Effectiveness Of Environmental Law Research Articles

Gugatan Citizen Law Suit: Progresivitas Penyelesaian Sengketa Lingkungan Hidup dalam Praktik Hukum di Indonesia

The legal progressivity of environmental law looks at the development of the world and humans so that the law moves for the benefit of humans and ecological principles. The effectiveness of environmental law is inseparable from the performance of administrative and law enforcement officials related to citizen law suit. Some court decisions have rejected citizen law suits due to problems in setting the formal requirements of the lawsuit. The aim of this research is to determine the mechanism and progressivity of citizen law suit lawsuits as an effort to enforce environmental law in Indonesia. This research uses normative juridical research that focuses on statutory approach and conceptual approach. The search results are based on secondary data collection consisting of primary, secondary, and tertiary legal materials through literature studies. While the data analysis method uses a qualitative research method that emphasizes analysis or descriptive and is concluded using the deductive method. The results showed that the citizen law suit was aimed at the government with the argument of tort in Article 1365 of the Civil Code, the government was considered to have failed in carrying out its obligations to protect and manage the environment. Citizen law suit as a form of environmental law progressivity that refers to civil procedural law in Indonesia, the difference lies in the formal requirements based on KMA Number 36/KMA/SK/II/2013. Therefore, progressive law and law enforcement in Indonesia must be considered again for the realization of human welfare and natural balance, especially the regulation of citizen law suits.

생태주의 법사상의 수용과 발전

In order to solve environmental problems, countries around the world have enacted and enforced many environmental laws so far, and efforts have been made to ensure the legislative purpose and effectiveness of environmental laws through litigation systems operated in each country for those who damage the environment by violating such laws. However, such environmental laws and litigation systems had limitations in preventing or curing global environmental crises. At its root, the following structural problems were inherent. First, anthropocentrism, the widespread belief that humans are separate from and superior to the rest of the natural world. Because of this sense of superiority, we saw humans as at the pinnacle of evolution. Second, the idea that everything in nature, animate and inanimate, is our property and we have the right to use it as we please. Third, it is the idea that unlimited economic growth can and should be pursued as the foremost task of modern society. Anthropocentric ideas and property rights are the foundation of modern industrial society, supporting everything from law and economics to education and religion. Economic growth has consistently taken precedence over environmental concerns as a primary goal for governments and businesses. The formation of such ideas was rooted in a long history of philosophy, religion, morality, and ethics from the ancient Greek times to the present. The consciousness that humans are distinct from other animals and superior to them has permeated deeply into the Western legal system, resulting in a gap between law and reality.
 However, under the above accident, the perception that it is impossible to overcome the global environmental crisis gradually spreads. Entering the 20th century, anthropocentric thinking was overcome, and the idea of ecology (naturalism) that humans are part of nature came to the fore. It can be said that the natural rights movement, which was discussed mainly in the United States in the 1970s, was the starting point that caused such a change in thinking. Of course, at the time, the movement developed under the laws and systems based on the existing anthropocentrism, and the limitations were still there.…

Addressing the (Lack of) Effectiveness of Environmental Law and the Gap between Law in the Books and Law in Action

Addressing the (Lack of) Effectiveness of Environmental Law and the Gap between Law in the Books and Law in Action

The road toward the effectiveness of environmental law

O problema central das normas ambientais contemporâneas é a sua falta de efetividade. Existem desafios evidentes para o alcance das metas e objetivos do direito ambiental, sua implementação e cumprimento contínuo e recorrente.Como resultado, este artigo pretende esclarecer as causas da falta de efetividade do direito ambiental, analisando seus efeitos e consequências e explorando possíveis soluções para permitir que o direito ambiental alcance plena efetividade e eficiência e, assim, atenda ao objetivo principal de conservação e uso racional, sustentável e equitativo dos bens e serviços ambientais.

The Legal Conflicts, the Legislative Vacancies and the Legislative Lags in the Chinese Environmental Legal System

The inconsistency and disharmony in China’s environmental legal system are seriously undermining the authority and effectiveness of environmental laws, making it hard to achieve the national environmental legislative goals. It is found in this study that at least 18 administrative regulations and rules conflict with the five recently-revised environmental laws. The legislative vacancy rate of province-level environmental laws reaches 27.8%, and that of city-level environmental laws in the major cities reaches 59.7%. Besides, 66% of the local including both province-level and city-level environmental laws have the problem of legislative lags, with an average lag of 2547.8 days. In addition, there are many legal conflicts between national environmental laws and local environmental laws. In order to help China to build a harmonious and unified environmental legal system, some suggestions are proposed in this study, including comprehensively examining the lower-level environmental laws, strengthening the leading role of local people’s congresses in environmental legislation, improving the construction of filing and review mechanism, and optimizing the mechanisms for information disclosure and public participation.

REVISING ENVIRONMENTAL LAW THROUGH THE PARADIGM OF GOVERNANCE

This article analyzes the brazilian environmental normative production and its lack of effectiveness and efficiency under the dominion of symbolic power. Besides being the environment a common good the ones who have the competence to rule about it are very few public offices. The result is a constrained rule of law unable to encompass the complexity of the environmental challenges, and a lack of indicators to assess the effectiveness of environmental law: its existence and implementation in quantitative and qualitative values. The argument of this paper is that environmental law should be measured, produced and applied in the light of the governance paradigm empowering multistakeholders through multiple channels of influence causing synergistic, overlapping, or even contradictory actions, but efficiently influencing actions to deal with the causes of the environmental problems. The present analysis was based on bibliographical references using the hypothetical deductive method.

Usurpação mineral e tutela ambiental

O presente artigo visa analisar o marco regulatório minerário brasileiro. O regime legal dos bens ambientais minerais exige a interpretação de normas de direito minerário em conformidade com o paradigma da sustentabilidade. O foco do estudo é a usurpação mineral e seus impactos na tutela ambiental. O Direito Minerário deve estar ligado ao Direito Ambiental inclusive em casos de exploração ilegal de bens ambientais. Os referenciais teóricos a alicerçar o desenvolvimento e a subsidiar as conclusões obtidas situam-se em uma linha expansiva do direito ambiental. Portanto, a eficácia do direito ambiental é considerada no contexto de pano de fundo da compreensão dos institutos jurídicos. O trabalho assume uma análise crítico-metodológica para desenvolvimento do tema.

Improving the effectiveness of legal arrangements to protect biodiversity: Australia and Brazil

Brazil and Australia are both mega-diverse countries that are currently suffering from a severe and serious loss of biodiversity. Whilst there are significant differences between the two natural resource governance systems, there are several common challenges that each jurisdiction faces in their attempt to protect biodiversity. This paper examines the effectiveness of biodiversity protection in Brazil and Australia by considering the legal mechanisms that are in place to implement their international commitments to biodiversity protection, empirical evidence of the effectiveness of these, and the causes of insufficient performance, and prescriptions for reform and improved implementation. Invasive species management in Australia and the protection of rainforests in Brazil are used as examples of natural resource issues where improved governance systems are required for more effective biodiversity protection. To improve the effectiveness of environmental laws, the authors suggest that more emphasis must be placed on the overall system of governance, including the meta-governance issues of transparency and integrity. The paper concludes by drawing attention to the similarities in the challenges faced by both countries in terms of institutional arrangements, economic and political pressures for farming expansion, behavioral effectiveness of biodiversity protection laws, political commitment and social justice issues.

The effectiveness of environmental laws and their impact on changing environmental situation of current and future of Iraq

The effectiveness of environmental laws and their impact on changing environmental situation of current and future of Iraq

Effectiveness of Environmental Law: What Does the Evidence Tell Us?

A lot of literature has paid attention to ways in which the performance of environmental law could theoretically be improved. Less attention is, however, paid to the question which environmental policy instruments have actually led to a reduction of environmental harm. The problem is not that this material is not available. Since the early use of environmental policy instruments in the 1960s and 1970s various environmental and social scientists have analyzed the effects of particular environmental policy instruments. However, since these results are often published in environmental economics journals, they have to a large extent not led to a large influence in the environmental legal community. Moreover, to the extent the empirical literature is known, it often focuses on one particular aspect, e.g. the effects of an emission trading programme. The enclosed paper tries to fill that gap by looking at the empirical literature with respect to environmental policy instruments in an integrated manner. A large amount of these empirical studies are discussed in a critical manner whereby the various environmental policy instruments (liability rules, regulation, but also market-based instruments such as taxation and emission trading) are discussed in an integrated way. This overview does shed some light on the circumstances under which particular policy instruments (or a combination of instruments) may be effective in reducing environmental pollution. Attention is also specifically paid to the crucial issue of the enforcement of environmental law, thus discussing sanctioning policy and various enforcement strategies. The paper on the one hand brings together a lot of the widely-spread empirical literature with respect to the effectiveness of environmental law; on the other hand it also calls on environmental lawyers to increasingly use this type of empirical literature in environmental policy evaluations. The relevance of the paper is thus both theoretical as well as practical. From a theoretical perspective the paper tests particular assumptions made in environmental policy literature on how environmental law would work, by showing that the results in practice may often be different than what is assumed in theoretical literature. Theoretical literature for example points at the advantage of strict liability in deterring environmental pollution; empirical evidence, however, shows that increasing (strict) liabilities upon polluters also lead to liability avoidance behavior e.g. by organizing hazardous activities within smaller legal entities. This also shows the practical relevance of the paper. By showing under what circumstances particular policy instruments may work, important lessons are provided to the policy maker who e.g. would wish to move to the introduction of an emission trading scheme. The empirical evidence sheds important light on the conditions under which such a scheme can be able to reach the environmental goals desired by the legislator. The empirical evidence which is critically reviewed in this paper moreover relates to the application of environmental law in the US, Europe and developing countries and should therefore be of interest to a broad audience interested in the effectiveness of environmental law.

The challenge of environmental law as a tool for balancing environmental and economic interests, in the search for sustainable development

Sustainable development necessitates balancing the interests and concerns of both the environment and the economy. The importance of environmental law as a tool to balance these potentially conflicting interests is increasing. Germany, in particular since reunification, provides a good case study of the challenges inherent in a highly industrialized nation towards achieving sustainable development. Since reunification, the concept of sustainable development, in terms of the protection of the essential basis for the existence of future generations, has been incorporated into the constitution in 1994. Explicit means for how to harmonize the needs of both the economy and the environment, however, remain unclear. This is particularly evident in the implementation of so-called “acceleration” laws, designed to shorten the processing time in the re-development of former east Germany, particularly in the areas of transportation infrastructure, wastewater disposal facilities, and housing construction. The implementation of these acceleration laws is generally at the expense of environmental concerns and public involvement in the decision making process. The effectiveness of environmental law as a tool to balance the needs of the environment and the economy, as is required for sustainable development, remains an unmet challenge.