Environmental Policy and Law - Volume 52, issue 3-4

Authors: Desai, Bharat H.

Article Type: Editorial

DOI: 10.3233/EPL-219042

Citation: Environmental Policy and Law, vol. 52, no. 3-4, pp. 171-172, 2022

Authors: Singh, Karan

Article Type: Research Article

Abstract: The United Nations Conference on the Human Environment (UNCHE) was held in Stockholm during 5–16 June 1972. The Indian Delegation was personally led by the late Prime Minister Indira Gandhi. As a Cabinet Minister this author was a member of it. Hence, this contribution is a personal reflection of the author. India has been an active participant in all the major global environmental conferences to protect the global environment. The 1992 Rio Conference is considered the landmark for the starting point of international environmental law-making. Still, it is the 1972 Stockholm Conference that should be considered as the pillar for …the codification of international environmental law and governance. In view of this, the Stockholm +50 (2-3 June 2022) Conference was a good occasion to review the successes and failures over the last half a century and reiterate the call for all nations to co-operate fully to meet their commitments under multilateral environmental agreements including 2015 Paris Agreement. This recollection provides a glimpse, through Indira Gandhi’s vision, into the international environmental processes and the prospects for the Stockholm+50 and beyond. Show more

Keywords: Stockholm conference, Indira Gandhi, UNEP, international environmental conferences, global environmental authority, Stockholm+50

DOI: 10.3233/EPL-219037

Citation: Environmental Policy and Law, vol. 52, no. 3-4, pp. 173-177, 2022

Authors: Dowdeswell, Elizabeth

Article Type: Research Article

Abstract: Drawing upon personal notes and memories, this article reflects on selected moments during the journey of global environmental awareness during the past 50 years. Through its convening power the United Nations, it’s myriad programs and associated organizations, has been the foundational institution. The emergence of the concept of sustainability and the existential crisis of climate change have dramatically altered the landscape during the period. Challenging questions about the governance of global interconnectedness and an agenda of peace and security that considers social inclusion, economic prosperity and environmental stewardship holistically remain a work in progress at Stockholm+50 and beyond.

Keywords: United Nations, Stockholm Conference, global environmental awareness, UNEP, sustainable development

DOI: 10.3233/EPL-219038

Citation: Environmental Policy and Law, vol. 52, no. 3-4, pp. 179-186, 2022

Authors: Sundström, Anna

Article Type: Research Article

Abstract: The year 2022 marks the 40th anniversary of Olof Palme’s Independent Commission on Disarmament and Security Issues. The Commission presented its report in 1982, at the height of the Cold War. It developed the concept of common security – the idea that nations and peoples can only feel safe when their counterparts feel safe. By taking the concept of common security as its starting point, the Common Security 2022 initiative has analysed the world we live in and some of the great challenges facing humanity on the planet earth. At the time of 50th anniversary …of the 1972 Stockholm Conference (Stockholm+50), the Common Security 2022 recommendations are indications, or steps forward for our shared future that would include addressing the climate change, a process of removing the threat of nuclear annihilation and turning around the ‘super tanker’ of war. Show more

Keywords: Common security, human security, conflict prevention, climate-related security risks, nuclear disarmament, demilitarization, new military technologies, global architecture for peace, new peace dividend, multilateralism, development

DOI: 10.3233/EPL-219033

Citation: Environmental Policy and Law, vol. 52, no. 3-4, pp. 187-200, 2022

Authors: Hunter, David

Article Type: Research Article

Abstract: This article argues that our overly state-centric approach to international environmental law limits the law’s effectiveness in addressing the complex environmental challenges of the Anthropocene. The sources of international environmental law are designed for State-to-State disputes, even though such disputes are rare and do not reflect the nature of most global environmental challenges. The focus of international environmental law has been State responsibility, even though the primary actors of environmental deterioration are not States. Nor has international environmental law focused on individual rights, even though individuals and local communities disproportionately bear the burden of environmental decisions and have the strongest …motivation to ensure action is taken. In the future, we should embrace a less State-centric approach to international environmental law— one that incorporates more directly the diversity of actors, contexts and legal norms that are currently involved in protecting the world’s environment. Such a reorientation could enable a rights-based approach that better reflects the realities of ecological limits and holds non-state beneficiaries of pollution and resource exploitation more directly accountable in a wider range of contexts. Show more

Keywords: Environmental challenges, state-centrism, ICJ Statute, contextual accountability, limits of statecraft, obligation to humanity (common concern), obligation to individuals (human rights)

DOI: 10.3233/EPL-219031

Citation: Environmental Policy and Law, vol. 52, no. 3-4, pp. 201-212, 2022

Authors: Bosselmann, Klaus

Article Type: Research Article

Abstract: In one way or other, the Earth as an ecological system, has been the core concern of modern international environmental law since its conceptualization in the 1970s. This article traces notions of stewardship and state responsibilities for the Earth in international instruments and aims to show that, and why, these notions have remained without tangible results. Even after 50 years of the 1972 United Nations Conference on the Human Environment (UNCHE) we can only conclude that international environmental law (IEL) and governance have failed. Essentially, human rights and responsibilities need to be more clearly defined in international law and with …respect to the role of the United Nations and its member states. The Earth Charter and its most recent expression in the 2018 Hague Principles provide for a coherent framework of human rights and state responsibilities associated with Earth trusteeship as a future pathway. Show more

Keywords: International environmental law, state sovereignty, human rights and responsibilities, Earth Charter, Hague Principles, Earth trusteeship

DOI: 10.3233/EPL-219032

Citation: Environmental Policy and Law, vol. 52, no. 3-4, pp. 213-222, 2022

Authors: Desai, Bharat H.

Article Type: Research Article

Abstract: The idea of the revival and repurpose for the United Nations Trusteeship Council (UNTC) is pragmatic one to meet the needs of the changed times. Such repurpose entails entrustment of a new mandate to the revived UNTC that constitutes evolution of the trust in the global domain. It will be crucial restructuring and evolution of the UN with an understanding that there are places, territories, and areas known as ‘global commons’ that require special and careful nurturing for our better future. In a new avatar (form), the TC would in essence reflect the ‘ sacred trust’ with a …‘new mandate.’ From a scholarly perspective, such a move eminently makes sense since it could bring to life an entity within the UN and provide a big push to make the UN relevant for the needs of the present and future generations. It will essentially serve as a guardian of the global ‘common concerns’, ‘common heritage of mankind’ and the global environment. In the changed context, the UNTC need to serve as a trustee for betterment of the humankind and for the survival of the planet earth. The new mandate for the environment and the global commons could strengthen the UN and vindicate one of the core purposes for which the ‘United Nations’ came together in 1945 with a solemn resolve “to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained”. Show more

Keywords: United Nations, Trusteeship Council, sacred trust, revival and repurpose, global environment, new mandate, common concerns, global commons.

DOI: 10.3233/EPL-219039

Citation: Environmental Policy and Law, vol. 52, no. 3-4, pp. 223-235, 2022

Authors: McIntyre, Owen

Article Type: Research Article

Abstract: Despite the extraordinary proliferation of instruments of international environmental law since the 1972 UNCHE Conference in Stockholm, it appears that diverse forces are acting to maintain the internal coherence of this sub-field of international law, as well as its position firmly within the international law system. A range of institutions and processes ensure the continuing unitary nature of international environmental law within a unitary system of international law, notably including the universalist instincts of the International Court of Justice, the codification routinely undertaken by the International Law Commission, and the universal, pervasive and indivisible character of increasingly relevant human rights …norms. These processes of “convergence” act to unify and enrich the fabric of the increasingly elaborate and sophisticated complex of rules, principles and institutional structures comprising international environmental law, while suggesting its growing developmental maturity after 50 years of frenetic evolution and supporting its continuing coherent elaboration. Show more

Keywords: Fragmentation, convergence, treaty congestion, legal coherence, systemic unity of international law

DOI: 10.3233/EPL-219041

Citation: Environmental Policy and Law, vol. 52, no. 3-4, pp. 237-251, 2022

Authors: Backes, Chris | Boeve, Marlon

Article Type: Research Article

Abstract: The urgency of transitioning to a circular economy is by now widely recognized. Overexploitation of our earth has been convincingly evidenced globally. An optimal legal instrumentation is one of the prerequisites for fostering the transition to a circular economy. This article identifies and critically assesses recent developments of relevant legal tools and provides some ideas of what else could be needed for the pathway to a circular economy. Since the EU may be seen as a frontrunner in this area and is rapidly developing additional legal instruments to contribute to the transition, the EU is taken as a showcase. Besides …EU law, the role of international law is discussed, as well as the question what individual states can do, within the boundaries of internal markets such as the EU. In short, there still is some room for improvement of EU law, especially concerning the establishment of concrete quantifiable general targets and the introduction of general legal principles of sustainable product design. On a global level, there is an urgent need to discuss and develop a legal framework for fostering the transition to a more circular economy. Show more

Keywords: Circular economy, legal instrumentation, EU circular economy action plans, product policy framework, product law, ecodesign approach, binding targets, global law on circularity

DOI: 10.3233/EPL-219034

Citation: Environmental Policy and Law, vol. 52, no. 3-4, pp. 253-263, 2022

Authors: Junker, Kirk W. | Münster, Saskia | Shinde, Mrinalini

Article Type: Research Article

Abstract: We are already witnessing climate-induced migration and thus must prepare to address the next decades of even more human mobility as a consequence of the climate disruption crisis. Fifty years after the Stockholm Conference, international environmental law still needs solutions to protect those persons most vulnerable to environmental harm. This paper seeks to focus on the concept of reparative justice as the theme and attitude of legal solutions, so as to refocus legal tools to provide relief to those persons who are displaced and dispossessed because of the climate disruption crisis. In this paper, we present possibilities for a reparative …climate justice regime that could help to break the current cycle of harm and denial in which states are currently embroiled within international climate negotiations. This focus considers how careful solutions such as credit within the financial mechanisms under the Paris Agreement, in a spirit of trust and solidarity, could contribute to legal solutions to climate migration problems. The paper first iterates the scope and history of climate-induced migration in international law and then presents the case for reparations as a strong legal response to climate-induced migration, before finally exploring the legal avenues within international climate law wherein reparative justice and financing could potentially operate. Show more

Keywords: Climate-induced migration, environmental migrants, environmental refugees, slow-onset events, climate change, UNFCCC, reparations, climate justice, reparative justice, trust fund, loss and damage

DOI: 10.3233/EPL-219035

Citation: Environmental Policy and Law, vol. 52, no. 3-4, pp. 265-276, 2022

Authors: Nayak, Shailesh

Article Type: Research Article

Abstract: Wetland ecosystems, freshwater, coastal and coral reefs, are important ecosystems as they provide many ecological services and ensure livelihood of people. The increase in carbon dioxide and global temperatures change in precipitation patterns, and acidification of oceans can adversely affect these ecosystems. It is expected that increase in temperature in lakes, reservoirs and coastal seas will affect flora, fauna and fisheries. The increase in sea level can erode shorelines and coastal habitats. Coral reefs can degrade due to increase in temperature, sea level rise and acidification. The ecological services provided by these ecosystems have economic value and thus any loss …of these habitats can affect livelihood of communities. The global watershed and coastal management approaches such as the 1971 Ramsar Convention and 2030 Sustainable Development Goals (SDGs) provide key tools to protect these ecosystems. A robust global wetland information repository system needs to be developed for providing necessary data to effectively model climate change impacts at local and regional levels. The knowledge about climate risks to wetlands, integrated with effective governance at national, regional and global levels along with informed people, are key elements for protection and sustainable future of wetlands. It is in this global context and decisions of the successive Ramsar Conference of Parties (COP), within the limits of time and space, this study has sought to examine the climatic risks to the wetland’s ecosystems. The data and the situation in the Indian sub-continent have been used as an example for the purpose. We need to look for concrete ideas and solutions to address the challenge of climate change risks to the wetland ecosystem at the juncture of Stockholm+50 (2022) and beyond. Show more

Keywords: Aquatic ecosystems, coastal habitats, coral reef, ecological services, monitoring system, climate modelling

DOI: 10.3233/EPL-219036

Citation: Environmental Policy and Law, vol. 52, no. 3-4, pp. 277-288, 2022

Authors: Cullet, Philippe | Bhullar, Lovleen

Article Type: Research Article

Abstract: Antimicrobial resistance (AMR) represents a global public health challenge. It has been examined through various angles, but the link between AMR and access to Water, Sanitation and Hygiene (WASH) or lack thereof has received little attention. Both AMR and WASH relate directly to the realization of the rights to health, water, and sanitation. In addition, both can affect the enjoyment of the right to environment. AMR is particularly complex from a rights perspective. Access to medicines contributes significantly to the realization of the right to health. At the same time, AMR affects the poorer sections of society who have disproportionately …less access to medicines and to WASH. Rights, equality and justice should thus be at the centre of the development and implementation of law and policy concerning AMR and WASH. As we celebrate 50 years of international environmental law, it is crucial to ask some hard questions concerning the inter-sectional and cross-sectoral dimensions of AMR and WASH from the point of view of rights, equality, and justice. Linking the two would bring various co-benefits that the prevailing silo mentality has prevented. Show more

Keywords: AMR, WASH, regulatory framework, human rights, inequality, co-benefits

DOI: 10.3233/EPL-219040

Citation: Environmental Policy and Law, vol. 52, no. 3-4, pp. 289-299, 2022

Authors: Nieminen-Finne, Hanna

Article Type: Research Article

Abstract: This article examines the role of expert judges who participate in resolving environmental protection cases at the Vaasa Administrative Court, Finland, which is the first instance of appeal. The expert judges have a degree in either engineering or natural sciences and they work as full-time judges. This article describes the requirements of a fair trial according to the Convention on Human Rights. The most interesting elements of a fair trial are the adversary principle and the independence and impartiality of the court. Access to a court and to justice and the Aarhus Convention are the basic elements of environmental justice …and the Finnish system. Several international aspects support it. Even the most critical aspect, the adversary principle, does not demand the abolishment of the system of environmental expert judges. Show more

Keywords: Expert judges, environmental justice, access to justice, fair trial

DOI: 10.3233/EPL-210101

Citation: Environmental Policy and Law, vol. 52, no. 3-4, pp. 301-311, 2022

Authors: Fernandes, Luiz | Oliveira, Rafael

Article Type: Research Article

Abstract: The present paper aims to do a parallel between the city of New York and Sao Paulo, which are cities that, in a comparative model, have many differences when it comes to the application of the concepts of smart cities and the objectives of the 2030 Agenda. Speaking in the smart city refers to the idea of safety, modern means of transport with reduction or neutralization in the emission of greenhouse gases, greater locomotive technology, economy, social cohesion, use of renewable energy methods, and greater contact of human beings with nature, as exposed in the IESE Cities in Motion Index …2020. The article will present the notion of a Smart City and will assess whether the cities of New York and Sao Paulo fulfill the requirements to fit into the notion of smart cities. In the end, the text will demonstrate the importance of behavioral regulation, with an emphasis on nudges, for the implementation of smart cities. Show more

Keywords: Smart cities, sustainability, Urbanism Nudges, behavioral regulation

DOI: 10.3233/EPL-210118

Citation: Environmental Policy and Law, vol. 52, no. 3-4, pp. 313-325, 2022