Environment-related Laws Research Articles

공동체주도 발전 사례연구: 홍천군 열목어마을

The purpose of this study is to explore the potentiality of community-driven development through case study. The case selected in this study is Lenok Village in Hongcheon-gun, Gangwon-do, which is alienated from public services due to its geographical isolation and is regulated for regional development by environment-related laws. Community-driven development in Lenok Village began from resolving the inconvenience caused by the absence of village common facilities. Along with obtaining public funding projects from government ministries, consensus among members about the identity of the community, as suggested by Merchant (2010), has appeared. Through these efforts, Lenok Village has improved the core elements of social capital and has continuously improved economic, cultural and social services.
 The implications from the case of Lenok Village are suggested as follows. First, the formation and agreement of community identity in community development allows a community to adhere to clear goals and directions, thus leading to consistent and voluntary participation. Second, the composition of village organizations, such as closed network proposed by Coleman(1988), becomes the basis for opinions and participation among various organizations in decision-making and participation, thereby resulting in securing transparency, openness, mutual monitoring and expectations, and easing conflicts in advance. Third, social harmony and solidarity among community members can be strengthened only when not only economic but also social and cultural aspects are secured in community-driven development.

Economic Growth and Socioeconomic Sustainability in BRICS Countries: A Vector Error Correction Modeling Approach

A major problem to the BRICS goal of achieving sustainable economic growth for members is the increasing level of socioeconomic inequality in the bloc. Consequently, the purpose of this study is to understand the influence of economic growth on socio-economic sustainability in the BRICS countries, using a yearly dataset from 1990 to 2019. A multivariate co-integration technique by Johansen and Juselius and Granger causality test were used to establish the relationships. Findings confirmed co-integration and short-run causal relationships. The most interesting results were the negative influence of economic growth on socio-economic inequality, tacit support for the resource curse hypothesis. The paper concluded that a common policy option was not possible and that for the block to pursue its economic prosperity goals without compromising individual countries' needs for socioeconomic sustainability, varied policy options were inevitable. The policy implications and recommendations are straightforward: the radical legal basis for the transition from natural resource export, as well as, sweeping regulation for the sustainable usage of natural resources protection, strict penalties on violations of environment-related laws and policies to enhance, general country-wide support. In addition, there may be an urgent need to define the active role of NGOs and other independent institutions in promoting socioeconomic equality (sustainability) practices and concepts at both local and national levels, enhanced social programs; market development, Integration of existing policies and creation of societal culture. Consequently, to the best of the researcher’s knowledge, no study has investigated comprehensibly (along with multiple determinants) the sustainability of growth policy options within BRICS with an aim to proposing socioeconomic sustainability and growth policy options.

Politics of environmental law in relation to mining in Bangka Belitung: A mapping

Legal policy is an official policy that is enforced by either adding new laws or by replacing old laws with new ones in order for a country to accomplish its goals. In environmental context, attention to legal policy becomes crucial, especially when associated with massive mining that takes place in some areas. In other words, mining activity in all its forms and operational methods is bound to be influenced by government’s environmental policies, including those in the form of laws and regulations. Since environment and mining affect each other, they are inseparable. The substances of environmental policies affect policies in the mining sector. Hence this normative study aims to do a mapping of environmental policies in regards to tin mining in Bangka Belitung. The data collection technique employed in this qualitative study was literature review, with laws and regulations as its primary data. This study used two approaches, namely statute approach and conceptual approach.

Cross-sectoral input for the potential role of science in Canada’s environmental assessment

Since being elected in 2015, Canada’s federal Liberal government has taken steps to overhaul major environment-related laws and policies, including federal environmental assessment (EA) and regulatory processes. During 2016–2017, a government-appointed panel toured Canada and received >1000 suggestions from diverse sectors of society regarding EA reform. Yet, different sectors of society may have different views concerning scientific components of EA. We analyzed written submissions during public consultation (categorized into five sectors) regarding five key scientific components of EA: (1) openly sharing information, (2) evaluating cumulative effects, (3) scientific rigour, (4) transparency in decision-making, and (5) independence between regulators and proponents. On the whole, submissions from Indigenous groups, non-governmental organizations, and individuals/academics supported strengthening all five components. In contrast, most contributions from industry/industry associations, and, to a lesser extent, government bodies or agencies, suggested that there was no need for increased scientific rigour or increased independence. These findings indicate that there is cross-sectoral support for strengthening some scientific aspects of EA. However, the degree to which the Government of Canada strengthens the scientific rigour and independence of EA will indicate whether environmental decision-making in Canada is aligned with preferences from industry or the rest of Canada.

Wykładnia norm planowych w prawie ochrony środowiska (zagadnienia wstępne)

Artykuł podejmuje, w kontekście wykładni prawa, problematykę planowania w ochronie środowiska – zjawiska które przeżywa obecnie swoisty renesans. Celem rozważań jest odpowiedź na pytanie, jakie są odrębności wykładni prawa ochrony środowiska w odniesieniu do norm planowych oraz czy i na ile swoistość aktów planowania jako źródeł prawa determinuje też ich wykładnię. Artykuł ma charakter wstępny i ukierunkowany jest na identyfikację problemów badawczych oraz wyznaczenie kierunków dalszych poszukiwań. Wychodząc od przedstawienia aktów planistycznych w prawie ochrony środowiska jako źródła rekonstrukcji normy prawnej, wskazano, iż trudności wykładni aktów planistycznych jako źródeł prawotwórczych stanowią refleks ich szczególnego charakteru prawnego. Analizując następnie charakter norm planowych w prawie ochrony środowiska, zauważa się, iż (podobnie jak inne normy planowe) wykazują one duże zróżnicowanie, będące pochodną różnorodności charakteru prawnego aktów planistycznych. Autorka podkreśla też swoistość wykładni norm planowych, prezentując przykłady odrębności, które również związane są ze swoistymi cechami norm planowych, w tym ich przynależnością do prawa ochrony środowiska. Na koniec zauważa wpływ planowania w prawie ochrony środowiska na tendencje ewolucyjne modelu prawa w Polsce w świetle teorii P. Noneta i P. Selznicka.

Representation of Future Generations through International Climate Litigation: A Normative Framework

International climate litigation is an important supplement to the global United Nations negotiating process. Establishing a normative basis for such litigation is important in terms of its legitimacy. Rehfeld’s concept of representation is used in this article to argue that it is coherent to talk about representation of future generations in relation to climate change-related claims brought by States on behalf of their citizens and future generations before international tribunals. The article argues that international law ought to promote justice (following Buchanan and Ratner) – but extended to include intergenerational justice defined as an obligation on current generations to ensure subsistence enjoyment of core human rights by future generations. It is further argued that international tribunals ought to represent future generations as a vehicle for promoting intergenerational justice, given the massive bias against future generations in current law-making and institutions. How this would translate into a concrete case is illustrated by discussion of a potential advisory opinion of the International Court of Justice. The normative framework is utilised to illustrate how the Court should 1) interpret some selected general principles of international environmental law in relation to the Paris Climate Agreement and 2) take a liberal interpretation of its procedural rules to allow amicus curiae briefs by international organisations purporting to represent or highlight the interests of future generations in the climate context.

Effect of Inspection Policies and Residual Value of Collected Used Products: A Mathematical Model and Genetic Algorithm for a Closed-Loop Green Manufacturing System

In the green manufacturing system that pursues the reuse of used products, the residual value of collected used products (CUP) hugely affects a variety of managerial decisions to construct profitable and environmental remanufacturing plans. This paper deals with a closed-loop green manufacturing system for companies which perform both manufacturing with raw materials and remanufacturing with collected used products (CUP). The amount of CUP is assumed as a function of buy-back cost while the quality level of CUP, which means the residual value, follows a known distribution. In addition, the remanufacturing cost can differ according to the quality of the CUP. Moreover, nowadays companies are subject to existing environment-related laws such as Extended Producer Responsibility (EPR). Therefore, a company should collect more used products than its obligatory take-back quota or face fines from the government for not meeting its quota. Through the development of mathematical models, two kinds of inspection policies are examined to validate the efficiency of two different operation processes. To find a managerial solution, a genetic algorithm is proposed and tested with numerical examples.

PELANGGARAN HAK ASASI MANUSIA DALAM KEBIJAKAN DAERAH DI BIDANG TATA RUANG DI KABUPATEN KUNINGAN

Guarantee legal certainty and economic stability is very important to keep the movement of the economy of a country. The formulation of the problem formulated a point of issue is how the environmental law enforcement in Indonesia on a case study of forest fires in Indonesia and How to influence environmental law enforcement to economic growth in Indonesia. The purpose of this study was to determine the environmental law enforcement in Indonesia on a case study of forest fires in Indonesia and How to influence environmental law enforcement to economic growth in Indonesia. This research could be useful in a practical and theoretical. The method used by the researchers are using a normative juridical approach. The results of the study Enforcement of Environmental Law in relation to the Criminal Law which is related substance of Law in Article 69 paragraph (1) letter H Law No. 32 of 2009 on the Protection and Environmental Management includes about a ban on land clearing by burning and action against the perpetrators for enforce the law and environmental law enforcement to economic growth in Indonesia affected by three (3) aspects, namely Products of law, justice system and political risks are always changing. Conclusions of law enforcement carried out by the legislation in force and the factors that influence economic growth is necessary to be noticed is the commitment of the highest officials responsible to the reciprocation of a country. Recommendation law enforcement must be carried out according the legislation without seeing the background of the company or individual that legal certainty to invest guaranteed and the reformulation of Article 69 paragraph (1) letter H Law No. 32 of 2009 on the Protection and Environmental Management.

우리나라 대기오염 역사, 규제의 변천, 현행 규제제도의 개선방안

All Koreans had suffered heavily from municipal and industrial air pollution problems since 1960`s to 1980`s. However the levels of , CO, and Pb have been dramatically decreased since 1990`s due to various air pollutants` reduction policies under the provisions of the 1978 Environmental Preservation Act and the 1990 Air Quality Preservation Act such as increasing the supply of low-sulfur fuel, the use of cleaner fuel, no use of solid fuel, and so on. Even though the national ambient air quality standard has been strengthened to protect public health and welfare, the levels of , , and frequently exceed the corresponding standards; for example, only 4 stations (1.7%) out of 239 nationwide monitoring stations satisfied the 24-hr based PM10 standard in 2011. Moreover, upto the present time, since there are serious underlying policies of economism and growth-first which can not be solely solved by the environmental laws, it is difficult to root out undesirable social evils such as public indifference, passive academic activities, complacent government bureaucracy, insufficient social responsibility of enterprise, and radical activities of environmental groups. The paper initially reviewed air pollution history of Korea with surveying various environmental factors affecting in/out-door air pollution in the past Korea. Further this study extensively investigated legal and political changes on air pollution control and management for the last 50 years, and then intensively discussed the present environment-related laws and policies unreasonably enforced in Korea. It is necessary to practically revise many outdated legal policies based on health-oriented thinking and on our current economic levels as well.

‘…the sound of a breaking string’: critical environmental law and ontological vulnerability

This is a thought-provoking contribution on the space of ontological vulnerability as the awareness of being existentially exposed. This space, conceptualised as a space of ‘the middle’ (as opposed, emphatically, to ‘the centre’) offers an opportunity to think away from the sterile debate on eco/anthropocentricity and from such limiting hierarchies as animal/human, human/environmental, natural/artificial. This new, vulnerable position of the middle allows the reconfiguration of ecological processes, and more specifically the position of environmental law in relation to them. Environmental law now finds itself amidst a new, moving, ‘open ecology’ of social, biological and ecological processes. This is a new, radical conceptualisation of what the author has called ‘critical environmental law,’ based upon an epistemology of observation and an ontology of being part of this open ecology. Environmental law, in this light, is simultaneously reformulated as an invitation to disciplinary and ontological openness and yet a call to remain immanent within existing legal structures. This finds expression in four critical environmental positions that set the stage for the further elaboration of a critical environmental law.

Toward Building up Good Examples of Remediation of Nitrate Contaminated Groundwater

Groundwater contamination by nitrogen has been a serious problem in the world. Although many measurements such as the enactment of environmentrelated laws, proper application of fertilizers, and proper treatment of animal wastes have been taken, improvement or restoration of environments are not necessarily notable, especially remediation of contaminated groundwater has hardly progressed yet. Establishment of effective in-situ or on-site remediation methods for restoring groundwater environments is urgently needed. Good examples of remediation of nitrate-contaminated groundwater have to be accumulated. Permeable reactive barrier (PRB) is one of the possible in-situ methods to remediate contaminated groundwater by many contaminants including nitrate with relatively low cost of construction and maintenance. There have been only several cases of PRB applied to nitrate-contaminated groundwater in Japan, which could show their possibility. In order to make many good examples of applications, there are several essential conditions such that a method has a clear chemical remediation process and it has to be applied at good field condition such as good permeable aquifers with a proper hydraulic gradient. Dimensions of the structure of PRB are also important, especially a length of the barrier is large enough to treat contaminated groundwater.

Unionization as a strategy in community organization in the context of privatization: the case of conservancy workers in Mumbai

With rapid privatization of solid waste management (SWM) across urban centers in India since the 1990s, the role of the state agencies is considerably diluted. The contract system in this sector is here to stay. This has implications for the large numbers of conservancy workers who are employees of the urban local bodies (ULBs) as well as those who perform the same functions as the ‘standard’ workers, but work on contractual basis. Through amendments in certain labour and environment related laws, SWM has been getting differently organized during the last seven to eight years in India. The labour question in the rapidly privatizing SWM sector in urban areas has several dimensions including that of job security, and conflicts between permanent and contractual workers and other groups who work with waste. All these categories of workers in urban India, whether within the formal or the informal sector, belong to socially and economically marginalized sections of society. Unionization of workers and struggles for their entitlements has been an important strategy. Several years of association with a trade union of conservancy workers in the city of Mumbai has enriched teaching of Community Organization (CO) through classroom-field interface with a focus on social action. This paper attempts to trace, through the lens of the interface between an academic institution (and its curriculum in CO) and a trade union, the struggles and success in assuring secure livelihood and entitlements for thousands of workers. Achievements of the union assume great significance as it gives others the confidence to continue with their own efforts at organizing the unorganized.

Environmental Law and CCS in Europe and the Netherlands; The Implications of Chapter 7 of Directive 2009/31

Carbon Dioxide Capture and Storage (CCS) is increasingly seen as a necessary climate change mitigation option and is therefore steadily rising up the political agenda in Europe and the Netherlands. However, the current legal and administrative position in relation to CCS is at some points unclear and some existing laws and regulations may need to be adjusted for a wide application of CO2 storage projects. This contribution focuses on the environmental regulatory framework. CCS is not just an appealing climate change mitigation option, but can have potentially negative effects for the environment as well. Recent amendments to key international legal regimes - like the London Dumping Convention and the OSPAR treaty - and a proposed European legislative framework on CCS will have significant effects on national environmental law. As the use of CCS is relatively new, the first question of this contribution is to assess which environmental law standards apply and what changes could be envisaged. In light of the proposed European legislative framework and the proposed changes to national environmental law, we will try to look at the future role of environmental law in relation to CCS.

Legal Aspects of Water Pollution in India: A Review on Statutory Frameworks

Water is cradle of life.To protect this precious resource, one needs a stringent enforcement system meant for its conservation, sanitation and supply.Environmental laws are meant to set standards for what people and institutions must do to control or prevent environmental pollution including water.After enactment it becomes the job of the central and state governments to make sure that those who are subject to these environmental protection laws know what they must do to comply.In this case,we have designated central and state institutions called the Central and State Pollution Control Boards respectively. Their primary role is the enforcement of the Environmental Protection Act(EPA) and its constituent statutory frameworks dating back to the Post Stockholm environmental laws such as the water (Prevention and Control of Pollution) Act of 1974.This paper provides an insight into the evolution and development of the legal aspects of water pollution and its environment-related laws in India.It gives an assessment of these environment-related laws in a context of Pre-Stockholm and Post-Stockholm statutory frameworks.The structural arrangements and functioning of the pollution control boards and the persistent challenges that they face in enforcing the laws of the land aimed at environmental protection are vital in understanding environmental management at policy and action levels.This is were citizen participation is vital.

Trends of Environment-related Laws

Trends of Environment-related Laws

International Environmental Law and the United Kingdom

Some environmental issues are purely national in scope. Many others, however, have an international dimension. Thus, to the extent that law has a role to play in dealing with environmental issues, international law as well as national law is required. The aim of this paper to look at the development and implementation of a number of selected areas of international environmental law in relation to the United Kingdom (UK). The UK's international legal obligations are an important factor, although only one of several factors, in shaping the domestic environmental policy and legislation of the UK. At the same time domestic policy considerations also affect the degree to which the UK is prepared to assume international legal obligations and, as we shall see, the assumption of such obligations is almost entirely voluntary. The paper thus has a double focus looking both at the contribution the UK has made and is making to the development of international environmental law and at the impact of international environmental law on domestic environmental policy and law in the UK. The remainder of this introductory section will explain, particularly for the benefit of readers without any knowledge of international law, how international environmental law (a branch of international law) is developed, and then list the areas of international environmental law which have been chosen for examination and explain the reasons for this choice. The rest of this paper will then examine the areas chosen from the point of view of the double focus just referred to.