scholarly journals The End of Enlightened Environmental Law?

2019 ◽  
Vol 31 (3) ◽  
pp. 399-411 ◽  
Author(s):  
Brian J Preston
Keyword(s):  
Natural Environment ◽  
Scientific Method ◽  
Environmental Governance ◽  
Environmental Law ◽  
Environmental Problems ◽  
Intuitive Reasoning ◽  
Environmental Laws ◽  
The World ◽  
The Law

Abstract The rise of populism threatens enlightened environmental law. In an age where ignorance is seen as a virtue, not a vice, environmental laws risk regression. No longer are debates about environmental problems driven by opinions founded on evidence, scientific method and reason. Instead, these debates, and how the law should address them, are driven by differing ways of viewing the world. Populists play on cultural biases and intuitive reasoning, personalise politics and use seductive slogans to distort the reality of environmental problems. As we become further estranged from our natural environment, people no longer can verify or deny these populist claims. This comment examines some of the ways populism has taken hold of environmental governance and how it might be addressed.

scholarly journals Environment and Law, What Is the Indonesian Context? A Review Book 'Hukum Lingkungan Sebuah Pengantar untuk Konteks Indonesia', Prof. Dr. H. M. Hadin Muhjad, SH., M.Hum., PT Genta Publishing, Yogyakarta, 2015, 232 pages, ISBN: 978-602-1500-25-5

2021 ◽  
Vol 3 (1) ◽  
pp. 129-136
Author(s):  
Berlian Putri Haryu Lestari
Keyword(s):  
Natural Environment ◽  
Environmental Law ◽  
Legal Science ◽  
The Law ◽  
The Stability

 The environment consists of places or places, where there are various places of life such as the environment, natural environment, and others, in this book, explains that the environment is a place to live for the community, so do not be surprised if there are special requests or requests for the stability of nature. Direct Environment with nature, we can discuss the purpose of Environmental Law in this book because it has a language that is easily understood by every circumstance. In Chapter 1, this book explains about the Definition and Regulation of Environmental Law, What Is Environmental Law? According to this book, this proves that environmental law in a simple sense is the law that regulates the environmental order (Munadjat, 1980: 105). This book contains opinions about the term Environment that forms a new concept in Legal Science

4. The history of environmental law

2017 ◽  
pp. 36-50
Author(s):  
Elizabeth Fisher
Keyword(s):  
Middle Ages ◽  
Environmental Law ◽  
Environmental Problems ◽  
Ancient Rome ◽  
Environmental Laws ◽  
International Dimension ◽  
Collective Management ◽  
History Of ◽  
The Commons ◽  
The 1960S

‘The history of environmental law’ explains that environmental problems have been inherent in civilization since the beginning and have needed collective management. It tracks environmental issues and how societies managed them from ancient Rome to the Middle Ages, and then through to industrialization. The increasing international dimension of environmental problems is discussed, as well as the emerging environmentalism of the 1960s. The 1970s saw regional and international agreements signed in relation to a range of pollution and nature conservation issues, but there was disenchantment by the 2000s when environmental laws began to be seen as a threat to economic growth. Finally, the ultimate tragedy of the commons—climate change—is discussed.

scholarly journals Treaty-Making and Treaty Evolution

2008 ◽  
Author(s):  
Thomas Gehring
Keyword(s):  
Environmental Governance ◽  
Environmental Law ◽  
International Environmental Law ◽  
Normative Development ◽  
Single Output ◽  
Environmental Treaty ◽  
Different Types ◽  
The Law ◽  
Law Making ◽  
Institutional Fragmentation

This article examines how the establishment and operation of environmental treaty systems helps to create and develop international environmental law. It inquires into the emergence of environmental treaty systems and identifies two characteristics of the evolving law-making structure: first, the ‘constitutionalisation’ of treaty systems through the creation of new structures for the making of international environmental law, and, second, the institutional fragmentation of international environmental governance. The article then considers the policy-making dimension of environmental treaty systems and identifies three areas of intra-institutional activity relevant to the law-making process: broadening and tightening commitments over time; elaborating upon, and in some cases redefining, existing obligations through an administrative process; and undertaking scientific and technical assessments to reinforce and accelerate normative development. It also explores the output of the law-making process, arguing that different types of law emerge. Whereas regular treaty law is still the most important single output of environmental law-making, it is supplemented by law emerging from simplified amendment procedures and secondary decisions of competent treaty bodies.

scholarly journals PENGATURAN TINDAK PIDANA DALAM UNDANG-UNDANG NOMOR 32 TAHUN 2009 TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP (Tinjauan Fiqh Al- Bi’ah)

2017 ◽  
Vol 6 (2) ◽  
pp. 173
Author(s):  
Muhammad Ridwansyah
Keyword(s):  
Environmental Protection ◽  
Research Method ◽  
Environmental Governance ◽  
Environmental Law ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Legal Norms ◽  
Criminal Sanctions ◽  
The Law ◽  
The Government

The setting of environmental law in Indonesia has started to improve since the Law Number 32 of 2009 on Environmental Protection and Management contains criminal act for every person who violates the provisions. It is stated in Article 98, 99, 100. This research method is a library or literature research which is conducted to gather secondary data in the field of environmental law and fiqh al-bi’ah. This research is normative law research while the nature of this research is descriptive analysis. It aimed to give a systematic illustration on legal norms that was found in law number 32 of 2009 and environmental fiqh accurately and the criminal sanctions review used in both arrangements. In this study there were two questions first, how is the arrangement of criminal act in Law No. 32 of 2009 on Environmental Protection Management. The second is whether the concept of fiqh al bi’ah is in line with Law No. 32 of 2009 on Environmental Protection Management. The result from this study is that the criminal act contained in the Law No. 32 of 2009 on Environmental Protection Management has not been enough to trap the environmental destroyer so that the government is expected to revise the unsuitable articles. Furthermore, the result of this research shows the similarity concept between fiqh al bi’ah and environmental governance in Indonesia. The concept offered by fiqh al bi’ah is a part of maqashidul syari’ah where Islam strongly recommended to maintain the environment. Keywords: environment, Fiqh Al-Bi’ah, Maqashidul Syari’ah

Essence of International Environmental Law to Address the Effects of Climate Change

2019 ◽  
pp. 220-236
Author(s):  
Md. Mahfuzar Rahman Chowdhury
Keyword(s):  
Climate Change ◽  
Sustainable Development ◽  
Positive Result ◽  
Rapid Growth ◽  
Environmental Law ◽  
Environmental Problems ◽  
Global Environment ◽  
Adverse Impact ◽  
International Environmental Law ◽  
The World

Environmental problems are enormous around the world and threaten the global environment. In most cases, these problems are caused by rapid growth of population and poverty. Climate change and sustainable development are inter-linked and are priority issues in the development continuum. Any adverse impact on the environment and biodiversity can cause the restriction of resources and limit available options. Concerted efforts of all the states can bring positive result to address the effects of climate change. Compliance with the treaty provision and sharing of resources and actions among the states can ensure proper utilization of resources and sustainable development.

Essence of International Environmental Law to Address the Effects of Climate Change

2022 ◽  
pp. 1049-1065
Author(s):  
Md. Mahfuzar Rahman Chowdhury
Keyword(s):  
Climate Change ◽  
Sustainable Development ◽  
Positive Result ◽  
Rapid Growth ◽  
Environmental Law ◽  
Environmental Problems ◽  
Global Environment ◽  
Adverse Impact ◽  
International Environmental Law ◽  
The World

Environmental problems are enormous around the world and threaten the global environment. In most cases, these problems are caused by rapid growth of population and poverty. Climate change and sustainable development are inter-linked and are priority issues in the development continuum. Any adverse impact on the environment and biodiversity can cause the restriction of resources and limit available options. Concerted efforts of all the states can bring positive result to address the effects of climate change. Compliance with the treaty provision and sharing of resources and actions among the states can ensure proper utilization of resources and sustainable development.

scholarly journals How Can the Law Protect the Forest?

2021 ◽  
Vol 2 (4) ◽  
pp. 527-538
Author(s):  
Winda Indah Wardani
Keyword(s):  
Law Enforcement ◽  
Needs Assessment ◽  
Forest Fires ◽  
Environmental Law ◽  
Living Environment ◽  
Forest Protection ◽  
World Community ◽  
The World ◽  
The Law ◽  
The Impact

Forest area is a living environment that must be preserved. Therefore, forest protection is done through law no 18 of 2013 on the prevention and eradication of forest destruction. Although there is normative forest protection, forest fire and destruction cases are still common. So that the implementation of environmental law enforcement in Indonesia needs assessment has been appropriate or not with the law. Then if there is any inconsistency with the applicable regulations, it is necessary evaluation and solution to answer the problem. So that the goal of protecting the forest can be realized. Given the impact of forest fires and forest destruction is not only felt by people in the country but also the world community.

Environmental Law: A Very Short Introduction

2017 ◽  
Author(s):  
Elizabeth Fisher
Keyword(s):  
Environmental Protection ◽  
Environmental Law ◽  
Environmental Problems ◽  
Short Introduction ◽  
Political Conflicts ◽  
Limits Of Knowledge ◽  
The Law ◽  
Controversial Area ◽  
Vast Area

Environmental law is the law concerned with environmental problems. It is a vast area of law that operates from the local to the global, involving a range of different legal and regulatory techniques. In theory, environmental protection is obvious and ethically desirable. Yet, in practice, environmental law is a messy and complex business fraught with conflict. Environmental Law: A Very Short Introduction discusses the nature and practice of environmental law, and explores the role of lawmakers, courts, and regulators. It analyses why environmental law is both a fundamental and controversial area of law, dealing with multiple interests, socio-political conflicts, and the limits of knowledge about the environment, using examples from across the globe.

Sciences, Environmental Laws, and Legal Cultures: Fostering Collective Epistemic Responsibility

2019 ◽  
pp. 748-768
Author(s):  
Elizabeth Fisher
Keyword(s):  
Environmental Law ◽  
Legal Culture ◽  
Environmental Problems ◽  
The State ◽  
Environmental Action ◽  
Epistemic Responsibility ◽  
Environmental Laws

This chapter examines the roles of sciences in environmental law and the challenges created by the sciences/environmental law interface. It begins with a discussion of three roles played by the sciences in different areas of environmental law. First, the sciences can help identify environmental problems, their causes, and their possible solutions. Second, the sciences are a key component of the practice of environmental law and regulation. Third, the sciences play a symbolic role in the process of legitimizing environmental action by the state. The chapter goes on to consider the challenges involved in the interrelationship between the sciences and environmental law, the different ways in which science has been ‘contained’ as a response to those challenges, and how this leads to a failure of communities to take collective epistemic responsibility and legal culture seriously. It also explores the issue of kettling the sciences in environmental law.

Part VI Actors, Ch.39 Sub-National Actors

2021 ◽  
Author(s):  
Osofsky Hari M
Keyword(s):  
Environmental Governance ◽  
Environmental Law ◽  
Environmental Problems ◽  
Voluntary Agreements ◽  
International Environmental Law ◽  
International Environmental Governance ◽  
Nation States ◽  
International Environmental Problems ◽  
Law Making

This chapter explores the evolving role of sub-national actors in international environmental law. As a matter of formal law, international environmental law is formed among sovereign nation-states; sub-national actors are treated as sub-units of their nation-states. However, sub-national actors, through transnational networks, are playing a growing role in international environmental governance. The chapter focuses on three aspects of sub-national actors' participation in international environmental law. First, it considers why including sub-national actors is crucial to solving international environmental problems. Second, it examines the emergence of networks interacting with international environmental law-making and each other at transnational, national, and sub-national scales. Third, it analyses how those networks interact directly with the formal processes of international environmental law-making and develop the parallel voluntary agreements in which sub-national actors pledge to uphold commitments made by nation-states.

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