Environmental Law Research Articles

115 years of sediment deposition in a reservoir in Central Europe: Effects of the industrial history and environmental protection on heavy metals and microplastic

AbstractHumans have considerably influenced accumulation rates and sediment composition in lake deposits. Due to near‐continuous accumulation, lakes and reservoirs are an excellent archive of these anthropogenic influences. The Urft Reservoir in the Eifel Mountains, western Germany, provides a unique record of the human influence on the landscape for the past 115 years. In 2020 and 2021, 24 cores and 23 surface samples were obtained from the bottom of the, by that time drained, reservoir. Grain size, heavy metals, weathering signatures and microplastic were analysed. For the chronology, caesium‐137 and microplastic were used. Using the first occurrence of microplastic as well as different plastic types for dating was not successful. However, a distinct layer with a high number of microplastic particles could be traced back to a fire in 1991 and was used as an additional stratigraphic marker in the age‐depth model. A period of relatively high accumulation rates in the reservoir occurred in the mid‐1950s and was related to enhanced construction works in the local valleys. Analysis of heavy metal content in the reservoir sediments shows a strong connection to historical changes in ore industry in the valley of the Urft. Stricter environmental protection laws and the decline of the metal processing industry resulted in a reduced input of lead, copper and zinc in the reservoir until the mid‐1980s. Since then, heavy metal content has remained relatively constant. A major flooding event in July 2021 did not lead to the remobilisation of older contaminated deposits as indicated by low heavy metal content in flood deposits. Accordingly, also the microplastic content is not increasing following the extreme event. Due to the degree of weathering of the flood deposits, it is argued that mainly hillslope material was transported into the Urft and subsequently into the Urft Reservoir during this event.

A Review of the Conservation Status of Shorebirds in Mongolia

We present the first comprehensive review of 62 migratory shorebird species in Mongolia, covering their ecological status, IUCN assessments at regional or national levels, population trends, threats, and conservation measures. Mongolia hosts a total of 62 shorebird species from twenty-two genera and seven families, with six species classified as globally threatened: the Critically Endangered Sociable Lapwing, the Endangered Siberian Sandplover, the Far Eastern Curlew, the Great Knot, and the Vulnerable Sharp-Tailed Sandpiper. Both national and global IUCN Red List assessments highlight Mongolia’s significance as a breeding and passage migrating site for globally threatened and Near-Threatened shorebirds. Species richness is higher in northern regions compared to the south, with the highest diversity found in areas with complex aquatic ecosystems. Global population trends indicate a decline in 61% of species, with 18% remaining stable, 16% of unknown status, and 5% increasing. At the national level, most species are stable (61%), 34% status is unknown, and 5% are decreasing. Anthropogenic-induced threats, including habitat loss and degradation, pollution, disturbance, and harvesting, pose significant risks to 69% of species, while natural disasters affect 11%. Additionally, 8% of species are impacted by accidental mortality and intrinsic factors, and 5% by changes in native species. Despite these threats, no specific conservation action plans exist for shorebirds in Mongolia. However, general conservation measures are in place, such as environmental and fauna protection laws, regulations on foreign trade in endangered species, and the establishment of protected areas under governmental resolutions. Mongolia also participates in international conventions like the Convention on Biological Diversity (CBD), Ramsar, and Migratory Species (CMS), and has developed national red lists, red books, and publications such as “A Summary Conservation Action Plan for Mongolian Birds”, “Important Bird Areas” to support conservation efforts.

The criminal law protection mechanism for sustainable development in China – an empirical analysis of environmental pollution crime

China’s environmental criminal law serves as the strongest legal safeguard for the construction of an ecological civilization, revealing the country’s determination and efforts in environmental protection. Prior to 2011, Article 338 of China’s Criminal Law, which is most closely associated with the punishment of polluters, was rarely applied effectively. However, following the revision of Article 338 to address environmental pollution crime in 2011, more than 10,000 cases were filed in just a few years; thus, this law has played a significant role in the smooth advancement of China’s ecological civilization. An empirical analysis of 1600 instances of environmental pollution crime revealed that Chinese courts continue to give precedence to conventional sentencing factors in the enforcement of this criminal law. Despite the vigorous promotion of the ecological civilization concept in recent years within China, its integration into the judiciary process appears inadequate, and the boundaries of environmental pollution crime remain vaguely delineated. Given these circumstances, there is a pressing need for China to enhance its legislative and judicial frameworks regarding environmental criminal law to ensure robust and enduring support for the nation’s sustainable development.

Teamwork Makes the Dream Work

In the spring of 2022, clinicians from the University of Central Lancashire’s Advice and Resolution Centre and Lancaster University’s Law Clinic launched a pilot environmental law policy clinic. A primary motivation for starting the policy clinic was to involve a wider range of students in clinic work, including those who may not have volunteered for the main legal advice clinic due to either a lack of confidence or a lack of desire to enter the legal profession. Through participation in a CLEO workshop on policy clinics, the writers were introduced to the work of the Environmental Law Foundation (ELF). ELF provides free information and guidance on environmental issues for individuals and communities through a university-based law clinic policy network. The aim of our policy clinic project with ELF was to investigate the extent to which local authorities in a UK region are considering climate emergency declarations in their decision making and are on track to achieve net zero emissions. Participation in the project did not require any previous experience in environmental law or policy work, and the supervisors of the project did not have expertise in this niche area of law. This paper will reflect on the experiences of running a pilot, cross-institutional environmental law policy clinic and the lessons learned (both good and bad) from the undertaking.

Not a Blueprint: Reflections on the Cardiff Environmental Law and Policy Clinic

This article addresses the evolution of environmental clinical legal education at the School of Law and Politics at Cardiff University, with particular reference to the shift in its clinical focus from ‘law’ to ‘policy’. Law and policy are of course deeply intertwined, and the shift under consideration is to be understood neither as abrupt nor comprehensive. It is one of emphasis, which in turn is a reflection of the richness and complexity of the discipline of law within which clinical legal education, like all legal education, operates. The article examines the nature of, and factors shaping, the shift in Clinic emphasis towards law and policy. It addresses some of the practical implications of this for a host of clinical considerations (including resourcing, training and expertise, relationships with clients and management of outputs and impacts in the real world). It is hoped that this case study will feed into a wider literature around environmental clinical legal education, and the policy dimension in particular. The Cardiff Clinic is housed in a multi-disciplinary School of Law and Politics, which contains a wider clinical provision beyond the ‘Environment’, including a world-leading Innocence Project. This is the broader institutional context within which the Environmental Law and Policy Clinic is situated, and it is with this that our analysis begins in Section 1. We highlight what we call the ‘strategic accident’ and ‘accidental design’ underpinning the School’s clinical provision, as a core dynamic which is carried through in the analysis of the environment-focused Clinic. Section 2 elaborates on the substantive environmental law and policy context within Wales and the UK as a whole, and how this has shaped the increasingly policy-oriented nature of work of the Clinic. Section 3 critically reflects on the Cardiff experience, drawing in part on feedback the authors have obtained from student participants, as well as the authors’ own perspectives, to evaluate the developments under scrutiny.

Analisis Dinamika Keadilan Lingkungan dan Pengelolaan Sumber Daya Alam: Studi Kasus Pencapaian Hak Tanah Masyarakat Desa Wadas terhadap Rencana Pembangunan Bendungan Bener

In the context of environmental law enforcement, justice is a crucial element. Recognizing the importance of justice in the context of the environment and natural resource management is expected to raise awareness about environmental care and sustainable preservation efforts. The management of natural resources plays a key role in shaping the development of human societies. Land resources hold significant importance for human survival, as they are used in various human activities such as agriculture, industry, housing, transportation networks, recreation, and environmental conservation for scientific purposes. However, many conflicts arise concerning land, with concrete examples such as land disputes. Efforts to protect the environment have been made through various means, including community participation, stakeholder involvement, regulation, national and international agreements, legislation, and law enforcement. Additionally, scientific and technological approaches, as well as technical programs, have also been employed in environmental protection efforts. Nevertheless, environmental issues have not yet been fully effectively addressed. An example is the case of the Land Rights Achievement of the Wadas Village Community in relation to the Bener Dam Development Plan. This research has the potential to be used as a dynamic analysis of environmental justice and natural resource management.

Harmonizing International Environmental Law and National Sovereignty

International environmental law is an important legal tool to deal with the global environmental crisis. In recent years with the increasingly serious and global environmental problems the speed and depth of environmental problems are also increasing. In this process the relationship between state sovereignty and international environmental law and its conflict become the object of study. "To do a systematic analysis this paper attempts to destroy the conflict between national sovereignty and environmental rights and on the basis of in-depth discussion of the background concept formation and development stage of international environmental law to explore whether the two can be coordinated. In particular the concept of "soft standards" is proposed to analyze its actual status and role in international environmental law and its dialectical relationship between legal significance and legal effect in non-binding international instruments. On the basis of respecting national sovereignty the document said that strengthening the supervision of international mechanisms and improving the national responsibility system can promote the effective coordination of international environmental law and safeguard national sovereignty and realize the mutual benefit and win-win situation of environmental protection and national interests. At the same time it puts forward a more cautious attitude towards the criticism and modification of the soft law of the international environment and emphasizes that the universal basis of the law should be paid attention to in the practical application so as to avoid the marginalization of legal research due to excessive dependence on social analysis methods.This paper aims to provide theoretical support and practical guidance for the further development and practical application of international environmental law.

The Rule of Law: A Core Premise for the Effectiveness of International Environmental Law

Abstract International environmental law rarely refers to the rule of law. However, in fostering inter-state cooperation, international environmental agreements oblige parties to prohibit, restrict or control various activities that are harmful to the environment. The application of these constraints at the national level requires the rule of law to be taken into account.

Innovations in Environmental Governance: The Significance of the British Office for Environmental Protection

The British Office for Environmental Protection was established in 2021 following the United Kingdom’s departure from the European Union. It is the most recent of just a handful of independent environmental watchdog bodies established in global jurisdictions to date, and has a broad range of powers. These include the evaluation of government policy, advice to government on new environmental law, reviewing the implementation of environmental law, and enforcement powers against government and other public bodies for breaches of environmental duties. The need for such bodies in the environmental field is important, and the Office for Environmental Protection may provide a useful model for other countries.

Strengthening of rule of law and ESG performance of corporations

This study examines the impact of China's 2018 Environmental Protection Tax Law on corporate ESG performance. Using a difference-in-differences approach, the tax reform enhances ESG performance, especially for heavily polluting, state-owned, and large eastern enterprises. Debt financing and institutional investors positively influence this relationship. The research adds to our understanding of ESG factors and guides policymakers and investors.

Implications of Climate Change Litigation for Environmental Law and Policy in Ghana

Purpose: The aim of the study was to examine implications of climate change litigation for environmental law and policy in Ghana Methodology: This study adopted a desk methodology. A desk study research design is commonly known as secondary data collection. This is basically collecting data from existing resources preferably because of its low cost advantage as compared to a field research. Our current study looked into already published studies and reports as the data was easily accessed through online journals and libraries. Findings: The study found that the implications of climate change litigation for environmental law and policy in Ghana underscore the urgent need for robust legal frameworks and adaptive policy responses to address the multifaceted challenges posed by climate change. While Ghana has made strides in enacting environmental legislation and participating in international climate agreements, the increasing frequency and severity of climate-related impacts necessitate greater legal clarity, enforcement mechanisms, and stakeholder engagement to enhance climate resilience and adaptation efforts. Climate change litigation provides a crucial avenue for affected communities, civil society organizations, and environmental advocates to hold governments and corporations accountable for their contributions to climate change and their obligations to protect the environment and uphold human rights. Unique Contribution to Theory, Practice and Policy: Legal Mobilization Theory, Policy Diffusion Theory & Ecological Modernization Theory may be used to anchor future studies on implications of climate change litigation for environmental law and policy in Ghana. Encourage strategic litigation that targets key actors, industries, and policy arenas to maximize the impact of legal interventions on environmental protection and climate action. This involves identifying leverage points within existing legal frameworks and leveraging innovative legal strategies, such as public trust doctrines and rights-based approaches, to advance environmental objectives. Foster greater integration of climate change litigation outcomes into national and international environmental policy-making processes. Governments and intergovernmental organizations should proactively incorporate legal precedents, court decisions, and settlement agreements into policy development, implementation, and evaluation.

Reconstruction of the 1945 Constitution for strengthening the legal framework of Indonesia Environmental Law

The Anthropocene era was marked by a decline in the quality of the environment including being influenced by the law itself, for example the Job Creation Law was considered to have a negative impact on efforts to protect the environment. This research will analyze the development of legal instruments and the role of the Constitutional Court in environmental protection. This research will be conducted by studying legal literature. The urgency of changing the environmental law political paradigm (green policy) in Indonesia based on the ecocentrism paradigm will provide stronger environmental law political guidelines. Efforts to strengthen the paradigm of environmental protection are carried out by reconstructing the 1945 Constitution of the Republic of Indonesia by granting rights to the environment and setting state obligations. There is a role for the Constitutional Court through Decision Number 32/PUU-VII/2010 and Number 18/PUU-XII/2014 by providing guidelines for the development of more comprehensive environmental law.

The Role of Precautionary Approach and Sustainable Development in International Environmental Law: A Comparative Analysis

The Role of Precautionary Approach and Sustainable Development in International Environmental Law: A Comparative Analysis

An Appraisal of the Legal Frameworks and Policy Shift in the Nigerian Energy Sector

This paper will explore policy shifts in Nigeria’s oil and gas, solar, nuclear, and mineral energy sectors. This policy shift by way of a transition, indigenization, and Nigerianization, has given way to deregulation, decentralization, and de-indigenization of many industries, most notably in the oil and gas sector, through the Petroleum Industry Act (PIA) of 2021 and the Local Content Act of 2010 (LCA). The paper recommends, amongst others, the establishment of a new legal regime that grants resource-based and property rights to resource-bearing communities and incorporates principles of international law, energy diplomacies, International Environmental Law, and international best practices.

Green Innovation and Firm Performance: The Role of Environmental Management Practices

The relationship between environmental management practices (EMPs), green innovation, and company performance is investigated in this study. Although prior studies have demonstrated the beneficial effects of implementing green management practices on financial performance, the objective of this study is to offer more comprehensive insights by integrating empirical measurements of green innovations. The study looks into how green innovations affect the connection between business performance and EMPs. EMPs are crucial policies that businesses implement to protect the environment and abide by environmental laws. According to the study, financial performance and environmental performance can reinforce one another when investments are made in green innovations. The study adds to the body of knowledge already available on the connection between business environmental sustainability and financial performance by expanding on earlier empirical claims. Keywords: Green innovation, environmental management practices, firm performance, financial performance, environmental performance, green products, technology.

Do smart city policies improve energy efficiency? Evidence from China

To address air pollution and offer a convenient and comfortable living environment, the Chinese government launched a smart city pilot (SCP) project in 2012, accompanied by a comprehensive set of environmental and energy-related laws and regulations. Although academic interest in smart cities has surged, there remains a notable gap in empirical research exploring the economic, environmental, and energy effects of such initiatives. Taking 232 prefecture-level cities from 2003 to 2017 as research subjects, this study measures energy efficiency by using energy consumption per unit of GDP and adopts a difference-in-differences (DID) analysis to investigate the impact of SCPs on energy efficiency. The empirical results indicate that SCPs improved energy efficiency by promoting urban technological innovation capabilities and green total factor productivity, and this effect was more pronounced in cities that were more dependent on traditional fossil fuel energy sources and had more developed fiscal and financial levels. Studying the impact of smart city construction on energy utilization efficiency in developing countries, such as China, is not only significantly enlightening for China’s green and low-carbon transition but also provides reference opinions for constructing smart cities and the path to enhancing energy efficiency in other developing countries. The findings provide valuable insights into the global development of smart cities, urban sustainability, and high-quality economic growth.

الحماية الجنائيّة للبيئة المائيّة في إطار التنمية المستدامة: قراءة في التشريع الأردني

The protection and conservation of ecosystems are of paramount importance for optimal utilization, particularly of the aquatic environment. This study aims to outline the approaches of the Jordanian criminal legislator in protecting the aquatic environment from pollution and to analyze the legal regulations for its preservation, ensuring the establishment of qualitative protective policies that prevent the depletion risks for future generations and meet Jordan's commitments to achieving sustainable development goals simultaneously. This is especially critical given the pressing water situation in Jordan. To achieve the study's objectives, the researchers employed descriptive and analytical methodologies to address the study's issues. The first section explored the nature of the aquatic environment as a value protected by criminal law, while the second section discussed the legal framework for the criminal protection of the aquatic environment in Jordanian legislation. The study concluded that an examination of the legislation reveals a significant concern from the Jordanian legislator in addressing violations that may occur against the aquatic environment. This is evidenced by the multiplicity of laws concerned with its protection, extending the scope of protection to include both quantitative and qualitative measures, criminalizing a wide range of actions, and adopting a broad approach in defining criminal activities. However, this multiplicity may lead to the pitfalls of overlapping applicable texts and the intermingling of their provisions. Consequently, the study recommends that related legislations on environmental protection should serve as a tool to guide the behavior of administrations, economic activities, and citizens to protect various environmental elements. Furthermore, the "Environmental Protection Law" should exclusively address criminal measures, stipulating the provisions of criminalization and punishment and organizing the rules of criminal responsibility within it, to prevent any conflict or ambiguity in the realm of criminal protection of the environment in general, and the aquatic environment in particular.

Water pollution with fluoride in the Republic of Moldova and its impact on oral health

Water quality, especially drinking water quality, is one of the most essential requirements for the survival of not only mankind but all terrestrial life on Earth. As a determining factor of health, the quality of drinking water must correspond to sanitary regulations, and the violation of the water protection regime results in pollution. Water pollution is one of the major threats to public health in the Republic of Moldova. According to data compiled by the Yale Center for Environmental Law and Policy, globally, the Republic of Moldova was placed 83rd out of 180 countries in terms of drinking water quality, the first place being occupied by the countries with the highest drinking water quality. The „age-standardized life-years lost per 100,000 people due to exposure to unsafe drinking water (Daily rate)” is a measure used to evaluate the quality of water. The Daly score for the Republic of Moldova in 2022 was 50.0. The Republic of Moldova is considered a biogeochemical zone with regard to some chemical elements in the environment, including the content of fluorine in groundwater, soil, and subsequently in food products. The analysis of water samples taken by the National Public Health Center of the Republic of Moldova demonstrated that in 90% of cases, water sources subjected to laboratory investigations for microbiological and chemical parameters (boron, fluorine, and nitrates) do not meet the requirements. The present study was a prospective, observational one, the main objective of which was to evaluate the epidemiological dental characteristics of children from the fluorosis-endemic area of the Republic of Moldova. The study targeted 520 12- and 15-year-old children from Fălești district, where the fluoride concentration in drinking water exceeds 16 times the permissible norm of 16.2 ppm/l. Thus, the prevalence of dental fluorosis in this locality (Dean index ≥1) was 98.7 for 12-year-old children and 100% for 15-year-old adolescents. The prevalence of dental caries was 51.2% with an intensity of 2.1 for 12-year-old children, and for 15-year-old children, the prevalence was 67.1% with an intensity of 3.5. Children’s age and severity of dental fluorosis were independent predictors of dental caries intensity. Thus, a positive correlation was established between the severity of dental fluorosis and the intensity of dental caries in both study groups and in all groups of teeth. The percentage of children with a COAD index (decayed, filled, or absent teeth) ≥1 was higher in those whose Dean index was ≥ 5 in the second molar compared to other groups of teeth. Conclusion. Dental fluorosis remains the most common dental disease in fluorosis-endemic areas, and the severity of fluorosis increases with increasing fluoride concentrations in drinking water. Contrary to the previously established opinion, tooth decay also develops in children from endemic areas of fluorosis, and its frequency and intensity are directly correlated with the concentration of fluoride in drinking water. The higher the concentration of fluoride, the higher the values of the prevalence indices and intensity of dental caries. Republic of Moldova performs suboptimally in the prevention of oral diseases in the pediatric population, and the implementation of dental disease prevention programs would have major implications for improving dental morbidity.

Environmental Law Strategy to Overcome the Waste Accumulation Crisis: Mandala By Pass Case Study

Environmental Law Strategy to Overcome the Waste Accumulation Crisis: Mandala By Pass Case Study

DETERMINANTS OF FOREIGN DIRECT INVESTMENT IN ORGANIZATION OF THE ISLAMIC COOPERATION COUNTRIES: DOES FINANCIAL DEVELOPMENT MATTER?

A study on the factors influencing foreign direct investment (FDI) was started by the Islamic Cooperation countries, the majority of which are developing nations, due to the significance of capital flows for these nations. The present study employs an institutional quality framework, green economic policies, and the function of financial development to evaluate the components that effect foreign direct investment (FDI). The results of this research demonstrate that institutional changes and green economic policies stimulate foreign investment. Several institutional metrics, including government performance, the rule of law, political stability, and regulatory quality, have highly positive outcomes, while electoral accountability and preventing corruption have negative and minor consequences. Furthermore, elements of the green economy including human capital, natural resources, and environmental laws have a big impact on foreign investment. These results also suggest that the growth of the financial sector can boost the impact of institutional quality and the green economy on the attraction of foreign investment. The conclusions of this study demonstrate that investors examine institutional integrity, the green economy, and financial development when making investment decisions.