THE DOUBLE FAILURE OF ENVIRONMENTAL REGULATION AND DEREGULATION AND THE NEED FOR ECOLOGICAL LAW

2017 ◽  
Vol 26 (1) ◽  
pp. 265-285
Author(s):  
Massimiliano Montini
Keyword(s):  
Environmental Protection ◽  
Environmental Regulation ◽  
Economic Model ◽  
Environmental Law ◽  
Regulatory Regime ◽  
Second Phase ◽  
Negative Externalities ◽  
New Approach ◽  
The Law ◽  
Life On Earth

The evolution of environmental law in the last few decades has occurred in two main phases, which correspond to two opposing and sometimes conflicting trends. The first phase, which may be identified as the “environmental regulatory trend”, has been characterised by the attempt to protect the environment through the management of the negative externalities caused by the dominant economic model based on the pursuit of an unrestrained growth. Such a regulatory trend, despite producing an enormous corpus of legislation, has shown many deficiencies. The shortcomings of the environmental regulation trend have therefore paved the way for the advent of the second phase, characterised by an “environmental deregulatory trend”, which has promoted a shift towards the progressive revision of the existing legislation, with a view to simplifying and streamlining it. Unfortunately, both approaches have resulted in a substantial failure. The aim of the present paper is to analyse the double failure of environmental regulation and deregulation and to promote a possible way out. This will be identified as the need to revise the current regulatory regime for environmental protection and to promote a shift towards a new ecologically based approach to the law, which should primarily aim at the protection of the health and integrity of the ecosystems which support life on Earth. Moreover, in order to signal the decisive shift that the new approach should mark, a corresponding change in the name of the law aimed at the protection of the environment and ecosystems will be proposed: from environmental law to ecological law.

IMPACT OF THE ROLE OF THE JURISPRUDENCE OF THE EUROPEAN UNION COURT OF JUSTICE IN THE FIELD OF ENVIRONMENTAL PROTECTION

2018 ◽  
Vol 4 (2) ◽  
pp. 77-89
Author(s):  
Anna Kęskiewicz
Keyword(s):  
European Union ◽  
Environmental Protection ◽  
Environmental Law ◽  
Point Of View ◽  
The European Union ◽  
European Union Law ◽  
Court Of Justice ◽  
The Law ◽  
Law Making

The use of dogmatic-legal, empirical and linguistic semantics methodology is focused on sharing for better understanding of the law. Therefore, views on European jurisprudence have been presented in the paper. Without a doubt, the law-making nature of European Union law takes into account the field of environmental protection. Articles in law define the tasks that are important from the point of view of European legislation. The written nature of these determinants of the reasoning of the possibilities of environmental protection plays an important role in the interpretation of environmental law.

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

scholarly journals Current Environmental Regulation of the Alberta Oil and Gas Industry and Emerging Issues

1990 ◽  
Vol 28 (1) ◽  
pp. 171
Author(s):  
Albert J. Hudec ◽  
Joni R. Paulus
Keyword(s):  
Environmental Regulation ◽  
Oil And Gas ◽  
Environmental Law ◽  
Insurance Coverage ◽  
Oil And Gas Industry ◽  
Environmental Damage ◽  
Regulatory Structure ◽  
Gas Industry ◽  
Emerging Issues ◽  
The Law

As the environmental law regime in Alberta becomes increasingly detailed and stringent, participants in the oil and gas industry will face greater liability arising from environmental damage. This paper reviews the current provincial environmental regulatory structure as it applies to the oil and gas industry. Prospective developments in the law are also considered. The drafting of operating agreements, sale of oil and gas assets, and the liability of subsequent users are discussed in this context. Insurance coverage for environmental damage and the liability of lenders are also examined.

ENVIRONMENTAL REGULATION OF THE UPSTREAM GAS INDUSTRY IN QUEENSLAND: A NEW APPROACH

1998 ◽  
Vol 38 (2) ◽  
pp. 160
Author(s):  
A.C. Walter ◽  
C.J. Jones
Keyword(s):  
Impact Assessment ◽  
Environmental Protection ◽  
Environmental Regulation ◽  
Self Regulation ◽  
Assessment Process ◽  
Regulatory Regime ◽  
Gas Industry ◽  
Tier System ◽  
Regulation Model ◽  
The Impact

The environmental regulation of the upstream gas industry in Queensland is based on the principles of ecologically sustainable development. There is an increasing emphasis on meeting the expectations of the general community with respect to impact assessment, the environmental performance of the industry and the ability of government to provide effective regulation. In Australian States, regulation of the industry is generally characterised by a combination of industry self-regulation and government licensing and co-regulation policies.Environmental administration and regulation in Queensland, that is, impact assessment, planning and monitoring of performance, is undertaken by the Department of Mines and Energy, primarily through Regional Offices. Direction is provided principally by Department policy and the Environmental Protection Act.Case studies are presented which illustrate the impact assessment processes for three different types of gas development projects: gas field development in southwest Queensland; construction of a gas pipeline; and development of a coal seam methane project.The Queensland Government is currently developing an Environmental Protection Policy for the upstream petroleum industry (the EPP (Petroleum)). The process of developing the EPP has involved considerable community and stakeholder input to encourage acceptance of the Policy by all parties. The process has identified several key issues for industry including: the need for multiple land use; the incremental nature of petroleum development (including the gas industry); the need to strengthen the impact assessment process; the need for an integrated, single agency regulatory regime; the need for greater accountability of both industry and government; and the need for adequate resourcing of environmental regulation.A possible new regulatory regime for the industry in Queensland, based on the co-regulation model, may include a two-tier system of impact assessment and a combination of compliance for operations with Codes of Practice or a project specific Environmental Management Plan and licences for emissions and certain high impact activities.The administrative framework would be provided by the Petroleum Act which is currently undergoing a major review.

A Reflexive Model of Environmental Regulation

1995 ◽  
Vol 5 (4) ◽  
pp. 779-794 ◽  
Author(s):  
Eric W. Orts
Keyword(s):  
United States ◽  
Environmental Protection ◽  
Environmental Regulation ◽  
Environmental Protection Agency ◽  
Urban Areas ◽  
Environmental Law ◽  
Current System ◽  
The United States ◽  
Good News ◽  
Rapid Phase

Although contemporary methods of environmental regulation have registered some significant accomplishments, the current system of environmental law is not working well enough. First the good news: Since the first Earth Day in 1970, smog has decreased in the United States by thirty percent. The number of lakes and rivers safe for fishing and swimming has increased by one-third. Recycling has begun to reduce levels of municipal waste. Ocean dumping has been curtailed. Forests have begun to expand. One success story is the virtual elimination of airborne lead in the United States. Another is the rapid phase-out of ozone-layer depleting chemicals worldwide. Nevertheless, prominent commentators of diverse political persuasions agree in an assessment that conventional models of environmental law have “failed.” Many environmental problems remain unsolved: species extinction, global desertification and deforestation, possible global climate change, and continuing severe air and water pollution in urban areas and poor countries. What is more, successful environmental protection has come only at enormous economic cost. By the year 2000, the Environmental Protection Agency (EPA) estimates that the United States will spend approximately two percent of its gross national product on environmental pollution control. Academic economists have pointed out the nonsensical inefficiency of many environmental regulations, but usually to no avail.

scholarly journals Environmental Regulation and Corporate Financing—Quasi-Natural Experiment Evidence from China

2018 ◽  
Vol 10 (11) ◽  
pp. 4028 ◽  
Author(s):  
Xinghe Liu ◽  
Enxian Wang ◽  
Danting Cai
Keyword(s):  
Environmental Protection ◽  
Environmental Regulation ◽  
Natural Experiment ◽  
Environmental Law ◽  
Mediating Effect ◽  
Control Group ◽  
Chinese Society ◽  
Chinese Stock Market ◽  
Corporate Financing ◽  
The Impact

The Environmental Protection Law, which includes 70 articles and major changes in six aspects compared to the old law, is called in Chinese society the new Environment Protection Law. When the law was implemented in 2014, it was an important event in China that could be seen as a natural experiment. Based on a difference-in-differences model, this paper considers all of the listed heavily polluting enterprises between 2011 and 2016 as the experimental group and all of the other firms in the same industries listed on the Chinese stock market as the control group and examines the impact of the new Environmental Protection Law on the corporate financing of heavily polluting enterprises and its mechanisms. The results show that the strict environmental law caused Chinese listed enterprises to face higher environmental regulation costs, public pressure and environmental litigation. The financing capacity of heavily polluting enterprises has dropped significantly, especially in areas with higher regulatory intensity. Furthermore, since the new Environmental Protection Law was established, overinvestment by China’s heavily polluting enterprises has been significantly inhibited, and the decline in financing capacity exerts a mediating effect. The ultimate economic consequences of the new Environmental Protection Law are to decrease the corporate value of heavily polluting industries.

scholarly journals Sejarah Perkembangan Hukum Lingkungan di Indonesia

2019 ◽  
Vol 8 (2) ◽  
Author(s):  
- Risfalman
Keyword(s):  
Environmental Protection ◽  
Environmental Law ◽  
Quality Standards ◽  
World War ◽  
Conference Participant ◽  
Negative Effects ◽  
Legal Concept ◽  
The Law ◽  
Stockholm Conference

World War has produced many negative effects. Environmental pollution is one of the negative effects of world war. Pollution in the world is increasingly alarming. On this basis, the United Nations conducted an environmental conference in June 1972 in Stockholm, Sweden. The Stockholm Conference is considered the highest peak of environmental awareness at the international level. The Stockholm Conference produced an environmental legal concept called suitanable development. The results of the Stockholm conference underwent follow-up and obliged the conference participant countries to ratify it. Indonesia fulfilled this obligation by establishing Law No. 4 of 1982 concerning the basic provisions of environmental management. The law has several important instruments in environmental protection, namely an analysis of environmental impacts and environmental quality standards. In 1997 the law was revised and underwent several additions to environmental protection instruments. The final revision of environmental law is Law No. 32 of 2009 concerning environmental protection and management. The latest law has more complex environmental protection instrumentsKeyword: History, Development, Environmental Law

5. International law and environmental protection

2017 ◽  
Author(s):  
Stuart Bell ◽  
Donald McGillivray ◽  
Ole W. Pedersen ◽  
Emma Lees ◽  
Elen Stokes
Keyword(s):  
International Law ◽  
Environmental Protection ◽  
Environmental Law ◽  
Private International Law ◽  
Direct Impact ◽  
International Treaties ◽  
National Legislation ◽  
The Law ◽  
The Uk ◽  
Domestic Law

This chapter describes the development, scope, and application of international environmental law, which has expanded significantly since the late 1960s. The focus is on international treaties relating to environmental protection. The chapter is restricted to discussing public, rather than private, international law—that is, the law between states, rather than the conflict of legal systems. International law has often been regarded as something rather closer to international relations due to the fact that there is no single body with the power to make and enforce law against states, companies, or individuals effectively. In the UK, international law does not necessarily have a direct impact on domestic law or on individuals. Treaties need to be given effect to through national legislation and are concerned with the action of states, not individuals within states—with some notable exceptions, such as the law on war crimes.

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.

Informational Requirements and Environmental Protection

2019 ◽  
pp. 971-995
Author(s):  
Karen Morrow
Keyword(s):  
Environmental Protection ◽  
Environmental Law ◽  
Environmental Information ◽  
United Nations Economic Commission ◽  
New Approach ◽  
Economic Commission ◽  
Disclosure Of Information ◽  
Emerging Issues ◽  
Selective Disclosure

This chapter discusses the role of informational requirements in environmental protection. It first provides an overview of the nature of informational requirements in environmental law before discussing the role of states in controlling environmental information. It then considers the new approach towards access to environmental information that has been adopted by Principle 10 of the Rio Declaration, the pursuit of regional international hard law on Principle 10, and key provisions of the Aarhus and draft United Nations Economic Commission for Latin America and the Caribbean (UNECLAC) Conventions relating to access to information. The chapter also explores the state-mandated public disclosure of information by companies as well as companies’ voluntary and selective disclosure of information before concluding with an analysis of some emerging issues relating to environmental information in the age of information technology.

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