainable development and the international trade law paradigm." Journal of International Trade Law and Policy 13, no. 2 (2014): 136–66. http://dx.doi.org/10.1108/jitlp-11-2013-0032.
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Purpose – The purpose of this paper is to analyse the cross-fertilization between environmental concerns and trade law, through an analysis of their primary texts and case law, and seek to what extent the concept of sustainable development is, or can be, embodied in such field of law. The question posed is whether the international trade law paradigm is well suited to implement the goals embodied in the concept of sustainable development. Design/methodology/approach – In giving a tentative answer to the said question, also through the analysis of some trade law reform proposals, the author advocates that international trade law and sustainable development not only can have compatible goals but that they are (if not, they shall be) inseparably related to one another, from both an economic policy perspective and a legal standpoint. Findings – The author concludes that the paradigms can be complementary to the extent that international trade law, while preserving a formal legal identity deriving from the current shape of its body of rules, has seen its application supporting and, eventually, giving sustainable development a normative force that it could not have achieved otherwise – and this, on a global and uniform scale. Although it may be contended that, after a preliminary survey of relevant international trade case law, this interaction is still a seed in its infancy and some changes must necessarily occur to make the trade paradigm keener and more effective in supporting environmental protection goals, the author argues that, given the difficulties in obtaining such changes, the existing trade paradigm structure has served (and will serve) sustainable development better than other paradigms, as a vehicle through which such concept can drive nations’ economic development more forcefully. Research limitations/implications – The paper contains a reasoned survey of the most important case law, outlining the main legal hurdles that the implementation of sustainable development encounters in the World Trade Organization (WTO) dispute settlement mechanism. Originality/value – The value of this paper stands in the reasoned approach to the legal issues underlying the matters involved, specifically with respect to the analysis of Article XX GATT. Moreover, it remarks the effects that a developed system like the WTO can have in promoting sustainable development, addressing some of the most recent reform proposals.
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O’Neill, Kate, and Peter M. Haas. "Being There: International Negotiations as Study Sites in Global Environmental Politics." Global Environmental Politics 19, no. 2 (2019): 4–13. http://dx.doi.org/10.1162/glep_a_00505.
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This forum traces the emergence of international negotiations as study sites in the field of global environmental politics, from its early days until the present. It sets the scene for the research articles in this special section, outlining why their contributions are timely, and takes advantage of advances in methods and conceptual analysis. The articles in this special section suggest the value of direct observation and ethnography in driving conceptual innovation and understanding how power and influence are exercised in such settings (including by the traditionally powerless). In doing so, they encourage debate over and offer new insights into processes the GEP field has been studying for close to fifty years.
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Wolff, Rolf. "Beyond environmental management—Perspectives on environmental and management research." Business Strategy and the Environment 7, no. 5 (1998): 297–308. http://dx.doi.org/10.1002/(sici)1099-0836(199811)7:5<297::aid-bse169>3.0.co;2-e.
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Young, Oran R. "Inferences and Indices: Evaluating the Effectiveness of International Environmental Regimes." Global Environmental Politics 1, no. 1 (2001): 99–121. http://dx.doi.org/10.1162/152638001570651.
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Institutionalists commonly assume that the operation of regimes accounts for much of what happens in international society. Realists and neorealists, by contrast, typically regard institutions as epiphenomena that reflect deeper forces in international society and that can be expected to change when the deeper forces change. As is so often the case in debates of this nature, the truth no doubt lies somewhere between these polar perspectives. To identify the signal of the effects of institutions and especially to track variations in the strength of this signal, we need to find ways to draw clearcut inferences about the causal links between institutions and collective outcomes at the international level. Ideally, we should also devise an integrated index of regime effectiveness that would allow us to compare and contrast different regimes or the same regimes over time in terms of their effectiveness. This article offers a critical review of the leading efforts to develop useful inferences and indices with particular reference to international environmental regimes. It concludes that our efforts in this realm to date have yielded only modest—though hardly trivial—results. Yet we are far from exhausting the available analytic resources in this field, and there is much that can be done to improve inferences and indices in this important area of research in the future.
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Campbell, Angela, and Gillian Nycum. "Harmonizing the International Regulation of Embryonic Stem Cell Research: Possibilities, Promises and Potential Pitfalls." Medical Law International 7, no. 2 (2005): 113–48. http://dx.doi.org/10.1177/096853320500700202.
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Despite near unanimous global opposition to human reproductive cloning, the United Nations has been unable to reach a consensus as to how cloning practices should be regulated at the international level. As a result, the U.N. objective of establishing binding international regulations governing cloning and stem cell research has yet to be achieved. Given the lack of consensus that exists within the global community on this topic, it seems that any attempt to harmonize the international regulation of cloning and stem cell science will face important obstacles. This paper seeks to illuminate the particular challenges to harmonizing international laws and policies related to stem cell research and human cloning, and to investigate potential methods for overcoming these challenges. By drawing on two other areas in which regulatory harmonization has been attempted, namely: environmental and human safety aspects of international trade, and pharmaceutical research and development, we study approaches to global regulatory harmonization. We conclude that while the challenges to harmonization are diverse and important, so too are the benefits of establishing uniformity in approaches to stem cell research worldwide. This paper proposes a model for harmonizing the regulation of stem cell research that focuses on broader norms and principles rather than specific rules. It further recommends that such harmonization should occur through a process initiated and developed by an independent international agency marked by diversity, both in terms of the cultural identities and perspectives represented, and the interdisciplinary expertise of its members.
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Zelli, Fariborz, and Harro van Asselt. "Introduction: The Institutional Fragmentation of Global Environmental Governance: Causes, Consequences, and Responses." Global Environmental Politics 13, no. 3 (2013): 1–13. http://dx.doi.org/10.1162/glep_a_00180.
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This article introduces a special issue on the expanding research agenda on institutional fragmentation. The term refers to the growing diversity and challenges to coordination among private and public norms, treaties, and organizations that address a given issue area of international politics. International relations scholars increasingly address this phenomenon, framing it with alternative concepts like regime complexes or polycentricity. A considerable part of the existing debate remains focused on whether a centralized or polycentric governance architecture is preferable. Instead, as this special issue shows, domains of global environmental governance—like climate change, biological diversity, renewable energy, and forestry—are already fragmented. It is time to address new, more pertinent questions and help advance institutionalist research on this phenomenon. We introduce four major research themes for analyzing the fragmentation of different domains of global environmental governance: taking stock, causes, consequences, and responses.
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Okonkwo, Theodore. "Environmental Constitutionalism in the United States and Nigeria: Recognizing Environmental Rights." International Journal of Social Science Studies 5, no. 7 (2017): 66. http://dx.doi.org/10.11114/ijsss.v5i7.2497.
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Environmental constitutionalism is a scheme that protects the national and international environment by applying national and global constitutional law. By this, constitution-makers agree to include in their constitutions provisions aimed at environmental protection and sustainability, whereby procedural and substantive rights are written in the constitutions. The courts are in such jurisdictions called upon to enforce and protect such rights. This article addresses constitutionally embedded rights in the national constitutions of the United States of America and Nigeria. It analyzes constitutional environmental provisions in both how their judiciaries respond to such issues. This article looked at the problems associated with environmental constitutionalism in the United States and Nigeria and their connection with environmental rights. The aim is to take a holistic examination of the topic. The methodology adopted for the research is empirical. The primary and secondary sources of material selection were adopted through the use of the law libraries and the internet, books, journals and periodicals to gather information for this article. In conclusion, it was observed and recommended that no matter the similarities shared by the Untied States and Nigeria, the former has a more developed environmental jurisprudence on environmental protection by the courts. This is a truism, notwithstanding the fact that Nigeria’s constitution contains “state environmental duties”. The value of the research is that Nigeria should identify areas to be improved upon in its law and practice of environmental constitutionalism.