Environmental Law Enforcement Research Articles

Environmental Control and Management Continuation Through the Ruling of the State Administrative Court

Changes in environmental law provisions that have the potential to cause inconsistencies in these decisions must be harmonized with the legal system. Without consistency in decisions regarding environmental public administration disputes, it will be difficult for the government to make decisions and guideline for determining policies related to environmental protection and management. The aim of this research is to determine the consistency of environmental administration dispute decisions in state administrative courts. The writing method uses a normative juridical approach with statutory regulations, the legal sources used are primary and secondary legal sources relating to state administrative law and those relating to environmental regulations, apart from that the author uses a case study approach. The results of the research show that the implementation of regulations related to state administrative decisions in the environmental sector is still inconsistent, with the government placing more emphasis on remedial (retroactive) efforts in environmental problems which are manifested in the form of government intervention to restore environmental conditions after pollution and/or damage occurs. environment. Considering that the majority of environmental law enforcement is in the field of government administration, inconsistencies in environmental state administration decisions must be resolved immediately to realize good environmental protection and management. In fact, the decision of the state administrative court judge is not only intended to resolve a dispute but will also serve as a guideline for government agencies/officials in realizing sustainable environmental protection and management.

The shadow economy, natural resource income, and the effect of economic globalization on carbon emissions: Toward a sustainable future

AbstractThe shadow economy, natural resources, and economic globalization are interconnected factors that shape global carbon emissions. Developing effective strategies to mitigate climate change and achieve sustainable development requires understanding the interplay between these factors. This study examines the impact of the shadow economy, natural resource income, and economic globalization on CO2 emissions in APEC countries from 1990 to 2022. The empirical evidence suggests that a 1% increase in the shadow economy leads to a corresponding increase of 0.0861% in CO2 emissions. Economic growth, shadow economy, and economic globalization are positively associated with CO2 emissions in APEC countries. However, electricity supply from renewable sources and income from natural resources are negatively associated with CO2 emissions. Several policy implications need to be considered to address the shadow economy and its potential impact on CO2 emissions in APEC countries. Strengthening the enforcement of environmental laws and regulations is crucial in preventing the shadow economy's negative environmental impact. This includes targeting illegal activities such as logging, poaching, and dumping, which contribute to carbon emissions. Encouraging the transition to clean and sustainable energy sources can help mitigate the shadow economy's contribution to CO2 emissions.

The Challenges and Opportunities of Environmental Law Enforcement: A Systematic Review

Introduction: The formation of environmental law in many countries worldwide will unavoidably be promoted and coordinated by the non-governmental environmental groups currently in the world. In addition, it will benefit some developing countries where environmental protection is not a priority, environmental laws are not well-established, and oversight is not rigorous enough. Objective of research: This paper aims to explore the challenges and opportunities of environmental law enforcement in many countries in the world. Methods: A systematic review was used in this study. Based on the Preferred Reporting Items for Systematic Reviews and Meta-Analyses, this study followed the steps of a systematic review of the literature (PRISMA). The final sample of 35 publications was analyzed, considering the year of publication, methods utilized, geographical location, the topic of challenges, and opportunities in enforcing environmental law. Responding to environmental crime is largely the responsibility of government enforcement and regulatory authorities, whether at the national, subnational, or municipal levels. Results and Discussion: The primary reaction agencies in most areas of the world are police, customs and border protection, and environmental regulatory agencies. To assist developing nations in improving environmental legal instruments and supervision; to achieve the ultimate goal of regional and even global environmental law coordination; to train relevant persons, relevant agencies, and other topics in the necessary environmental skills and knowledge; and to transfer and teach environmental knowledge and law within a specified time frame. Conclusion: Although some countries have a thorough legislative structure for environmental protection, local government independence and law enforcement must be improved. The ability of environmental law to serve a purpose is critical in determining whether the measures should be fully implemented.

Environmental Justice Education in Nepal: Policies and Practices

Environmental justice is fundamental to education and policy, ensuring clean environments and sustainable development. The curriculum and constitution of Nepal focus on this, addressing global gaps and encouraging comprehensive wellbeing measures for educational resilience. This paper analyzes how environmental justice is reflected through equitable treatment and meaningful participation of all people in the creation, implementation, and enforcement of environmental laws, regardless of their race, culture, education, and socioeconomic status. To analyze how environmental justice has been enforced in educational policies, interviews were conducted with five policymakers who have long experience in policymaking in the educational sector. The findings revealed that indigenous knowledge, cultural thought, and belief in environmental justice areas were considered major issues in education policies and practices. This study emphasizes the interconnectedness of local and global environmental issues and the need to bridge the gap. The integration of environmental justice in the national curriculum framework highlights the role of local expertise, indigenous knowledge, and practical application. The study recognizes the significance of environmental consciousness, sustainable development, and equal access to education. This study acknowledges constitutional provisions in Nepal supporting environmentally friendly and sustainable development. It emphasizes the importance of environmental education, equitable treatment, and compensation for environmental injustices to safeguard the environment for future generations.

Signing Globally, Implementing Locally: Protecting Endangered Wildlife and the Predicament of Germany’s Federalism

ABSTRACT Germany has signed numerous international treaties for the protection and conservation of endangered wildlife and has transposed these, as well as related EU directives and regulations, into national law over the years with due diligence. It has been traditionally considered one of Europe’s environmental leaders. Yet, despite its reputation, Germany often seems unwilling and/or unable to enforce environmental laws and regulations. Germany’s federalism has led to a patchwork of enforcement of environmental laws, via either centralised, decentralised, or cooperative enforcement regimes. We aim to address this seeming contradiction through the theoretical lens of street-level bureaucracy to understand how federalism expands and/or constrains discretion. Our study relies on a mixed-methods approach incorporating qualitative and quantitative data. The qualitative analysis utilises about forty interviews of German street-level bureaucrats (SLBs), other government officials, politicians, and NGO representatives. We corroborate this through multivariate panel regressions on environmental crime outcomes using data regarding crimes recorded and solved at both the municipal (2016–2020) and state (2013–2021) level from the Germany’s Federal Criminal Police Office (Bundeskriminalamt, BKA). Our results indicate that decentralisation of enforcement authority down the municipal level has considerable drawbacks, while cooperative and centralised arrangements perform more favourably.

Actions speak louder than words: environmental law enforcement and audit fees

Actions speak louder than words: environmental law enforcement and audit fees

A new approach for environmental damage assessment pursuant to the European Union Environmental Liability Directive.

The European Union and Member States national laws require competent authorities to promptly and effectively address environmental incidents, noncompliances, and criminal offenses, necessitating thorough planning of investigation and assessment activities. To enhance environmental damage assessments in line with the European Environmental Liability Directive (ELD, 2004/35/EC), the European Union Network for the Implementation and Enforcement of Environmental Law (IMPEL Network) has introduced the Criteria for the Assessment of the Environmental Damage (CAED) framework. This framework, outlined in a Practical Guide, offers a methodological approach to environmental damage assessment (EDA) focusing on three key objectives: case screening, identification of "clues" of damage, and determination of "evidence" of damage. Given the critical importance of structured data collection and evaluation, the CAED project has adopted a Driver, Pressure, State, Impact, and Response (DPSIR) model adapted to environmental damage and developed the Practical Tables. These tables serve as a comprehensive tool for systematically identifying investigative priorities and collecting standardized data and information using a predefined list of qualitative or quantitative indicators. This article provides an overview of the Practical Guide and Practical Tables, collectively referred to as the CAED Toolkit, aiming to establish a common framework for environmental damage assessments among various competent authorities and stakeholders across Europe. Integr Environ Assess Manag 2024;00:1-10. © 2024 SETAC.

Bibliometric Exploration of Factors Affecting Community Involvement in Environmental Law Enforcement

This research conducts a comprehensive bibliometric exploration to unravel the factors influencing community involvement in environmental law enforcement, a critical aspect of safeguarding ecosystems and public health. Environmental law enforcement relies heavily on community participation, yet understanding the determinants shaping such involvement remains incomplete. Through a systematic analysis of scholarly literature, this study aims to bridge this gap by identifying key themes, trends, and gaps in understanding community dynamics in environmental law enforcement contexts. The research employs bibliometric techniques to analyze a vast corpus of publications, exploring factors such as social norms, economic conditions, and enforcement strategies affecting community engagement. The findings not only contribute to theoretical understanding but also offer practical insights for policymakers, environmental agencies, and community organizers to enhance community participation in environmental protection efforts.

Does Environmental Court Lead to Local Green Growth? Evidence from 230 Cities in China

To tackle the multifaceted environmental challenges and bolster environmental law enforcement in China, environmental courts have proliferated across many cities since 2007. However, their actual effects on economic growth, a central concern for governments at all levels, have yet to be thoroughly investigated. Leveraging the panel data of 230 cities from 2007-2016 and taking the establishment of environment courts as a quasi-natural experiment, this paper uses the difference-in-differences (DID) approach to examine the effects of building environmental courts on green economic growth at the prefectural level. We find that first, the effect is positive and significant; second, on possible channel for the boosting effect of environment court is through increasing technological innovation; third, the effect of court on green growth is more significant after two to three years. These findings provide references for both scholars of environmental politics and practitioners of green development in local governments.

The Maximization of State Non-Tax Receivables Management at The Directorate General of Law Enforcement on Environment and Forestry

This research investigates the problems encountered in the receivables management process by outlining the main strategies at the Directorate General of Environmental and Forestry Law Enforcement (Dirjen PHLHK). This research uses a qualitative approach and case study method. The results of this study indicate that the process of managing receivables at Dirjen PHLHK has not been optimal due to the absence of a formal SOP for receivables management, limited human resources, inefficient coordination and cooperation between internal divisions and external institutions, ineffective internal control, and inadequate facilities. Therefore, the efforts to optimize accounts receivable management at Dirjen PHLHK include making formal SOPs, making operational guidelines and technical guidelines for the implementation of receivables management, compiling a more comprehensive workload according to position class, recruiting officers who meet the qualifications of tasks and functions related to accounts receivable management, increasing awareness among related parties, implementing a more active internal control system and developing facilities and infrastructure in the implementation of receivables management by implementing a more sophisticated and sustainable technology system. The implications of the study are thoroughly discussed.

Climate Change and India’s Cities: Judicial Responses through the Lens of Sustainability Transformations

Abstract Cities and urban communities constitute a challenging paradox. They are contributors to climate change and simultaneously are essential focal bases for economic activity. Urbanization, population growth, economic development, and prosperity contribute to increased city greenhouse gas emissions. Envisioning and shaping a shift toward more ambitious climate responses is both an opportunity and a challenge for cities to action transformations toward sustainability. The discourse on sustainability transformations involves the reorientation and restructuring of governance processes and actions. Though the governance of transformation involves multiple actors, this article examines the role of the Indian judiciary in steering a transformation process toward a sustainable and equitable future. Indian city-and-climate-change case law is examined as a case study. Sectoral examples from construction, waste, livestock, transport, and renewable energy illustrate key areas addressed through the judicial incremental-reformist approach. Bolstering the implementation and enforcement of environmental and climate laws alongside the infusion of a powerful sustainability agenda, the Indian judiciary creates enabling conditions for transformational change.

Implikasi Keputusan Tata Usaha Negara Persetujuan Peningkatan Produksi Kontrak Karya dalam Penegakan Keadilan pada Peradilan Tata Usaha Negara

Environmental pollution occurs when the cycle of matter in the living environment changes so that the balance in terms of structure and function is disturbed. Imbalances in the structure and function of the material cycle occur due to natural processes or also due to human actions. In this modern age, there are many human activities or actions to fulfill biological needs and technological needs, thus causing a lot of environmental pollution. If there is a problem regarding environmental destruction or damage to the environment, it is almost certain that human activity is the main cause. The research method used is the Normative Juridical research type, in accordance with the objectives the author wants to achieve, the methodology in designing the thesis research uses two types of approaches, namely the Statutory Approach and the Conceptual Approach. The Statute Approach is an approach carried out by examining all laws with the concept of law. The implications of the state administration's decision to approve increased production of work contracts, provisions containing the principle of absolute responsibility, cannot yet be implemented, considering that Article 21 of Law No. 23 of 1997 concerning Environmental Management with implementing regulations that have not been made has resulted in lawsuits in environmental cases. in courts requesting the application of the principle of absolute responsibility is often not accepted. Enforcement of environmental law through civil procedures is regulated in Chapter either based on an agreement between the parties or using the services of a mediator and/or arbitrator. A lawsuit via litigation (court action) can only be pursued if efforts to resolve the dispute outside of court are unsuccessful.

Unlocking sustainability potential: The impact of green finance reform on corporate ESG performance

AbstractImproving the incentive mechanism and institutional framework of green finance policy is important to promote the synchronization of environmental management and enterprise development. Based on China's green finance reform and innovation pilot (GFRIP) policy in 2017, this study constructs a quasi‐natural experiment with a sample of A‐share listed companies and draws the following conclusions. (1) The effectiveness of GFRIP policy in significantly promoting enterprises' ESG performance in pilot areas, robustness tests such as propensity score matching and placebo tests reconfirm conclusions. (2) The GFRIP policy can effectively improve enterprise ESG performance by easing financing constraints, promoting green investment, and improving managers' green cognition. (3) Both external environmental law enforcement and internal manager environmental awareness can enhance the promotion effect of the GFRIP policy on ESG performance. (4) Heterogeneity analysis shows that the ESG performance of state‐owned enterprises, large enterprises, and high‐polluting enterprises is more affected by pilot policy. The results of the study provide a valuable perspective on how the government can promote green finance policies and implications for enterprises' sustainable development.

ENVIRONMENTAL MANAGEMENT AND JUSTICE SYSTEM IN BANGLADESH: ISSUES AND LEGAL FRAMEWORK

This paper presents environmental justice in Bangladesh which is connected with the human development, implementation and enforcement of environmental laws, regulations and policies. Environmental justice means the fair treatment of all people without discrimination of race, color, national origin and also include the development, implementation and enforcement of environmental laws, regulations, and policies. Environmental justice is very essential for the human rights which effects human lives as well as sustainable development of the country. Environmental justice also include protection against natural disasters, mass displacement, maintenance of natural resources, protection against health threats and livelihood of the Human being. Environmental justice ensures all people’s enjoyment of human rights, economic development, health protection above all healthy environment for life. There are also various environmental issues like global warming, over population, Waste disposal, Ocean acidification, loss of biodiversity, deforestation which are harmful for human lives. The Environmental problems in Bangladesh are climate change, cyclone, flood, drought, earthquake, riverbank erosion, air pollution, water pollution, soil pollution, and noise pollution etc. Environmental Justice System is the burning issues of the world and human existence depends on the sustainable development of the environment.
 

Environmental Law Enforcement in Waste Management Based on Good Environmental Governance Principles in Denpasar City

Waste management is still an unresolved problem. This study aims to examine problems in waste management in the city of Denpasar. This research is empirical legal research with a statutory approach. Data was collected with primary and secondary data and then analyzed qualitatively. Several laws and regulations correlate with waste management in Indonesia, namely Law No. 18 of 2008 concerning Waste Protection and Management. Structure, substance, and culture are three legal systems combined to make up law enforcement in the waste management industry. Moreover, there are two perspectives on law enforcement in waste management: preventive law enforcement and repressive law enforcement. To increase public awareness of a good and healthy environment, law enforcement in waste management also embraces the principles of Good Environmental Governance of the federal and municipal governments. The study results show that the Denpasar City Government already has mentoring rules regarding waste management. However, waste management based on good environmental governance in Denpasar City has not been effective. This is because the community and the lack of public awareness of healthy living still commit many violations. Thus, the government still needs to improve and increase the regulation and supervision of waste management in Denpasar City.

Enforcement of Environmental Criminal Law in Cases of Environmental Pollution by Corporations

The occurrence of various cases of environmental pollution is a reflection of the lack of corporate responsibility towards the environment, hence the need for environmental law enforcement. The formulation of the problem in this study is: 1). How is the enforcement of environmental criminal law against corporations after the enactment of Law Number 32 of 2009 concerning Environmental Protection and Management?; 2). What legal obstacles arise in criminal practice if corporations pollute the environment after the enactment of Law Number 32 of 2009 concerning Environmental Protection and Management? This research is normative legal research. The findings in this study show that the implementation of law enforcement is still weak, meaning that the subjective policy of law enforcement to continue criminal acts to further proceedings. Conditions like this are used as opportunities for corporations to do as they want and seek the maximum profit. Therefore, law enforcement must be firm and consistent. The main obstacles that occur in law enforcement practices faced when corporations commit environmental crimes are seven obstacles that affect the enforcement of environmental criminal law including: a). Obstacles to the Human Resource Capability of Law Enforcement is Still Limited; b). Environmental Enforcement Has Not Been a Priority; c). Obstacles to coordination between agencies in handling environmental crimes; d). Obstacles to Law Enforcement Professionalism; e). Obstacles to Facilities or Facilities that Support Law Enforcement; f). Dependence of Environmental Criminal Law Enforcement Application on Administrative Law; g). Criminal Law is still the ultimate remedium in environmental law enforcement.

Flexible and wearable battery-free backscatter wireless communication system for colour imaging

Wireless imaging, equipped with ultralow power wireless communications and energy harvesting (EH) capabilities, have emerged as battery-free and sustainable solutions. However, the challenge of implementing wireless colour imaging in wearable applications remains, primarily due to high power demands and the need to balance energy harvesting efficiency with device compactness. To address these issues, we propose a flexible and wearable battery-free backscatter wireless communication system specially designed for colour imaging. The system features a hybrid RF-solar EH array that efficiently harvests energy from both ambient RF and visible light energy, ensuring continuous operation in diverse environments. Moreover, flexible materials allow the working system to conform to the human body, ensuring comfort, user-friendliness, and safety. Furthermore, a compact design utilizing a shared-aperture antenna array for simultaneous wireless information and power transfer (SWIPT), coupled with an optically transparent stacked structure. This design not only optimizes space but also maintains the performance of both communication and EH processes. The proposed flexible and wearable systems for colour imaging would have potentially applications in environmental monitoring, object detection, and law enforcement recording. This approach demonstrates a sustainable and practical solution for the next generation of wearable, power-demanding devices.

Environmental Law Enforcement in Philosophy of Law

The environment is God’s gift which should be protected and preserved. In Indonesia, arrangements regarding environmental management are regulated by various laws and regulations. However, ongoing destruction and even environmental pollution still exist. Therefore, this study aims to examine how environmental law is enforced in Indonesia and review environmental laws from the philosophy of law perspective. This study uses the philosophy of law research method in a paradigmatic study emphasizing the qualitative tradition. In its enforcement, environmental disputes can be resolved through criminal, civil, and administrative ways. In the study of Paradigm Critical Theory et al., environmental law must continue to be actively pursued by dismantling existing laws that consistently represent the authorities' interests. For the critical paradigm, law enforcement always seeks to achieve justice for the poor, weak, or minority groups for the oppression and legal imbalances that occur.

Does environmental law enforcement supervision improve corporate carbon reduction performance? Evidence from environmental protection interview

In response to the challenge of carbon emissions, countries worldwide have implemented a diverse range of environmental policies. However, the inefficient implementation of these policies remains a remarkable hurdle in the process of carbon governance. Exploiting the environmental protection interview (EPI) initiated in 2014 and 2015 as a quasi-natural experiment and utilizing firm-level data from 2011 to 2018, this study investigates whether the enhanced supervision of local environmental law enforcement by the central government causes changes in corporate carbon reduction performance (CCRP) based on the Staggered DID model. We observe that EPI notably improves CCRP, and this enhancement manifests both immediately and persistently over time. Furthermore, the impact of EPI on CCRP is more pronounced among large-scale enterprises, enterprises with low financing constraints, and those with weak political affiliations. Mechanism analysis indicates that government pollution control efforts, public environmental awareness, and enterprise source control are pivotal factors that strengthen the effectiveness of EPI. This study reveals the positive effects of EPI in achieving carbon reduction goals and underscores the vital role of institutionalized law enforcement supervision mechanisms as a fundamental prerequisite for policy efficacy.

Whether green credit is effecitve: a study based on stock market

Many environmental policies have achieved good pollution control results by using a financial market approach, but whether or not an effective green credit policy can play an effective role in the financial market has not been proved. Due to the information asymmetry problem which exists between investors and enterprises in the financial market, and the “Green Credit Guidelines” outlined in 2012, this article builds a signal game model. It uses the short-term event study method to examine whether green credit affects abnormal stock returns, and discusses the enterprises' and investors' selection mechanism strategy and influencing factors. The results show that green credit policy will cause green enterprise stock prices and yields to rise, while polluting enterprises stock and yields will fall while investors’ behaviour moderates the relationship between them. Thus, environmental information disclosure, financing constraints, and environmental expenditure forms the primary mechanism, as enterprise ownership and environmental law enforcement have differential effects. The research results help expand the relevant research on the impact of environmental information asymmetry on market efficiency. The results also provide targeted policy suggestions, giving full play to the role of green credit policies in financial markets and promoting the implementation of a green credit policy.