Protecting the Environment Through Union Sanctions: The Many Facets of the Enforcement of EU Environmental Law

2021 ◽  
pp. 267-289
Author(s):  
Francesco Munari
Keyword(s):  
Environmental Law ◽  
The Many

"Green Trade Protectionism": An Analysis of Three New Issues that Affect Developing Countries

2014 ◽  
Vol 02 (02) ◽  
pp. 1450016 ◽  
Author(s):  
María Victoria LOTTICI ◽  
Carlos GALPERÍN ◽  
Julia HOPPSTOCK
Keyword(s):  
Developing Countries ◽  
Market Access ◽  
Environmental Law ◽  
Developed Countries ◽  
Green Economy ◽  
Environmental Goods ◽  
Social Legitimacy ◽  
Goods And Services ◽  
The Many ◽  
Change Response

The environment is increasingly being used to justify protectionist measures that enjoy greater social legitimacy. Over the last few years, new issues have emerged in relation to this, and three of them are analysed in this paper: green growth and green economy, climate change response measures, and the liberalization of environmental goods and services. These new issues are being used both to apply barriers to goods and services coming from developing countries and to improve the market access of developed countries' exports of industrial products. All this amounts to "green protectionism" which is aimed at improving the trade balance of developed countries, particularly in relation to developing countries. In the many fora where these topics are being discussed, Argentina states that these issues should neither result in green protectionism nor encourage policies that constitute disguised restrictions on international trade, which is inconsistent with the multilateral trading system and with international environmental law, and in particular with the principle of common but differentiated responsibilities.

The role of environmental law

2018 ◽  
pp. 298-303
Author(s):  
Cinnamon P. Carlarne ◽  
Jeffrey M. Bielicki
Keyword(s):  
Hydraulic Fracturing ◽  
National Parks ◽  
Environmental Law ◽  
Well Being ◽  
Complex Relationship ◽  
The Many ◽  
Us National Parks

Analysing and developing environmental law requires a broad analysis of the interplay of many factors. This chapter explores some of the many ways in which environmental law influences the connections between nature and people. The chapter does not explore these connections in minute detail, but instead: (i) examines what is meant by ‘environmental law’; (ii) pushes for a broader understanding of the interactions between law, nature, and human well-being; and (iii) provides two examples of the complex relationship between environmental law and human well-being. It provides an overview of environmental law and its origins. It also presents the motivations for environmental law. Finally, hydraulic fracturing and US national parks are used as examples of environmental law and human well-being contexts. These examples highlight some of complicated ways in which environmental law affects human well-being, and demonstrates the need for an expansive view of what well-being entails.

9. The many forms of environmental justice

2017 ◽  
pp. 110-124
Author(s):  
Elizabeth Fisher
Keyword(s):  
Environmental Justice ◽  
Environmental Protection ◽  
Environmental Law ◽  
Environmental Problems ◽  
Legal Rights ◽  
Political Complexity ◽  
New Ideas ◽  
The Creation ◽  
The Many ◽  
Environmental Democracy

For many lawyers and non-lawyers alike environmental law is, and should be, about justice. The socio-political complexity of environmental problems means, however, that justice in the environmental law context is not a single ideal. It is many ways of forging meaning that cross and intersect the landscape of environmental law. ‘The many forms of environmental justice’ first considers the environmental rule of law, which has been aided by the creation of courts and tribunals with the expertise to hear and adjudicate environmental law disputes. It then discusses environmental democracy and the creation and enforcement of legal rights, followed by new ideas, including Earth jurisprudence and wild law, and indigenous concepts of environmental protection.

Ecology in Islam

2019 ◽  
Author(s):  
Rosemary Hancock
Keyword(s):  
Islamic Law ◽  
Environmental Law ◽  
Natural World ◽  
Environmental Crisis ◽  
Close Analysis ◽  
The Many ◽  
Management Institutions ◽  
Relationship Of ◽  
The Relationship ◽  
Muslim Scholars

Starting in the late 1960s, a small number of Muslim scholars turned their attention to how the Islamic scriptures and intellectual tradition might help Muslims understand and respond to climate change and environmental crisis. In building this Islamic approach to ecology, these scholars undertook close analysis of the Qur’an, the Sunnah (the collected traditions of the Prophet Muhammad), centuries of Islamic law, and the writings of Sufi mystics and scholars in order to construct Islamic environmental theologies and law. This Islamic ecology remained on the margins of mainstream Islamic discourse for decades, but the participation of Muslims in environmental movements is growing and with it, the need for an Islamic ecology. In developing environmental theologies, Muslim scholars focus upon the relationship of God to the natural world, positing that as God’s creation, the natural world is a sign through which humanity can experience God. Although the natural world is “made useful” to humanity, humans do not have absolute dominion over creation. Rather, humanity is Khalifah—God’s representative or steward on earth. The development of Islamic environmental law from within the shari’ah tradition is arguably just as—if not more—important as articulating an Islamic environmental theology. Some Muslim environmentalists argue for the revival of Islamic land management institutions and look to the many regulations regarding agriculture and water management found in shari’ah as avenues for implementing Islamic environmental law.

Law and Participation

2009 ◽  
Vol 8 (4) ◽  
pp. 580-601
Author(s):  
Matthias Baier
Keyword(s):  
Legal System ◽  
Genetically Modified Organisms ◽  
Environmental Law ◽  
Genetically Modified ◽  
Sociology Of Law ◽  
The Law ◽  
Internal Operations ◽  
Legal Frameworks ◽  
The Many

AbstractThe main problem discussed in this paper is that the legal system might be dysfunctional to various political participatory ambitions. Participation implies inclusion, but we see examples of exclusion that originate from internal operations of the legal system. Considering the many instances of participatory instruments embedded in legal frameworks in many sectors of society, it is important to ask what kind of problems the law might cause and the reasons behind these problems. With environmental law and regulation of genetically modified organisms (GMOs), as examples, this essay analyses the paradoxical tendencies of the legal system to exclude citizens even when regulations have the purpose of including them. The scientific residence of this essay is sociology of law.

scholarly journals Friend or foe? International environmental law and its structural complicity in the Anthropocene’s climate injustices

2020 ◽  
Author(s):  
Louis J. Kotzé ◽  
Louise du Toit ◽  
Duncan French
Keyword(s):  
Environmental Law ◽  
Energy Resources ◽  
International Environmental Law ◽  
The Many

In this paper, we focus on the structural complicity of international environmental law (IEL) in causing and exacerbating climate injustices. We aim to show that although the intentions behind IEL may be well-meaning, it often inadvertently, but also deliberately at times, plays a role in creating, sustaining and exacerbating the many paradigms that drive climate injustice in the Anthropocene. We focus on three aspects: IEL’s neoliberal anthropocentrism; its entanglement with (neo)colonialism; and its entrenchment of the sovereign right to exploit energy resources. We conclude with a call for thoroughgoing, and urgent, reform of IEL. En este artículo, nos centramos en la complicidad estructural del derecho ambiental internacional (DAI) en el origen y la exacerbación de injusticias climáticas. Pretendemos mostrar que, pese a que las intenciones detrás del DAI puedan ser buenas, frecuentemente de forma inadvertida, pero a veces también deliberadamente, desempeña un papel en el origen, el mantenimiento y el agravamiento de muchos paradigmas que dirigen la injusticia climática en el Antropoceno. Nos centramos en tres aspectos: el antropocentrismo neoliberal del DAI; su implicación con el (neo)colonialismo; y su reforzamiento del derecho soberano a explotar recursos energéticos. Concluimos con una llamada a una reforma integral y urgente del DAI.

scholarly journals A Retrospective and Prospective Overview of the Developmental Trends of Environmental Laws in Pakistan.

2020 ◽  
Vol 1 (1) ◽  
Author(s):  
Maria Zaib Khan Awan ◽  
Muhammad Asim ◽  
Salman Manzoor
Keyword(s):  
Environmental Law ◽  
Natural Habitat ◽  
Daily Basis ◽  
Production Performance ◽  
Grass Root ◽  
Growing Economy ◽  
The Government ◽  
Fact Finding ◽  
The Many ◽  
Medium Enterprises

This research paper is a prospective and retrospective view of the many changes in environmental law dynamics that have occurred in the country of Pakistan over the years. It will take a unique perspective of qualitative methods and attempt to look at the core reasons why the current industrial infrastructure is not conducive for a change towards sustainability. The paper shall put forward a questionnaire that will judge the exact amount of disconnect between the government and the public regarding core environmental issues that Pakistan faces on a daily basis. It will try to debunk the prevalent notion in the small to medium enterprises which is that moving towards sustainability would mean a reduction in production performance and revenue. The laws and their imposition methods shall also be discussed in light of the current affairs of major industrial cities. No natural habitat is safe from the unsustainable practices of the country and it has caused irreparable damage to both land and water bodies of the country. The need to be sustainable is now more present than ever, as Pakistan wants to project a healthy global image to attract investors and businesses into its growing economy. Furthermore health and environmental campaigns also need to gain traction in order to attract more tourism thus in accordance more revenue into the country. This report will act as a fact finding effort from the grass root levels of the industry and will qualitatively explain how much work needs to be done in this regard.

The New Offshore Oil and Gas Installation Abandonment Wave and the International Rules on Removal and Dumping

2014 ◽  
Vol 29 (3) ◽  
pp. 480-520
Author(s):  
Youna Lyons
Keyword(s):  
International Law ◽  
Oil And Gas ◽  
Environmental Law ◽  
Shallow Waters ◽  
Offshore Platforms ◽  
International Environmental Law ◽  
Western Africa ◽  
Offshore Oil And Gas ◽  
The Many ◽  
Offshore Oil

With more than 7000 offshore platforms installed globally for hydrocarbon exploitation, the fate of the many platforms nearing the end of their 20–30-year commercial life becomes critical. New decommissioning regions include Southeast Asia and Western Africa, where most offshore oil- and gas-producing countries have not become parties to the 1972 London Convention against dumping nor to its 1996 Protocol. This article discusses the application of these international rules against dumping at sea to the disposal at sea of offshore platforms in these countries. It also explores the way in which relevant instruments of international law could combine to apply to the decommissioning of offshore platforms, including platforms that are light and located in shallow waters, and/or those covered by and/or supporting endangered species. Overall this article challenges the paradigm that full removal should be the primary solution to offshore decommissioning and proposes a case-by-case approach under the guiding principles of the law of the sea and international environmental law.

2. Environmental problems

2017 ◽  
pp. 6-18
Author(s):  
Elizabeth Fisher
Keyword(s):  
Climate Change ◽  
Air Pollution ◽  
Physical Environment ◽  
Environmental Law ◽  
Environmental Problems ◽  
Finite Capacity ◽  
Common Structure ◽  
The Common ◽  
The Creation ◽  
The Many

The inherent complexity of environmental problems resonates throughout the creation and operation of environmental law. It shapes its structure and gives rise to questions that push the legal imagination of lawyers. ‘Environmental problems’ discusses the many types of environmental problems—from air pollution and wilderness destruction to waste dumping and climate change—and considers their common structure. It outlines the common structure of these problems and explains the finite capacity of the physical environment. Science has played a fundamental role in increasing our understanding of environmental problems, but it is also limited by the fact that in studying the environment we are studying large holistic systems in which there are multiple interconnected elements.

Identifying suboptimalities with factorial model comparison

2018 ◽  
Vol 41 ◽  
Author(s):  
Wei Ji Ma
Keyword(s):  
Experimental Design ◽  
Model Comparison ◽  
Process Models ◽  
Multiple Forms ◽  
Factorial Experimental Design ◽  
Factorial Model ◽  
Multiple Components ◽  
The Many

AbstractGiven the many types of suboptimality in perception, I ask how one should test for multiple forms of suboptimality at the same time – or, more generally, how one should compare process models that can differ in any or all of the multiple components. In analogy to factorial experimental design, I advocate for factorial model comparison.

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