Natural Resources and Environmental Justice

2017 ◽  
Keyword(s):  
Environmental Management ◽  
Environmental Justice ◽  
Natural Resources ◽  
Animal Rights ◽  
Environmental Governance ◽  
Social Impact ◽  
Law And Economics ◽  
Current Knowledge ◽  
Environmental Law ◽  
Justice Research

Environmental management involves making decisions about the governance of natural resources such as water, minerals or land, which are inherently decisions about what is just or fair. Yet, there is little emphasis on justice in environmental management research or practical guidance on how to achieve fairness and equity in environmental governance and public policy. This results in social dilemmas that are significant issues for government, business and community agendas, causing conflict between different community interests. Natural Resources and Environmental Justice provides the first comprehensive, interdisciplinary examination of justice research in Australian environmental management, identifying best practice and current knowledge gaps. With chapters written by experts in environmental and social sciences, law and economics, this book covers topical issues, including coal seam gas, desalination plants, community relations in mining, forestry negotiations, sea-level rise and animal rights. It also proposes a social justice framework and an agenda for future justice research in environmental management. These important environmental issues are covered from an Australian perspective and the book will be of broad use to policy makers, researchers and managers in natural resource management and governance, environmental law, social impact and related fields both in Australia and abroad.

scholarly journals NATUREZA JURÍDICA DO DIREITO AMBIENTAL: NORMAS DE SOBREDIREITO E COMPETÊNCIA MUNICIPAL DE NATUREZA LOCAL, UMA AVALIAÇÃO SOB O PRISMA PRINCIPIOLÓGICO - DOI: http://dx.doi.org/10.5216/rfd%20ufg.v40i1.40302

2016 ◽  
Vol 40 (1) ◽  
pp. 209
Author(s):  
Marcos Batista Guimarães ◽  
Paulo Ricardo da Rocha Araújo
Keyword(s):  
Environmental Justice ◽  
Natural Resources ◽  
Environmental Governance ◽  
Environmental Law ◽  
Legal Philosophy ◽  
Environmental Legislation ◽  
Human Right ◽  
Conservation Of Natural Resources ◽  
General Aspects ◽  
Characteristic Relationship

RESUMO:O presente artigo tem como escopo realizar uma reflexão quanto à atuação dos munícipes/municípios nas construções sociológicas/societárias referentes à preservação/conservação dos recursos naturais. Esta construção indica uma relação característica entre o espaço/território quanto às mudanças de paradigmas na aplicação das legislações ambientais vigentes, realizando-se para tal o esgarçamento jusfilosófico e ético, no que tange a hermenêutica das emanações do Direito Ambiental e Constitucional. Para tal, enfatiza-se a característica do Direito Ambiental como norma de Sobredireito, sob o prisma dos princípios que regem esta ciência, abrangendo os aspectos gerais da Justiça Ambiental, Governança Ambiental e Direito Humano Fundamental, em confronto com as Competências Materiais e Legislativas conferido aos entes da federação, respeitado-se o Princípio Federativo. ABSTRACT:This article is scoped to perform a reflection on the performance of citizens and municipalities in sociological and societal constructs regarding the preservation or conservation of natural resources. This construction indicates a characteristic relationship between the space territory regarding changes of paradigms in the implementation of existing environmental legislation, where the rupture with legal philosophy and ethical, with regard to hermeneutics of emanations of Constitutional and environmental law. To this end, emphasizes the feature of environmental law as a standard of Superlaw, in the light of the principles governing this science, covering general aspects of environmental justice, Environmental Governance and Fundamental human right, in confrontation with Materials and legislative competences conferred to loved the Federation, respected the Principle of Federation.

scholarly journals Law, Governance, and the Ecological Ethos

2015 ◽  
Author(s):  
Daniel Butt
Keyword(s):  
Coercive Force ◽  
Environmental Justice ◽  
Recent Work ◽  
Environmental Governance ◽  
Environmental Law ◽  
Command And Control ◽  
The State ◽  
Popular Participation ◽  
Wide Range ◽  
And Control

This chapter examines the limitations of both command-and-control and market-based legal mechanisms in the pursuit of environmental justice. If the environment is to be protected to at least a minimally acceptable degree, approaches that focus on the coercive force of the state must be complemented by the development of an “ecological ethos,” whereby groups and individuals are motivated to act with non-self-interested concern for the environment. The need for this ethos means that the state is dependent on the cooperation of a wide range of non-state actors. Recent work on environmental governance emphasizes the delegation of aspects of governing to such actors and supports efforts to increase popular participation in governmental processes. The chapter therefore advocates a governance approach that seeks to rectify some of the limitations of state-led environmental law, while encouraging popular participation in a way that can encourage the development of an ecological ethos among the citizenry.

Contested Country

2009 ◽  
Author(s):  
Cathy Robinson ◽  
Bruce Taylor
Keyword(s):  
Environmental Management ◽  
Public Policy ◽  
Natural Resources ◽  
Environmental Governance ◽  
Northern Territory ◽  
Local Communities ◽  
Natural Resources Management ◽  
Critical Examination ◽  
Resources Management ◽  
The Past

In Contested Country, leading researchers in planning, geography, environmental studies and public policy critically review Australia's environmental management under the auspices of the Natural Heritage Trust over the past decade, and identify the challenges that must be met in the national quest for sustainability. It is the first comprehensive, critical examination of the local and regional natural resources management undertaken in Australia, using research sourced from all states as well as the Northern Territory. It addresses questions such as: How is accountability to be maintained? Who is included and who is excluded in decentralised environmental governance? Does the scale of bottom-up management efforts match the scale of environmental problems? How is scientific and technical fidelity in environmental management to be maintained when significant activities are devolved to and controlled by local communities? The book challenges some of the accepted benefits, assumptions and ideologies underpinning regional scaled environmental management, and is a must-read for anyone interested in this field.

scholarly journals Environmental injustice and post-colonial environmentalism: Opencast coal mining, landscape and place

2016 ◽  
Vol 49 (1) ◽  
pp. 29-46 ◽  
Author(s):  
Paul Milbourne ◽  
Kelvin Mason
Keyword(s):  
Environmental Justice ◽  
Natural Resources ◽  
Coal Mining ◽  
Opencast Mining ◽  
Environmental Injustice ◽  
Justice Research ◽  
Post Colonial ◽  
Colonial Studies ◽  
South Wales

In this article we use a case study of opencast coal mining in the southern valleys of Wales to explore the ordinary and everyday spatialities of environmental injustice. Responding to recent geographical critiques of environmental justice research and engaging with post-colonial studies of landscape and environment, we provide an account of environmental injustice that emphasises competing geographical imaginaries of landscape and ‘ordinary political injustices’ within everyday spaces. We begin with a discussion of how historical environmental injustices in Wales have been framed within nationalist politics as a form of colonial exploitation of the country’s natural resources. We then make use of materials from recent research on opencast mining in South Wales to examine local understandings of and everyday encounters with mining, highlighting contradictory discourses of opencast mining, landscape and place, and the injustices associated with mining developments in this region.

scholarly journals Implementation of Good Environmental Governance in the Management of Forest Resources in Banten Province, Indonesia in terms of Environmental Law

2020 ◽  
Vol 7 (7) ◽  
pp. 211
Author(s):  
Imam Haryanto ◽  
Dwi Desi Yayi Tarina
Keyword(s):  
Natural Resources ◽  
Environmental Governance ◽  
Environmental Law ◽  
Forest Resources ◽  
Forest Product ◽  
Forest Area ◽  
The People ◽  
Industrial Markets ◽  
Environment Agency

Forests are an integral and inseparable part of the lives of the people who live around them. The potential of natural resources in Indonesia are plentiful, it has a severe impact and high damage. The deteriorating condition of forests, among others are also not balanced with the ability to create plantations and adequate in accordance with the needs of industrial markets. Of the total area of Banten Province amounting to 966,292 Ha, the Area of Forest Area in Banten Province in 2017 according to the Decree of Partial Determination of Forest Areas is an area of 195,286.09 Ha. The purpose of this research is to provide a solution to the Banten Provincial Environment Agency regarding its role in overseeing and controlling the management of forest product resources to implement good environmental governance. The method used in this research is an empirical normative juridical approach, which is an approach that focuses on norms or norms, so that the problem will be assessed and analyzed by referring to the applicable laws and regulations relating to the problem of managing forest resources.

scholarly journals PEMANFAATAN SUMBER DAYA ALAM DAN PELESTARIAN LINGKUNGAN HIDUP

2019 ◽  
Vol 17 (1) ◽  
Author(s):  
Kunarto Kunarto
Keyword(s):  
Environmental Management ◽  
Natural Resources ◽  
Rule Of Law ◽  
Environmental Law ◽  
National Development ◽  
Environmental Capacity ◽  
The Rule Of Law ◽  
Development Goals ◽  
Legal Policies ◽  
Goals And Objectives

<div class="page" title="Page 1"><div class="layoutArea"><div class="column"><p><span>In the perspective of environmental law, welfare which is the political goal of national law is not enough to be based only on the rule of law and democracy, but must also be based on the principles of the utilization of natural resources and environmental management. The principle must be a direction and policy making in the implementation of development, otherwise the welfare achieved will not last long, because Natural Resources as one of the elements of development capital cannot be functioned sustainable. Based on these arguments, conceptually the concept of implementing natural resource utilization and environmental management is the most important thing in national development that has been outlined in the legal policies set by the state or government to achieve the goals and objectives of environmental management. The goals and objectives are so that the environment is not damaged or polluted and maintained its function is preserved to preserve the carrying capacity and environmental capacity in order to achieve national development goals. If this function is not carried out properly, then the environment will be damaged or polluted, natural resources will be increasingly depleted, which in turn people's welfare which is one of the country's goals will not be achieved and sustainable. </span></p></div></div></div>

1. International Law and the Environment

2021 ◽  
pp. 1-44
Author(s):  
Alan Boyle ◽  
Catherine Redgwell
Keyword(s):  
Decision Making ◽  
Environmental Justice ◽  
Natural Resources ◽  
Public Participation ◽  
International Law ◽  
Environmental Law ◽  
Sustainable Use ◽  
Environmental Decision Making ◽  
Environmental Disputes ◽  
National Environmental

This chapter provides an overview of the purpose of this book. It starts by saying what the book does not expect to do. The text does not intend to answer the question whether the law we have now serves the needs of environmental justice or fairness among nations, generations, or peoples. It does, however, attempt to show, inter alia, how international law has developed a framework for cooperation on environmental matters between developed and developing states; for the adoption of measures aimed at control of pollution and conservation and sustainable use of natural resources; for the resolution of international environmental disputes; for the promotion of greater transparency and public participation in environmental decision-making; and for the adoption and harmonization of national environmental law.

scholarly journals PEMBANGUNAN BERKELANJUTAN MENJADI DASAR TERINTEGRASI DALAM PEMBANGUNAN SUATU WILAYAH BERDASARKAN UNDANG-UNDANG NO. 32 TAHUN 2009 TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP

LEGALITAS ◽  
2020 ◽  
Vol 5 (1) ◽  
pp. 65
Author(s):  
Farahwati Farahwati
Keyword(s):  
Environmental Management ◽  
Sustainable Development ◽  
Law Enforcement ◽  
Natural Resources ◽  
Natural Environment ◽  
Environmental Law ◽  
Development Planning ◽  
Environmental Laws ◽  
Judicial Procedures ◽  
Environmentally Sound

The environment on earth as regulated in Law No. 32 of 2009concerning Environmental Protection and Management, thatenvironmental management consists of the natural environment inaccordance with the understanding of ecosystem life and socialenvironment that is illustrated by the existence of human groups both insociety and in families and refers to the understanding of humanity(humanism), so that includes understanding about between nations,interregion and the built environment (originally thought to be man-made;man-made environment).Development needs to pay attention to environmental conditionsthat exist from the physical side (soil, water, air), biotics (flora, fauna),and culture (culture, interactions between people). Environmental qualityconditions will tend to continue to decline if not balanced with the conceptof sustainable development planning in an effort to preserve the existingenvironmental functions.The implementation of environmentally sound development and thecontrolled use of natural resources wisely is the main objective ofenvironmental management. Sustainable development is very closelyrelated to environmental management programs and policies.The nature of environmental law enforcement in sustainabledevelopment covers all environmental law systems with the aim ofprotecting and properly managing the environment and is an activity toimplement and apply just environmental laws and take legal actionagainst any violations or deviations of law committed by legal subjectseither through judicial procedures or through non-judicial procedures.Legal norms are the most dominant rules that are enforced with powerand for their violations subject to certain sanctions that have beenestablished by the State.

scholarly journals Differentiation or contrast nature management and environmental protection

2014 ◽  
Vol 2 (6) ◽  
pp. 237-241
Author(s):  
Сергей Боголюбов ◽  
Syergyey Bogolyubov
Keyword(s):  
Environmental Management ◽  
Natural Resources ◽  
Environmental Protection ◽  
Environmental Regulation ◽  
Environmental Law ◽  
Nature Management ◽  
Social Phenomena ◽  
Russian Law ◽  
Law And Legislation

Nature management and resources law (that are united by environmental law) form a comprehensive and integrated super-branch of Russian law and legislation. The regulation of organization of sustainable environmental management is inseparable from environmental regulation. Therefore their antagonistic opposition and baseless differentiation are inadmissible. The regulation of use of natural resources (natural resources law) constantly interacts with environmental regulation (environmental management law); the environmental law is intended not so much to differentiate these branches and sub-branches of environmental super-branch as to combine them. The environmental law should not be boundless, but it should have its own subject, methods, systems, affecting other social phenomena through their ecologization.

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