Strengthening national environmental governance to promote sustainable development

Author(s):  
Scott Fulton ◽  
Steve Wolfson
Obiter ◽  
2021 ◽  
Vol 42 (1) ◽  
pp. 162-174
Author(s):  
Bramley Jemain Lemine

Wetlands are regulated by a plethora of specific environmental management Acts (SEMAs). The mandate of these Acts sits within various environmental affairs departments. Thus, the same resource is regulated and managed by a series of different legislation and environmental administrators. The National Environmental Management Act 107 of 1998 (NEMA) is the national environmental framework Act and stresses in its purpose the need for cooperative environmental governance (CEG) which, arguably, raises no concern for the way wetlands are currently regulated and managed, as long as this is done in a manner that promotes CEG. Section 2 of NEMA sets out a series of sustainable development principles that all organs of state must apply in all matters relating to the environment; “environment” is read throughout to include wetlands. Section 2(4)(l) is dubbed the “co-operative governance principle” and mandates the “intergovernmental co-ordination and harmonisation of policies, legislation and actions relating to the environment”. With this in mind, this note, by way of a document analysis, seeks to ascertain whether legislation and policies and action relating to the wetlands regulation and management are in fact coordinated. The presented findings indicate that coordination is lacking, which consequently adversely affects the management, conservation and protection of wetlands in South Africa. The recommendations aim to bring about law reform to improve coordination that bolsters wetlands management as well as their conservation and protection, while simultaneously promoting the objectives of section 41 of the Constitution of the Republic of South Africa, 1996 (the Constitution).


2021 ◽  
Vol 1 (11) ◽  
pp. 37-46
Author(s):  
Rita I. Batyaeva ◽  
◽  
Tat’yana G. Shelkunova ◽  
Irina Yu. Khetagurova ◽  
Tamara G. Khetagurova ◽  
...  

The article provides an overview of the effects of the resonant impact of clusters on the ability of mountain areas to adapt to the modern realities of the technological level, as well as the ability to apply innovations, attract investment in the agro-industrial and tourist cluster. A panel of indicators is presented that provides correct comparability of achievements and reflects information for aggregation by various parameters of the economic and geographical indicators of the region: the national environmental rating of the subjects of the North Caucasus Federal District; indicators of sustainable development of the Russian Federation and the North Caucasus Federal District; investment risk of the republics of the North Caucasus Federal District; the main economic and social indicators of the RSO-Alania. It is established that the geoinformation study of the use of a multicomponent indicator of the state of mountain territories is the basis for determining the vector of their further socio-economic development and justifying appropriate management decisions to stabilize economic development. The peculiarity of the approach is the selection of criteria that will be used in the development of mechanisms for the sustainable development of mountain territories according to the target indicators, in accordance with the UN resolution "Transforming our world in the field of sustainable develop-ment for the period up to 2030".


2017 ◽  
Vol 6 (3) ◽  
pp. 531-549 ◽  
Author(s):  
Huiyu Zhao ◽  
Robert Percival

AbstractThe proper division of responsibility for environmental protection between national and state governments has long been the subject of fierce debate. During the 1970s the United States Congress decided to shift the most important environmental responsibilities from state governments to the federal government. The main reason for this decision was to prevent a ‘race to the bottom’ in that states competing for industries could otherwise be lax in implementing and enforcing federal environmental standards. Yet, some scholars have argued that there could just as easily be a ‘race to the top’ among states as they compete to attract people and businesses concerned with environmental protection. China, in turn, is plagued with severe air and water pollution and soil contamination, which is attributed largely to ineffective enforcement of its national environmental laws. This article investigates whether China’s experience confirms the race-to-the-bottom theory. It demonstrates that devolution of responsibility for environmental protection to lower levels of government tends to result in lax implementation and enforcement of national environmental laws, particularly where national governments also create strong incentives for economic growth. It concludes that China’s highly devolved system of environmental governance is consistent with this theory, even if it does not provide conclusive evidence of its correctness.


Media Iuris ◽  
2019 ◽  
Vol 2 (2) ◽  
pp. 279
Author(s):  
Wilda Prihatiningtyas

Berdasarkan Pasal 25 A Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 (UUD NRI 1945) disebutkan bahwa "Negara Kesatuan Republik Indonesia adalah sebuah negara kepulauan yang berciri Nusantara dengan wilayah yang batas-batas dan hak-haknya ditetapkan dengan  undang-undang". Konsekuensi logis dari bentuk negara yang bercirikan kepulauan tersebut yaitu luasnya wilayah lautan. Hal tersebut didukung dengan fakta empiris yang menunjukkan bahwa 70% dari wilayah Indonesia adalah berupa laut. Dengan melihat pada fakta tersebut, maka pengelolaan wilayah laut menjadi isu strategis yang penting untuk dibahas karena pengelolaan wilayah laut (khususnya wilayah pesisir) yang baik mempunyai potensi yang signifikan dalam kerangka pengelolaan sumberdaya nasional. Oleh karenanya, dalam era otonomi daerah seperti sekarang ini, peran pemerintah daerah mempunyai posisi penting dalam mewujudkan hal tersebut. Penelitian ini merupakan penelitian hukum normatif, pendekatan yang digunakan adalah pendekatan peraturan perundang-undangan dan pendekatan konseptual. Adapun isu hukum penelitian ini yakni mengenai prinsip-prinsip good environmental governance dalam pengelolaan wilayah laut dalam rangka mewujudkan sustainable development di bidang kelautan.


2018 ◽  
Vol 10 (11) ◽  
pp. 4204 ◽  
Author(s):  
Janaka Siyambalapitiya ◽  
Xu Zhang ◽  
Xiaobing Liu

The new concept of “green growth” appears to be an economic growth model, which balances environment sustainability and fostering of economic growth. Yet, much of the green growth research has failed to address the real extent of interconnections and complexity of the relationship between governance and economic, social, and environmental structures. Furthermore, current green growth research tends to focus on the country level, such as the Millennium Development Goals and sustainable development indices, which risks ignoring the additional impacts on micro industrial economies. The lack of connection between green growth and good governance—known as environmental governance—is a crucial gap in practical adoption. Therefore, this study uses Foucault’s governmentality lens to view green growth as a technique of government, seeking an environmentally focused eco-governmentality. We examine the transformation, differential definitions, and critical dimensions of green growth in relation to particular case studies taken from China and South Korea and frame them for future sustainable studies. The findings of this study highlight the significant role of interdisciplinary research, as well both bottom-up and top-down initiatives, on enabling the transition to green growth. The proposed research framework and implementation strategy also identifies new avenues for future research and practices in the field of sustainable development, making it one of the study’s key contributions to the literature.


Author(s):  
Priya Kurian ◽  
Robert V. Bartlett

The fundamental conflicts and contradictions between environment and development, and various theoretical and practical efforts to reconcile them, have been a prominent part of the history of development thinking since environmentalism emerged as a significant political phenomenon in the 1960s. The idea of development as change for the better resonates perhaps with all civilizations and across time. All civilizations have development myths which reflect a self-awareness that a particular culture had at some time in the past advanced from a more primitive, less developed state. But these cultural myths of development are only incidentally material or economic. More pronounced concerns over the environment and development emerged during the 1960s and the 1970s. These decades were marked by the emergence of widespread public concern about environmental problems of air and water pollution, and the growth of the environmental movement led to national environmental policy developments and international efforts on the environmental front. In addition, development, environment, and sustainability are all normative concepts with implications for ethics and justice. The vast literature on sustainable development has spawned a range of critiques from a variety of theoretical and disciplinary perspectives. The environmental justice literature developed after early sustainable development literature, and raises questions about intragenerational equity.


2018 ◽  
Vol 37 ◽  
pp. 02008
Author(s):  
Hafsa Benbrahim

Since 2010, an advanced regionalization project has been initiated by Morocco, which plans to consolidate the processes of decentralization and deconcentration by extending the powers of the regions and other local authorities. This project, institutionalized in the 2011 Constitution, defines the territorial organization of the Kingdom and reinforces decentralization according to a model of advanced regionalization. Through advanced regionalization, Morocco aims at integrated and sustainable development in economic, social, cultural and environmental terms, through the development of the potential and resources of each region. However, in order to honor this commitment of advanced regionalization, local authorities must be assisted in adopting a local strategic planning approach, allowing them to develop territorial plans for sustainable development in accordance with the national legal framework, specifically the Framework law 99-12, and international commitments in terms of environmental protection. This research deals with the issue of environmental governance in relation to the role and duties of local authorities. Thus, the main goal of our study is to present the guidelines to be followed by the local authorities to improve the quality of the environment integration process in the local strategic planning with the aim of putting it in a perspective of sustainable development.


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