Environmental Policy and Law - Volume 54, issue 1

Authors: Desai, Bharat H.

Article Type: Editorial

DOI: 10.3233/EPL-239029

Citation: Environmental Policy and Law, vol. 54, no. 1, pp. 1-1, 2024

Authors: Desai, Bharat H. | Desai, Jay B.

Article Type: Research Article

Abstract: The Conference of Parties (COP) of the multilateral environmental agreements (MEAs) provides a platform at a specific periodicity (one, two or three years) to review work of the Convention in question. The UN Framework Convention on Climate Change (UNFCCC) is a ‘universal’ convention with 198 parties. The 28th annual meeting of the COP (UNFCCC) was held in Dubai (UAE) during 30 November - 13 December 2023. The UN provides ‘secretariat’ support to the UNFCCC, hence the usage of prefix ‘United Nations’. It is called a ‘framework convention’ since it was adopted with a bare skeleton on 09 May 1992. It …required ‘fleshing out’ of the UNFCCC with required elements to make it work for the “‘ultimate objective” of “stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system” (Article 2). It led to the adoption of the (“related legal instruments”) 1997 Kyoto Protocol and 2015 Paris Agreement. The climate change regime now comprises these three legal instruments that seek to address the global climate problematique. Whereas COP27 (Sharm El-Shaik; 06–21 November 2022) was known for adoption of the decision on “loss and damage” funding for vulnerable countries hit hard by climate disasters, COP28 unveiled the first global climate ‘stocktake’. This took place on the heels of UNEP Emissions Gap Report (20 November 2023) that issued warming that “world is heading for a temperature rise far above the Paris Agreement goals unless countries deliver more than they have promised”. The UNEP report called for the GHG emissions (by 2030) to “fall by 28 per cent for the Paris Agreement 2°C pathway and 42 per cent for the 1.5°C pathway”. Thus, there is a big chasm between what is laid down in the climate change regulatory framework, what is scientifically ordained and what is actually given effect on the ground by the states Parties. After 30 years (1994–2024), the resultant ‘conundrum’ presents a challenge at this juncture of planetary crisis. It calls for the state Parties to the global climate change regime to engage in a major course correction in the current global climate change regulatory approaches for securing our planetary future. Show more

Keywords: UNFCCC, stabilization, GHG emissions, common concern, Paris Agreement, multilateral environmental agreements, global stocktake, planetary concern, course correction

DOI: 10.3233/EPL-239028

Citation: Environmental Policy and Law, vol. 54, no. 1, pp. 3-14, 2024

Authors: Lähteenmäki-Uutela, Anu | Ituarte-Lima, Claudia | Turunen, Topi | Ott, Anna | Lonkila, Annika | Haukioja, Teemu

Article Type: Research Article

Abstract: The profound changes in Earth systems dynamics are affecting the health of the entire planet and the realization of a broad range of human rights. In this paper, we propose that the grand narrative of human rights including the legal right to a clean, healthy and sustainable environment recognized by the United Nations in 2022 requires the acknowledgment of the interconnected challenges posed by planetary crises. We discuss how planetary boundaries (PB) research can provide evidence-based arguments and clarify State duties concerning their international human rights law commitments. The economic, social and cultural rights are deeply connected with the right …to a healthy environment. Human rights to water, food, or health, for example, can all be understood in the context of Earth systems change. Civil and political rights go beyond individuals to include also collective action and participation to tackle planetary social-ecological challenges. Gaps remain in human rights law concerning some of the PBs, which risks overlooking the interconnected drivers of ecosystem degradation. Clearer legal standing and justification for legal demands, for example concerning the impacts of water use, land use and deforestation, are needed to tackle PB overshoot. States must act at various spaces including the global economic systems and the global supply chains of goods and services for humanity to reach planetary safe and just spaces. Weaving international human rights law and advances at various geographical scales on the right to a healthy environment with PB provides a powerful tool for defending the prerequisites of good life for everyone, everywhere. Show more

Keywords: Right to a healthy environment, safe and just space, planetary boundaries, human rights, law

DOI: 10.3233/EPL-230055

Citation: Environmental Policy and Law, vol. 54, no. 1, pp. 15-26, 2024

Authors: Olujobi, Olusola Joshua | Irumekhai, Oshobugie Suleiman | Aina-Pelemo, Adetutu Deborah

Article Type: Research Article

Abstract: This study delves into the pivotal roles played by sustainable development and national integration in advancing legal compliance, environmental protection, and sustainability within Nigeria. Employing a doctrinal and conceptual legal research approach, it meticulously examines pertinent literature, international exemplars, and conducts an exhaustive analysis of primary and secondary legal sources, including the 1999 Constitution of the Federal Republic of Nigeria (as amended), the Climate Change Act of 2021, and relevant international instruments. An effort has been made to examine extant sustainable development practices, presenting an encompassing snapshot of the nation’s legal, environmental, and sustainability apprehensions, while also addressing the …attendant challenges. Moreover, it undertakes a comprehensive evaluation of Nigeria’s prevailing legal framework concerning environmental protection, delving into its potential for long-term sustainability. The findings resoundingly underscore the potency of sustainable development as a strategic avenue for achieving legal compliance, environmental protection, and enduring sustainability. Importantly, the study unveils that the Sustainable Development Goals (SDGs) find manifestation within Chapter II of the Constitution, albeit in a non-justiciable form, thereby impeding the stride toward their attainment. Nevertheless, it accentuates the necessity for an approach that meticulously factors in Nigeria’s distinctive context and specific requisites, thereby fostering effectiveness through national integration, policy execution, effective communication, and collaborative synergy across stakeholders within both the public and private domains. Essential to the realization of SDGs’ objectives is a synergistic collaboration amongst the government, academia, and non-governmental organizations. This study illuminates the latent potential of sustainable development and national integration as efficacious strategies for propelling legal compliance, environmental protection, and sustainability. It proffers a recommendation for the assimilation of innovative paradigms that have proven successful in mitigating environmental degradation elsewhere. Ultimately, the study ardently advocates for comprehensive overhauls to systematically address Nigeria’s complex entanglements encompassing legality, environment, and sustainability. Furthermore, the study ardently champions the elimination of the provision stipulated in section 6(6)(c) of the 1999 Constitution as a crucial step towards realizing the SDGs’ objectives within Nigeria. Show more

Keywords: Sustainable development, national integration, legal compliance, environmental protection, Nigeria

DOI: 10.3233/EPL-230050

Citation: Environmental Policy and Law, vol. 54, no. 1, pp. 27-41, 2024

Authors: Vinata, Ria Tri | Kumala, Masitha Tismanada | Setyowati, Peni Jati

Article Type: Research Article

Abstract: Climate change due to global warming will have an impact on marine and coastal ecosystems, including causing loss of biodiversity and threatening the sustainability of marine and coastal resources. The Sixth Assessment Report of the Intergovernmental Panel on Climate Change (IPCC) made Indonesia, which is a tropical archipelagic state as one of the hotspots that is very at risk of being affected by global warming. This risk is especially experienced by cities on the coast. Therefore the importance of adaptation, especially in dealing with the impacts of climate change that has already occurred. The adaptation process cannot be delayed any …longer because the earth’s temperature will certainly increase beyond the threshold of 1.5 degrees Celsius in 2030 compared to the pre-Industrial Revolution temperature of 1850. Currently, the global temperature increase has reached 1.1 degrees Celsius. Therefore, Indonesia must immediately make adaptation efforts by utilizing the Blue Carbon Ecosystem which is based on research that blue carbon can absorb and store 100 times more carbon and is more permanent than forests on land. This stored carbon can be stored for thousands of years. Because of this great potential, coastal ecosystems can play many roles as adaptation solutions and mitigation of climate change impacts. Therefore researchers conduct research with the aim of the research is to create Strategies and Adaptation Efforts for Utilizing Blue Carbon Ecosystems: Disaster Resilience, Climate Crisis, and Sustainable Development, with the main target of implementing Resource Based Theory in developing strategies for utilization of Marine Resources, especially Utilization of Carbon Ecosystems Blue in Indonesian marine environment. This research is expected to provide theoretical and empirical evidence related to the development of blue ecosystem utilization strategies, climate crisis, and sustainable development. Show more

Keywords: Blue carbon potential, adaptation efforts, climate resilience, UNFCCC, Paris Agreement, blue carbon ecosystem

DOI: 10.3233/EPL-230049

Citation: Environmental Policy and Law, vol. 54, no. 1, pp. 43-51, 2024

Authors: Nurhayati, Yati | Ifrani, | Said, M. Yasir | Yanova, Muhammad Hendri

Article Type: Research Article

Abstract: The Nationally Determined Contribution (NDC) of Indonesia in the Paris Agreement targeted emission reductions of 29% on its own and 41% with international cooperation in 2030, followed by Net Zero Emissions (NZE) in 2060. To achieve NZE, Indonesia enacted a carbon tax policy on April 1, 2022. The 2022–2024 carbon tax is limited to Steam Power Plants and will be imposed on other sectors by 2030. This research examines the ratio legis of carbon cost policies in Indonesia and compares the core of carbon tax policies in Indonesia with Sweden and Finland. Indonesia is starting to implement a Carbon Pricing …policy under the ‘Cap-and-Tax’ scheme. The Cap scheme will be a means to force changes in the business culture in Indonesia, so the companies will pay attention to and reduce the carbon emission produced to avoid paying penalties for carbon exceeding the limits. Meanwhile, the Carbon Tax will provide economic resources to Indonesia to develop environmentally friendly technologies, fund research on renewable energy, and provide incentives for environmentally friendly businesses during the transition process to a carbon culture in Indonesia. Referring to the results of the comparison of carbon pricing policies in Finland and Sweden, Indonesia can gradually increase the cost of carbon taxes starting from Rp30,000/US$2 per ton CO2 equivalent to US$10 per ton CO2 equivalent. Meanwhile, for the imposition of high carbon tax rates, such as in Finland (US$73.02 per ton CO2 equivalent) and Sweden (US$137 per ton CO2 equivalent), Indonesia must carry out tax reforms, so the applied carbon tax is able to reduce carbon emissions without causing adverse impacts for the Indonesian economy. Show more

Keywords: climate change, carbon pricing, Indonesia, pigouvian tax, Paris Agreement, greenhouse gas amissions, nationally determined contribution, net zero emission

DOI: 10.3233/EPL-230047

Citation: Environmental Policy and Law, vol. 54, no. 1, pp. 53-63, 2024