Sort by
Institutional challenges of monocentric climate governance in the legal system of Iran

Iran has, over the last approximately two decades, started to address climate change in its legal system through a number of regulations and institutional arrangements. However, due to various multidimensional challenges, Iran has not achieved considerable success in its climate action. This article examines Iran’s institutional challenges in climate change administration, and discovers that one of the main barriers to its progress in climate action is monocentric climate governance. While it is emphasized that climate governance should be participatory and polycentric to be able to improve climate action, climate governance in Iran is based on a command and control and hierarchical model of governance, which leads to some restrictive institutional challenges. This article recognizes two main institutional challenges of climate governance in Iran’s legal system: first, governmental monocentrism in which the central government is the main actor in climate governance; and, second, inadequate institutional arrangements in climate administration. Consequently, on the one hand, non-governmental bodies, the business sector, and civil society struggle to participate positively in all processes of climate change administration. On the other hand, the relevant governmental institutions are not well-prepared for effective and coordinated climate action. In order to improve its climate policy and action, Iran needs to mitigate these institutional barriers promoting polycentric climate governance in its legal system and diversifying actors, actions, sections and instruments.

Relevant
Marine pollution management in response to plastic waste under international law and national law – challenges and implications for developing countries: a case study of Vietnam

One of the most widespread environmental problems confronting the global community is marine pollution, particularly the adverse impact of plastic debris. This issue not only has detrimental effects on ecosystems, environmental quality, human health, and habitats of people and species worldwide, but also represents a formidable barrier to the protection of the marine environment and the pursuit of sustainable ocean development. Vietnam, as a Southeast Asian country with a long coastline, faces the issue of significant plastic debris in its waters. Despite significant efforts being made by the Vietnamese Government in developing a legislative framework as a comprehensive approach to ‘white pollution’ in accordance with international environmental standards and its international and regional undertakings on environmentalism, challenges persist in the establishment of effective management of marine environmental pollution. As a developing country grappling with certain challenges in resource allocation for socio-economic development, Vietnam, like other developing countries in the region, face substantial difficulties and hurdles in managing marine plastic pollution. This article first presents the current situation in respect of plastic pollution, with a focus on marine plastic pollution stemming from land-based plastic waste, in Vietnam. The article then concentrates on the regulatory response at both international and national levels to determine whether the international and national instruments comprehensively address the plastic waste issue. The article also explores and critiques the weaknesses and difficulties in effectively managing and controlling the current harm and threat of plastic pollution. Thereafter, the article proposes some recommendations and solutions for the Vietnamese Government to move toward more effective plastic pollution management.

Relevant
Mainstreaming gender in transboundary water governance: a South Asian perspective

In South Asia, multiple transboundary river basins are shared by countries of varying size and influence. Sharing the waters of these trans-boundary river systems has been a cause of conflict in the region for over seven decades. Economically, socially, and culturally, the people of South Asia are heavily dependent on these water resources for their sustenance. However, the reliance on water resources is gendered, and due to persistent economic and social disparities and restricted participation in decision-making, South Asian women are more susceptible than men to the uncertainties surrounding water supplies. The international water law and transboundary water agreements (TWAs) fail to highlight the considerable vulnerabilities that women experience in finding their voice in transboundary water governance. The 1997 UN-Watercourses Convention has certain entry points for incorporating gender concerns. However, the Convention has failed explicitly to adopt gender as a cross-cutting theme. This article analyses the existing legal framework of the transboundary water agreements in South Asia and addresses whether and how far gender-specific issues have been incorporated into these agreements. This is an attempt to identify specific entry points and strategies for gender engagement in transboundary water governance and to put forth the argument that any step aiming to incorporate gender concerns should be specific to the needs of the women of the region.

Relevant
A beacon of hope for a troubled Earth? A critical analysis of China’s authoritarian approach to constructing ‘ecological civilization’

The urgency of the ecological situation in the age of the Anthropocene has led to a call for concerted efforts across the globe. Disappointed at the liberal democracies’ environmental inaction, as evidenced in the political gridlock after attempts to compromise capitalists’ interests in overexploiting natural resources, or to limit individual freedom in engaging unsustainable behaviour, environmentalists are turning to more decisive state actions in combating environmental problems. In this field, arguably, China’s authoritarian approach to constructing ecological civilization is viewed as a beacon of hope by some environmental commentators. This article, after exploring the concepts of environmental authoritarianism and ecological civilization, demonstrates how the state-driven top-down construction of ecological civilization, exemplified by campaign-style enforcement and coercive enforcement, does not only fail to resolve ‘the tragedy of the commons’, but also results in ‘the tragedy of the ordinaries’. It further discusses implications for China’s construction of ecological civilization beyond the borders of China. The conclusion is reached that caution is demanded when using such a state-led authoritarian approach to addressing environmental problems on this troubled earth.

Relevant