Towards an Effective Environmental Law for Developing Countries - Illustrated with the Recent Legislative Proposal for the Establishment of Regional and Municipal Protected Areas in Peru

Author(s):  
Franziska Weber
2021 ◽  
Vol 13 (11) ◽  
pp. 5882
Author(s):  
Rita Yi Man Li ◽  
Yi Lut Li ◽  
M. James C. Crabbe ◽  
Otilia Manta ◽  
Muhammad Shoaib

We argue that environmental legislation and regulation of more developed countries reflects significantly their moral values, but in less developed countries it differs significantly from their moral values. We examined this topic by using the keywords “sustainability” and “sustainable development”, studying web pages and articles published between 1974 to 2018 in Web of Science, Scopus and Google. Australia, Zimbabwe, and Uganda were ranked as the top three countries in the number of Google searches for sustainability. The top five cities that appeared in sustainability searches through Google are all from Africa. In terms of academic publications, China, India, and Brazil record among the largest numbers of sustainability and sustainable development articles in Scopus. Six out of the ten top productive institutions publishing sustainable development articles indexed in Scopus were located in developing countries, indicating that developing countries are well aware of the issues surrounding sustainable development. Our results show that when environmental law reflects moral values for betterment, legal adoption is more likely to be successful, which usually happens in well-developed regions. In less-developed states, environmental law differs significantly from moral values, such that changes in moral values are necessary for successful legal implementation. Our study has important implications for the development of policies and cultures, together with the enforcement of environmental laws and regulations in all countries.


2017 ◽  
Vol 1 (2) ◽  
pp. 133-157
Author(s):  
Parvez Hassan

Abstract In the post-colonial era, the newly emerging and independent states of Asia and Africa, supported by the developing world in South America, questioned the validity and legitimacy of norms of international law. Those norms were perceived to serve only the interests of the developed Western nations and were alien to the aspirations of the developing countries. International law has evolved over time, with a willingness to accept the viewpoint of new participants in the global process in a variety of contexts. These include the international protection of human rights and international law regarding the permanent sovereignty of nations over their natural wealth and resources. The interests of developing countries have been assimilated, though the extent to which this is done varies. A central message advanced is that the ultimate integrity of international law is the commonality and synthesis of the interests of all states, rich and poor, agricultural and industrial. The continuing contribution of developing countries, through their participation in conferences, negotiation of treaties and soft law texts, adds immeasurable strength to the current state and future development of international environmental law.


2016 ◽  
Vol 4 (1) ◽  
pp. 1-11 ◽  
Author(s):  
Shah Md. Atiqul Haq

AbstractNational parks and protected areas can contribute significantly to the needs of poor people who live in and around them and depend heavily on forest resources for their subsistence. Especially for the rural poor who have limited economic options, use of national park resources are the main source for their survival, giving them direct benefits from food, medicine and forest products. National parks can contribute to maintaining the ecosystem and biodiversity conservation, along with the economic benefits to the local population. National parks and protected areas can play a significant role in climate change mitigation as well. Nevertheless, benefits from these areas are not well recognized in management especially in developing countries by incorporating them for climate change mitigation. Though usually more priority is given to conservation, improvement of livelihood and climate change mitigation can be achieved by integrating national parks into management and policy, and by consideration of the potential of human resources. Thus the integration can improve the poverty situation of local people and help them to adapt to climatic change mitigation strategies. Therefore, management of national parks and protected areas should ensure the participation of local communities and stakeholders.


elni Review ◽  
2010 ◽  
pp. 18-22
Author(s):  
Thomas Ormond

The European Community regulation on shipments of waste which was adopted in May 2006 is now in application since 12 July 2007. Although one of the more voluminous instruments of EU environmental law – with 64 articles and 9 annexes – it was intended as a means of better legislation in comparison with the old Waste Shipment Regulation dating from 1993. The main purpose of the revision was to transpose recent changes of international law into EU legislation, as well as to harmonise, restructure and streamline the legal text in order to achieve greater clarity. Another objective, not least due to later insertions by the European Parliament during legislative proceedings, was to strengthen effective enforcement on various levels. However, against a rising tide of waste shipments or dubious “used goods” ending up as waste in developing countries, the EU regulation has yet to prove that it is an effective instrument of environmental protection on an international scale.


1993 ◽  
Vol 20 (3) ◽  
pp. 232-242 ◽  
Author(s):  
Sam H. Ham ◽  
David S. Sutherland ◽  
Richard A. Meganck

Interpretation is most effective when its form and content are adapted to the situations in which it will be presented. Although many developed countries have a long and rich tradition of interpretation, the physical, financial, and socio-economic, differences among and within developing nations suggest that this tradition will not always apply there. As our colleagues in developing countries look for interchange and suggestions, the temptation to impose our model—and the difficulty for them to accept it—will be great.Interpreters in developing countries need to pursue a different model—one which gives relative emphasis to interpretation's role in strategic environmental education for target audiences. Though not altogether excluding the visitor service function that is frequently emphasized in US protected areas, interpretive programmes in many developing countries are often included as just one component of country-wide environmental education master-plans aimed at establishing sustainable development as a national ideology.Host countries sometimes accept the conventional model too readily, often because the only available training materials are translated from these sources. When application falls short of expectations, in-country interpreters usually blame themselves or conclude that interpretation ‘just isn't for us—rather than questioning the model they have been handed. Universities must also share some of the responsibility for this sorry state of affairs. International students studying at US or European institutions sometimes return home better prepared to work as interpreters in those countries’ protected areas than in those in their own countries. Trainers and teachers, whether working at home or elsewhere, need to do a better job of listening to their students. They need to learn what it is like to be an interpreter in that student's country, and they need to learn what it is like to be part of the audience. Would we accept anything less of our own mentors and interpretive trainers?Clearly, a superior strategy to exporting our model of interpretation is to assist developing countries in arriving at their own. Over many decades, interpreters in the US and other developed countries have developed a profound knowledge about their craft. Although much of it will not apply everywhere, some of our ideas may have widespread application. The key will be to determine which ones these are. Working with our developed country colleagues, learning with them and through them, we can explore together a range of possibilities that neither of us is able to envision alone. Filtered through our cultures and individual realities, the ideas which have merit will be identified and put to test. Others will be rejected. In the very best scenario, both parties will learn, and sustainable environmental quality will be the result.


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