Environmental Policy and Law - Volume 50, issue 3

Authors: Cocker, Jonathan | Roca, Gabriela | Guevara, Raul

Article Type: Research Article

Abstract: The authors summarise the issue of regulation of single-use plastics (SUPs) and consider how it will affect Central America. They also discuss the importance of a regionally integrated approach, suggesting how the Central American Integration System (Sistema de la Integración Centroamericana or SICA) could and should develop such an approach, noting additional advantages, if it is done sooner rather than later.

Keywords: Plastic pollution, single-use plastics, SUPs, Central America, SICA

DOI: 10.3233/EPL-200220

Citation: Environmental Policy and Law, vol. 50, no. 3, pp. 231-242, 2020

Authors: Putri, Intan Novia | Sunyowati, Dina | Narwati, Enny

Article Type: Other

Abstract: The government of the People’s Republic of China (PRC) has strongly protested Indonesian fishing in the South China Sea, stating that it considered these waters to be a traditional Chinese fishing area. In fact, however, the area in question is within the Exclusive Economic Zone (EEZ) of Indonesia. This study aims to determine whether the determination of the boundaries of that EEZ was in accordance with the rights and obligations of Indonesia. The research method used was a normative law research, applying statutory and conceptual approaches. This article determines that a State’s right within its EEZ is a sovereign right …and that the claims of the traditional fishing ground of the South China Sea is not justifiable, from the perspective of international maritime law. The term “traditional fishing ground” is not used in the United Nations Convention on the Law of the Sea. The determination of fishing rights in a country’s territorial waters or EEZ should be based on license by the State that has declared the EEZ. This analysis concludes that China’s claims to the South China Sea as a traditional fishing ground has no legal basis. It also states that where a coastal country’s EEZ includes a sea border with another country, the two should negotiate a bilateral agreement in accordance with applicable international law and make a commitment to mutual understanding and cooperation. Show more

Keywords: EEZ, traditional fishing ground, traditional fishing rights

DOI: 10.3233/EPL-200221

Citation: Environmental Policy and Law, vol. 50, no. 3, pp. 243-250, 2020

Authors: Li, Peter

Article Type: Research Article

Abstract: China’s policy-making remains a top-down process. Yet, non-State actors, particularly businesses that have aligned their commercial interest with the national interest and political objectives of the Party-State, are uniquely positioned to impact policy-making. This article uses China’s reopening of the wildlife trade following the end of SARS in 2003 to shed light on the interplay of the Party’s policy guidelines, the policy-making authority of the administrative agencies, and the influence of the country’s wildlife business interest. This article argues that the reversal of the wildlife trade ban was predestined since expanding wildlife business also contributed to the government’s development objectives …and served the bureaucratic interest of the administrative authorities. In 2003, the wildlife businesses had unique lobbying power. It was a production of scale that purportedly served the country’s conservation, public health and poverty-reduction purposes. The failure of the Chinese scientists to reach a consensus on the risk of pandemic outbreaks from wildlife operations helped the Chinese authorities to end the wildlife trade, a fateful decision. The outbreak of COVID-19 has led to an enhanced understanding of the connections between wildlife exploitation and pandemic outbreaks. China has come to a crossroads to evaluate the cost-effectiveness of its wildlife industry. Show more

Keywords: China, wildlife policy, policy-making, Party-State, non-State actors

DOI: 10.3233/EPL-201008

Citation: Environmental Policy and Law, vol. 50, no. 3, pp. 251-267, 2020

Authors: Ivanova, Svetlana V.

Article Type: Research Article

Abstract: This paper explores economic incentive mechanisms for the protection and sustainable use of biological diversity in general and more specifically of animals (often referred to as “wildlife”). Based on the author’s analysis of wildlife and tax legislation provisions and law enforcement practice, it concludes that the Russian Federation lacks effective and efficient economic incentives to promote the protection and use of wildlife. It proposes incentive measures for the implementation of legislative norms and economic regulation regarding the protection and sustainable use of the animal world. These incentives are intended to provide tools for sustainable use of wildlife and enhance the …dialogue with business entities regarding the prioritisation of environmentally friendly economic activities. Show more

Keywords: Economic incentive mechanism, sustainable use, wildlife, incentive measures, tax incentives, subsidies, business entities

DOI: 10.3233/EPL-200223

Citation: Environmental Policy and Law, vol. 50, no. 3, pp. 269-277, 2020

Authors: Kuznietsova, Nataliia S. | Onishchenko, Natalia M. | Kot, Oleksii O.

Article Type: Research Article

Abstract: Creating a land market is one of the most debated and politicised issues of Ukraine’s environmental and agricultural policy. There is an urgent need to examine the following issues (among others): a) identifying priority measures for establishing the land market; b) studying the experience of public land management so as to further adapt the land legislation of Ukraine to the requirements of the European Union; and c) maintaining the domestic agrarian sector in the context of effective conservation of the State’s land resources. The purpose of this paper is to conduct a comprehensive analysis of the preconditions and realities of …opening up the agricultural land market in Ukraine, including to formulate sound conclusions on the practical consequences of such reforms for domestic landowners. It was researched applying two basic approaches to scientific cognition – general scientific methods and special legal methods. It elaborates the conditions for the introduction of a land market in Ukraine; analyses the historical prerequisites for the implementation of land reform; identifies the main risks for landowners that come into play with the opening of the land market; and formulates further directions of improvement of relevant legal regulations and mechanisms. Noting that currently Ukrainians have the least amount of investment capital and extremely limited access to loans, it concludes that, under current legislation, without a clear definition of the right to purchase their own land, the holders of private farms and other small farmers will struggle to gain access to the Ukrainian land market. Show more

Keywords: Agricultural land, landowner, European Union, land reform, land acquisition

DOI: 10.3233/EPL-200224

Citation: Environmental Policy and Law, vol. 50, no. 3, pp. 279-287, 2020