scholarly journals Shifts in compensation for environmental damage: reflections on China's new Soil Pollution Law

2020 ◽  
Vol 23 (2) ◽  
pp. 136-159
Author(s):  
Mengzing Lu ◽  
Michael Faure
Keyword(s):  
Soil Pollution ◽  
Soil Quality ◽  
Environmental Law ◽  
Important Change ◽  
Soil Protection ◽  
Environmental Damage ◽  
Significant Shift ◽  
Theoretical Perspectives ◽  
Scant Attention ◽  
Regulatory Development

During the past decades, the deteriorating soil quality has become an urgent environmental issue on China's policy agenda. The enactment of the first national law for addressing soil pollution in 2018 has been regarded as a major legislative and regulatory development of China's environmental law, since it fills the legal void on soil protection. So far, China's Soil Pollution Law has received scant attention. This article presents an analysis of the liability regime for soil pollution created by this newly adopted law from legal and theoretical perspectives. Two historical shifts have been achieved in this law: first, it represents an important change in adopting an integrated regulatory framework for combatting soil contamination instead of a scattering of provisions and rules; second, it represents a significant shift towards an administrative liability regime, distinct from the environmental liability regimes for other types of environmental damage. This article argues also that several unsettled issues within this liability regime may pose challenges to improving soil quality.

scholarly journals Some recent developements and approaches in soil protection research.

1986 ◽  
Vol 34 (3) ◽  
pp. 361-370
Author(s):  
F.A.M. de Haan ◽  
M.G. Keizer ◽  
T.M. Lexmond ◽  
W.H. van Reimsdjik ◽  
S.E.A.T.M. van der Zee
Keyword(s):  
Soil Pollution ◽  
Soil Quality ◽  
Related Compound ◽  
Soil Protection ◽  
Soil System ◽  
Factors Affecting ◽  
Environmental Compartments

Evaluation of soil quality occupies a key position in investigations of soil protection. When quality is related to soil pollution, contaminant behaviour in the soil system is important. An important aspect is contaminent mobility, both with respect to its transport to other environmental compartments and to its uptake by organisms. Behaviour of compounds in soil is governed by a large number of variables which can be compound-related and soil-related. Compound speciation and factors affecting 'bio-availability' are briefly reviewed and attention given to problems associated with heterogeneity. (Abstract retrieved from CAB Abstracts by CABI’s permission)

Harmonisasi terhadap Peraturan Daerah No. 14 Tahun 2006 tentang Pengelolaan Pelestarian Kawasan Konservasi Laut Daerah dalam Perlindungan Pulau Pariwisata Kabupaten Indramayu

2019 ◽  
Vol 1 (2) ◽  
pp. 142
Author(s):  
Saiful Kholik ◽  
Imas Khaeriyah
Keyword(s):  
Rule Of Law ◽  
Local Governments ◽  
Environmental Law ◽  
Policy Formulation ◽  
Marine Conservation ◽  
Environmental Damage ◽  
Conservation Area ◽  
The Rule Of Law ◽  
The Government ◽  
The Impact

Inconsistency Regional Regulation No.14 of 2006 about marine conservation area of the island of Biawak, Gososng, which Cendekian provides protection but in fact failed to provide protection as evidenced by dredging island sandbar and cendekian conducted PT.Pertamina UP VI Balongan INDRAMAYU. The problem in this research How Formulation Policy Act No. 10 Year 2009 on the Indonesian Tourism with the Indramayu Regional Regulation No. 14 of 2006 regarding marine conservation area of the island of Biawak, Gososng, Cendekian And How Harmonization Act No. 10 of 2009 with the Indramayu Regional Regulation No. 14 of 2006 regarding formulation Act No. 10 Year 2009 on the Indonesian Tourism with the Indramayu Regional Regulation No. 14 of 2006 about marine conservation area of the island of Biawak, Gososng, Cendekian, the purpose of this research to understand and analyze the extent to which policy The findings of the community or field of law local governments about the environmental damage done by companies or individuals are not equal accordance with regional regulations in force, nor the Law in force so that the function of law in society indramayu not fit the mandate to establish a change and justice based Formulation public corporate criminal liability.Inskonsitensi happens to local regulation No.14 of 2006 makes no harmonized with the regulations of each other so that the impact of this inskonsistensi makes the sector particularly environmental law enforcement get uncertainties that result in coastal communities Indramayau.Conclusion Harmonization of regulations of the center and regions delivering the policy formulation of the rule of law area to comply with the regulations above in order to avoid inconsistency, the occurrence of this inconsistency resulted in the rule of law and justice for the indramayu, suggestion that the government should was nearly revise regulations related area, especially the government must dare to take action to give effect to the perpetrator deterrent effect rule-based running as well as possible.

Reparation for Environmental Damage in Jus Post Bellum

2017 ◽  
Author(s):  
Ilias Plakokefalos
Keyword(s):  
Armed Conflict ◽  
Environmental Law ◽  
Shared Responsibility ◽  
Armed Conflicts ◽  
Environmental Harm ◽  
Environmental Damage ◽  
Jus Post Bellum ◽  
Typical Situation ◽  
Sharing Responsibility

This chapter explores the problems that environmental damage in armed conflict pose to the determination of shared responsibility, and especially the determination of reparations, in the context of the jus post bellum. When two actors are engaged in armed conflict, there arise no serious issues as to sharing responsibility for violations. But the fact that modern armed conflicts often involve more than two actors (e.g. Libya 2011) complicates the matters arising out of environmental harm, as there may be two or more actors contributing to the same harmful event. This is a typical situation of shared responsibility. Shared responsibility provides that the problem of reparations for environmental harm is to be examined in situations where there is a multiplicity of actors that contribute to a single harmful outcome. This definition covers the breach of obligations under jus ad bellum and jus in bello, as well as under international environmental law.

The Prevention of Environmental Damage in Time of Armed Conflict: Proportionality and Precautionary Measures

2000 ◽  
Vol 3 ◽  
pp. 109-129 ◽  
Author(s):  
Richard Desgagné
Keyword(s):  
World War Ii ◽  
Armed Conflicts ◽  
Weapons Of Mass Destruction ◽  
Environmental Damage ◽  
Humanitarian Law ◽  
Geneva Conventions ◽  
Scant Attention ◽  
Precautionary Measures ◽  
Potential Damage ◽  
Nuclear Warfare

The law of war historically paid scant attention to the protection of the environment. Its main focus was to regulate hostilities so as protect combatants from unnecessary injury. Since World War II, it has turned to the protection of the civilian population and individual civilians. It does not follow that the environment did not receive any protection at all. In as much as international humanitarian law places constraints on the use of means and methods of warfare, the environment was indirectly protected. Thus, the provisions of the Hague or the Geneva Conventions, through the protection of civilian property and objects, offer indirect protection of the environment. Similarly, the banning of weapons of mass destruction, such as biological and chemical weapons, or the restraints on activities related to nuclear warfare, such as the testing of nuclear weapons, also ultimately limit potential damage to the environment caused by armed conflicts.

scholarly journals International law protecting the environment during armed conflict: gaps and opportunities

2010 ◽  
Vol 92 (879) ◽  
pp. 569-592 ◽  
Author(s):  
Michael Bothe ◽  
Carl Bruch ◽  
Jordan Diamond ◽  
David Jensen
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Environmental Law ◽  
International Humanitarian Law ◽  
Environmental Damage ◽  
Humanitarian Law ◽  
International Environmental Law ◽  
Basic Principles ◽  
Principle Of Proportionality ◽  
Definition Of

AbstractThere are three key deficiencies in the existing body of international humanitarian law (IHL) relating to protection of the environment during armed conflict. First, the definition of impermissible environmental damage is both too restrictive and unclear; second, there are legal uncertainties regarding the protection of elements of the environment as civilian objects; and third, the application of the principle of proportionality where harm to the environment constitutes ‘collateral damage’ is also problematic. These gaps present specific opportunities for clarifying and developing the existing framework. One approach to addressing some of the inadequacies of IHL could be application of international environmental law during armed conflict. The detailed norms, standards, approaches, and mechanisms found in international environmental law might also help to clarify and extend basic principles of IHL to prevent, address, or assess liability for environmental damage incurred during armed conflict.

scholarly journals Penerapan Asas In Dubio Pro Natura dan In Dubio Pro Reo oleh Hakim Perkara Lingkungan Hidup

2018 ◽  
Vol 20 (3) ◽  
pp. 547-560
Author(s):  
Wahyu Risaldi ◽  
Mujibussalim Mujibussalim ◽  
M. Gaussyah
Keyword(s):  
Environmental Protection ◽  
Environmental Law ◽  
Environmental Damage ◽  
Criminal Cases ◽  
Environmental Crimes ◽  
Case Decisions

Penelitian ini ingin mengetahui kesesuaian penerapan asas asas in dubio pro natura dalam putusan perkara lingkungan hidup, dan kemungkinan penerapan asas in dubio pro natura perkara pidana lingkungan hidup. Penerapan asas ini penting karena kerusakan lingkungan hidup akan mengancam umat manusia, sehingga penegakan hukum lingkungan harus dilakukan penegak hukum. Melalui Undang-Undang Perlindungan dan Pengelolaan Lingkungan Hidup, dikenal sistem penegakan melalui suatu asas yang diterapkan oleh hakim, yakni asas in dubio pro natura dan asas in dubio pro reo. Dengan menggunakan metode penelitian normatif, ditemukan bahwa penerapan asas in dubio pro natura dan in dubio pro reo sesuai dengan tujuan Undang-Undang Perlindungan dan Pengelolaan Lingkungan Hidup. Di samping itu, asas in dubio pro natura bisa juga diterapkan dalam perkara pidana. Penerapan asas ini efektif dalam penyelesaikan perkara lingkungan hidup. Implementation of the In Dubio Pro Natura and In Dubio Pro Reo Principles by the Environmental Judges This study aims to find out the suitability application of in dubio pro natura principles in environmental case decisions, and also the possibility of applying it’s principle in environmental crimes. The implementation of this principle is important because environmental damage will threaten humanity, so the enforcement of environmental law must be carried out by law enforcers. Through Environmental Protection and Management Law, it is known as a system of enforcement through principles applied by judges, that are the in dubio pro natura and the in dubio pro reo principles. This is normative research, it was found that the implementation of the in dubio pro natura and in dubio pro reo principles was in accordance with the objectives of the Environmental Protection and Management Law. In addition, the in dubio pro natura principle can also be applied in criminal cases. The implementation of this principle is effective in resolving environmental cases.

scholarly journals GREEN CONSTITUTION INDONESIA (DISKURSUS PARADIGMATIK PEMBANGUNAN BERKELANJUTAN)

2014 ◽  
Vol 3 (2) ◽  
pp. 127
Author(s):  
Lucas Prabowo
Keyword(s):  
Environmental Protection ◽  
Environmental Law ◽  
Future Generations ◽  
Environmental Damage ◽  
Severe Damage ◽  
International Environmental Law ◽  
Hard Law ◽  
The Right ◽  
International Conventions ◽  
Good Environment

Efforts to meet the economic needs of humans has resulted in severe damage to the ecosystem. Being aware that there is damage to natural resources and ecosystem are getting worse, various efforts underway to hold international conventions in the field of environmental protection has resulted in agreements, both of which are binding (hard law) and non-binding (soft law). Participating countries adopted the convention rules agrred up on into their legaislation, and even to strengthen the protection and enforcement of laws relating to environmental protection and the right to a good environment for the present dan future generations, environmental norms are then contained in the constitution including the Indonesian constitution, namely the post-UUD 1945 amandement. Keywords: environmental damage, international environmental law damage, intergerational equity, sustainable development, and constitution.

scholarly journals Studije tehnologije i studije materijalne kulture: mogućnosti bliže saradnje na primeru koštanih artefakata

2017 ◽  
Vol 12 (3) ◽  
pp. 703
Author(s):  
Selena Vitezović ◽  
Ivan Vranić
Keyword(s):  
Material Culture ◽  
Research Strategy ◽  
Raw Material ◽  
Significant Shift ◽  
Faunal Remains ◽  
Technology Studies ◽  
Archaeological Material ◽  
Theoretical Perspectives ◽  
History Of ◽  
State Of Affairs

Bone artefacts are among the less thoroughly studied classes of archaeological material, especially in the case of particular periods and regions. The reasons behind this are not uniform. The most obvious and general are linked to the research practices of culture-historical archaeology, often neglecting bone artefacts, considering them not sufficiently attractive or informative. The most significant shift towards recognition of a set of potential information gained from bone objects was achieved in the framework of studies of prehistoric technology during the second half of 20th century, especially in the French archaeological school.  This research strategy raised a number of questions concerning the acquisition of raw material, modes of production and usage of objects, whose interpretative potential gained in power, leading to the increased attention paid to faunal remains in archaeological investigations. Yet this source of information on the actual details of relations between people and material culture, opened by technology studies, has not been sufficiently explored.  It may be suggested that the reasons are the narrow specialization of researchers and insufficient inclusion of the gathered information into the wider interpretive framework, various traditions and lack of cooperation among the national archaeological “schools”, language barriers etc. However, the main reason behind this state of affairs may be sought for in non-integrated theoretical perspectives and the lack of clearly articulated interpretive position of researchers seeking to apply the knowledge gained from technology studies, considering this strategy as an “objective, scientific method”, providing concrete answers clearly complying to the expectations of the dominant archaeological paradigm.The paper offers a critical review of a number of examples of application of technology studies in archaeology and possible directions of a more integrated and theoretically informed approach. One of the obvious solutions may be sought in the direction of another research strategy – material culture studies. The aim of the paper is thus to link these two approaches, whose theoretical foundations are not uniform today, but the history of the ideas and the mode of articulation of the basic theoretical assumptions indicate similar theoretical roots.

Activating Bodies of Knowledge: Improvisation, Cognition, and Sports Education

2011 ◽  
Vol 7 (2) ◽  
Author(s):  
David Scott Ross
Keyword(s):  
Physical Education ◽  
Procedural Knowledge ◽  
Significant Shift ◽  
Game Playing ◽  
Metacognitive Skills ◽  
Embodied Learning ◽  
Teaching Games For Understanding ◽  
Theoretical Perspectives ◽  
Holistic Understanding ◽  
Cognitive Benefits

While researchers in diverse fields have begun using improvisation as a conceptual metaphor for collaborative means of negotiating indeterminacy, little work has related these theoretical perspectives to physical education. In this paper, I argue that improvisation provides a frame for understanding the cognitive benefits of sports play, and presents learning opportunities for developing skills in tactical and strategic thinking, problem solving, and the enactment of procedural knowledge. I begin by drawing upon the work of Varela et. al.(1991) and Lakoff and Johnson (1999) to discuss perspectives which have effected a significant shift in the understanding of the role that embodiment plays in cognition, perspectives which emphasize the interdependence of the organism and its environment. I then discuss the ways in which context-dependent action is fundamental to improvisation, and means by which improvisation-based curricula effectively promote the integration of cognitive, affective and embodied forms of learning. The importance of enactive perspectives is evident in recent curricular theorizing in physical education. I discuss the possible pedagogical application of these perspectives by looking at one model, Teaching Games for Understanding (Light and Fawns 200, Griffin and Butler 2005), which shifts the focus of game playing from skill execution to situated cognition. In schools, physical education class is the primary context in which students have the opportunity to improvise, with group sports as a structured context that utilizes improvisation as a constitutive element in game playing. In contrast to learning environments that are divorced from immediate exigencies in the topics under discussion, sports play encourages players to “think on their feet,” both literally and figuratively. I conclude that, rather than consigning physical education to a marginal position in schools, work needs to be done to foreground the cognitive dimension in sports play and the ways in which cognitive and metacognitive skills in physical education classes may be further enhanced. I suggest that a pedagogical approach that incorporates understandings from improvisation may lead to a more holistic understanding of embodied learning and a reconceptualization of the role that physical education plays in education.

Part III Regimes and Doctrines, Ch.39 Theorizing International Environmental Law

2016 ◽  
Author(s):  
Humphreys Stephen ◽  
Otomo Yoriko
Keyword(s):  
Climate Change ◽  
Environmental Law ◽  
Soft Law ◽  
Species Extinction ◽  
International Environmental Law ◽  
Theoretical Perspectives

This chapter opens up some new theoretical perspectives on environmental law, which has surprisingly been subjected to little theoretical speculation. International environmental law is generally characterized as quintessential ‘soft law’: general principles and aspirational treaties with weak or exhortatory compliance mechanisms, often dependent on other disciplines altogether—science and economics—for direction and legitimacy. At the same time, the problems it is called upon to deal with are immense, frequently catastrophic, and global in nature: climate change, species extinction, increasing desert, disappearing rainforest. To rectify this, the chapter delves into a question of terminology—why ‘international environmental law’?—before exploring its Romantic and colonial origins and concluding with how international environmental law’s origins in the confluence of the Romantic and the colonial explains the apparent mismatch between its ambitious stated objectives and its muted regulatory provisions—and how this tension continues to inform its functioning today.

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