A review of domestic waste management policy and law in Singapore

An effective waste management system is, and has always been, essential infrastructure, particularly given the potential for waste to adversely impact the surrounding environment. In recent decades, however, there has been growing awareness of the scale, breadth and immediacy of those adverse impacts, and of the unsustainability of the enormous (and increasing) amount of waste society generates. Governments around the world have mobilised and there has been a widespread shift towards policies promoting circular economies, waste minimisation and maximised resource efficiency. Singapore is a case in point; despite having a traditionally high waste output and a waste management system dependent on waste incineration as the primary means of disposal, Singapore has committed to a zero waste future. This article presents a review of domestic waste management policy and law in Singapore. Several gaps in the legal framework are identified and considered against the broader context, leading to the conclusion that there is a material environmental vulnerability in the legal framework that should be redressed in order to entrench environmental protections and to align the law with Singapore's policy ambitions. Notwithstanding this deficiency, it is hard not to be optimistic about the future of domestic waste management in Singapore, as the government has made an ambitious policy commitment and appears to be pursuing it with vigour.

Law reform for life: how to unleash the guiding principles of ecologically sustainable development to improve human relationships with (the rest of) urban biodiversity

Urbanization is arguably the most severe and irreversible driver of environmental change, particularly with respect to biodiversity. This is the case even in Australia, a megadiverse country with a sophisticated federal regime of biodiversity governance. Yet, life persists in urban worlds. In the context of global climate and ecological crises, this article endeavours to illustrate how law and policy can grapple with the complexities of urban biodiversity and enable it to flourish. First, the article outlines the current approaches to urban biodiversity: what is it, what is it like, why does it matter and how do humans think of it? Second, the article analyses the current state of biodiversity governance in Australia, focusing particularly on the laws and policies of the Commonwealth, New South Wales, and local governments in Greater Sydney. Finally, the article details a program of reform which revisits the original guiding principles of ecologically sustainable development, illustrating how they could be unleashed for the better governance of urban biodiversity with respect to decision-making, the administration of law, issues at scale, the economy, valuation techniques and community participation. The program includes not only systemic and multi-scalar reforms, but also local-level reforms which have significant yet often overlooked potential to encourage pro-biodiversity behaviours in everyday life. The aim is to reveal just some of the many ways in which hope can be creatively transformed into action for a biodiverse urban future – that is, to reveal the possibilities of law and policy to enable urban biodiversity to be better recognized, understood, valued, protected and enhanced as Australia develops in the twenty-first century.

Combating marine invasive alien species effectively in Australia

Marine invasive alien species are sea-based organisms that are non-native to a marine ecosystem, and which can or have spread to a degree that has an adverse impact on biodiversity and human livelihoods. In a globalized and inter-connected world, the threats posed by marine invasive alien species are here to stay. Accordingly, it often has been lamented that the threats from marine alien species are too difficult to combat effectively. In Australia, these threats are exacerbated by the country's unique characteristics such as its sheer size, as well as its geographical and historical isolation from the rest of the world. More importantly for the purposes of this article, Australia's unique constitutional framework that entrenches its national system of federalism has led to complex power-sharing arrangements between the Commonwealth, and the State and Territory governments in the management of invasive alien species, which are arguably inadequate to combat marine invasive alien species effectively. In Australia, laws have been made to manage only one vector of marine invasive species, ballast water from vessels, but not for other vectors. This article analyses how marine invasive alien species are currently managed within the Australian legal framework, and discusses what can be done to improve the status quo in order effectively to control the spread of such foreign organisms. It argues with optimism that marine invasive alien species can be effectively managed under a strong legal framework that seeks to prevent their occurrence and minimize the negative impacts of their occurrence. Such a legal framework consists of sound domestic laws and institutions, the effects of which can be enhanced by greater international cooperation.

The role and impact of environmental class actions in Australia

Class actions provide a mechanism for grouping together like claims; and, in doing so, can enhance access to justice and the integrity of our democratic processes. Environmental class actions have an important role to play in environmental governance including by providing compensation and remediation, shaping norms of conduct and promoting accountability. There are, however, various limitations on the usefulness of class actions in achieving environmental objectives. In particular, the class actions regime is procedural rather than substantive (it does not overcome limitations on the availability or utility of causes of action for addressing environmental harm); it attracts the operation of additional rules and jurisprudence which may make some actions more difficult or not well suited to being brought as class actions; and class actions tend to be expensive and risky. Accordingly (and notwithstanding a recent flurry) we are unlikely to see the opening of the dreaded floodgates. Rather, environmental governance will most likely continue to be supported by the appropriate and considered commencement and conduct of meritorious actions.

A continuing mandamus to enforce rights to adequate housing in the era of super typhoons

The era of super typhoons is here and is predicted to linger due to anthropogenic climate change. Disasters triggered by these typhoons have caused not only loss of lives, but also displacements of people who are left without houses, properties and livelihoods. Using the Philippine experience, this article examines the legal standard of right to adequate housing under the international human rights law and international climate change law, and the Philippines' commitments to these regimes. It argues that the Philippine government's post-typhoon responses are fragmented, reactive, and ephemeral, and that there are gaps in the current housing laws. It is then argued that these issues are incongruent with the minimum standards of adequate housing. To ensure that the housing rights of climate displaced persons are protected, the role of domestic courts in enforcing the government's adaptation commitments under the Paris Agreement using the writ of continuing mandamus is considered.

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

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.

Legal rights for the Turag: rivers as living entities in Bangladesh

In 2019, Bangladesh joined the ever-growing list of countries to recognize rivers as living entities with legal rights. The Bangladesh Rivers case is another example of advocacy from the Supreme Court in Bangladesh, and the article explores the relationship between the executive and the judiciary, and the ongoing role the judiciary has played in water law reform. The Court based its decision on a novel reading of the Constitution, linking the legal rights of the rivers to the public trust doctrine and the human right to a healthy environment. This foundation is itself potentially controversial, and the new legal status of the rivers may set their interests against those of the people who live along and rely upon them. By making comparisons between this case and similar decisions in India and Colombia, the Bangladesh Rivers case can be seen as part of the transnational movement to grant legal rights to rivers.

Implementing Islamic law to protect the environment: insights from Singapore, Malaysia, and Indonesia

Religious codes possess social control effects that can potentially change the behaviour of their adherents towards becoming pro-environment. In the case of Islam, Muslim-majority states since the time of the Prophet Muhammad have implemented Islamic environmental law to this effect. Unfortunately, accounts of its implementation today in the legal literature are scant, thereby requiring fresh insights that consider changes in the application of Islamic law in modern states. Generally, this article observes that the implementation of Islamic environmental law today takes two forms: first, implementation through constitutions; and, second, implementation through non-binding religio-legal instruments. Focusing on the second form, application in Singapore, Malaysia, and Indonesia is analysed and evaluated. In these three Southeast Asian states non-binding religious rulings (fatwa) and mosque sermons (khutbah) have been used to implement Islamic environmental law. There are two key factors which contribute to ensuring that these non-binding instruments achieve their social control objectives: first, local legal and political contexts shaped by religion-state relations that help their implementation and legitimation; and, second, the pursuit of post-fatwa/khutbah follow-up action by religious authorities to put Islamic environmental law into actual practice.