Environmental Law Research Research Articles

Development of Sharia and Legal Studies in Australia

The study of Islamic law in Australian law schools shows positive developments. From 1997 when the first course on Islamic law was taught in at Charles Darwin University in the Northern Territory, there are now up to ten Universities that provide courses in Islamic law. This is due to several reasons, namely: 1) global and national events that require new perspectives in university culture, especially law schools; 2) law schools have the responsibility to break ties and create culturally literate citizens to maintain a harmonious multicultural society; 3) economic, political, security, tourism, education and other interests with Muslim Southeast Asian countries including Indonesia; 4) the study of Islamic Law is very important for the legal profession, especially for lawyers who will practice in areas with a significant Muslim population, or the field of international trade involving Muslim countries and; 5) Disputes involving family relations, social security rights, discrimination and immigration issues also require references to Islamic law. Harmonization of Sharia and Legal Studies in learning at the law faculty is provided by, among others: 1) the study of Islamic law becomes a component in a general comparative law course where certain features of Islamic law are highlighted for comparison with other legal models; 2) a course that combines the thematics of Islamic law with other topics, such as Law and Religion courses, or courses that focus on Islamic countries or regions, such as Law and Society in Southeast Asia, Middle East Legal Institutions, and Commercial Law. from Asia; 3) components of Islamic law are integrated into some, or all, of the legal courses taught so that the Islamic perspective becomes an inclusive part of legal education within the institution and; 4) Islamic law courses stand alone as elective courses at the Faculty of Law.

Re-Islamization of Land Law in Global Context: An Approach to Fight Ecological Scarcity

Penelitian ini berangkat dari keprihatinan tentang krisis lingkungan yang meliputi deforestasi, perubahan penggunaan lahan, hilangnya habitat, perampasan tanah, pencemaran air, dan degradasi tanah yang kita hadapi. Sementara itu, urgensi respon Islam untuk melawan kondisi tersebut seharusnya lebih dari tindakan sederhana seperti ceramah agama, khutbah Jumat, atau fatwa hijau bagi sekitar 1,9 miliar komunitas Muslim di seluruh dunia. Oleh karena itu, penelitian ini bertujuan untuk menganalisis secara kritis kontribusi syariah saat ini untuk meningkatkan perlindungan lingkungan melalui re-islamisasi hukum hutan dan tanah secara modern, pada akhirnya, untuk mencegah pengembangan dan pemanfaatan sumber daya tanah dan hutan agar tidak terus jatuh ke dalam lingkaran setan. dari masa lalu. Sebagai penelitian hukum lingkungan Islam, penelitian ini menggunakan pendekatan multidisiplin, meliputi pendekatan historis, pendekatan empiris, dan pendekatan konseptual; itu juga menggunakan metode tinjauan literatur untuk mensintesis temuan penelitian. Tulisan ini menemukan bahwa re-islamisasi hukum hutan dan tanah dapat menjadi perdebatan yang berkelanjutan karena perbedaan karakteristik hukum nasional dan lokal yang juga bergantung pada posisi syariah jika menjadi wacana tegas. Apalagi, mengakomodasi Syariah sebagai bagian integral dari hukum negara menunjukkan keunikan dan fleksibilitas doktrin Islam dan penegasan optimisme umat Islam terhadap iman mereka tentu saja merupakan kontribusi nyata untuk terlibat dalam gerakan hak ekologis. Di sisi lain, mengingat re-islamisasi hukum hutan dan tanah merupakan sumber alternatif untuk menegakkan perilaku ekologis masyarakat muslim agar lebih pro lingkungan.

The Theory of Worldviews from an Environmental Law Perspective

It emerges from this article that the concept of worldviews has the potency of different applications for environmental law scholars. Firstly, it can serve as an excellent theoretical framework for environmental law research. Secondly, environmental law can be further improved. Thirdly, the concept draws attention to the importance of inner/subjective factors of environmental policy and legislation. Fourthly, the concept supports the importance of an authentic deep transformation in our societies, and the promotion of an integrative worldview in order to help this transformational process. Finally, while an integrative worldview is strengthened, basic human rights shall be respected.

The Legal System and Legal Issues of Marine Environmental Governance in the Age of Big Data

Wang, J., 2020. The legal system and legal issues of marine environmental governance in the age of big data. In: Guido Aldana, P.A. and Kantamaneni, K. (eds.), Advances in Water Resources, Coastal Management, and Marine Science Technology. Journal of Coastal Research, Special Issue No. 104, pp. 313–316. Coconut Creek (Florida), ISSN 0749-0208.China's marine environmental laws and regulations have mainly shown the characteristics of high principle and low rules for a long period of time, thus causing them not to play their full role in dealing with environmental problems. The application of relevant information under big data is of great significance for the active completion of the country's environmental governance objectives, and also helps to establish and improve the system of national and local interactive and cooperative environmental laws and regulations, realize the basic concepts and basic principles of environmental law rule design, at the same time, in the construction and improvement of the basic system of environmental law plays an important role. In the era of big data, the model of Chinese environmental law research sample method is in a co-existence state. In addition, the main reason for the successful application of big data in the study of environmental law in China is that many scholars in China have a clear understanding of the research on the relevance of big data and environmental law in China, and have clear principles and basic requirements for the application of big data programs in the study of environmental law in China.

Impacts of COVID-19 Pandemic on Environmental Law Research in Africa (Presentation Slides - A paper presented at at the Dundee Africa Research Network (DARN) Talk, 23 December 2020)

This presentation focuses on the impact of COVID-19 on the environment and environmental law research in Africa.

Research Note: Reflections on Methods from an Interdisciplinary Research Project in Global Environmental Law

AbstractThis research note reflects on the methods (as distinct from methodology) used in a five-year interdisciplinary and multi-site research project in global environmental law, and their links to questions of research ethics. We highlight the iterative processes that proved necessary to compare five case studies on local communities engaged in varied discussions on fair and equitable benefit sharing in different regions of the world and their implications for international environmental law. The note recommends explicit reflection on research methods and ethics to acknowledge and address power relationships in global environmental law research.

Study on environmental legal systems of different regions in China and impact on energetic cooperation

Based on the present situation of China’s environmental law system under the rapid economic development, this paper expounds the significance of regional environmental law research. Through the comparison of regional environment and legal system between China and the United States, this paper analyzes the impact of domestic environmental legal system on energy cooperation under the background of Belt and Road Initiative.

Methodological Challenges of Transnational Environmental Law

This working paper will discuss the growing need for law students and researchers to develop, and to keep honing, specific skills to understand complex and increasingly frequent transnational phenomena in environmental law. The paper will then focus on three inter-related methodological challenges: comparison, empirics, and interdisciplinarity. These considerations will lead to a reflection on the nature of collaboration and research ethics, as well as on common constraints arising from research funding opportunities. In exploring these challenges, the paper builds upon the methodological insights from a 5-year collaborative and comparative research project on the legal concept of fair and equitable benefit-sharing (BENELEX) at different regulatory and geographical sites. The BENELEX project provided a practical understanding of the need for reflexivity and accountability for researchers interested in transnational environmental law phenomena, as well as an opportunity to collaboratively develop a transnational environmental law research project and carry it out through embedded peer-learning and supportive peer-review.

Reflections on Methods from an Interdisciplinary Research Project in Global Environmental Law

This research note reflects on the methods (as distinct from methodology) of a 5-year interdisciplinary and multi-site research project in global environmental law and their links to questions of research ethics. We highlight the iterative processes that proved necessary to compare five case studies on local communities engaged in varied discussions on fair and equitable benefit-sharing in different regions of the world and their implications for international environmental law. The note advocates for an explicit reflection on research methods and ethics to acknowledge and address power relationships in global environmental law research.

Globalization, Environment and Sustainable Development, in Global, European and Italian Perspectives

The paper focuses on the relationships between sustainable development and globalisation. In particular, after providing a definition of sustainable development, it shows that the duty of protection of future generations is not related merely to this concept, but to environmental law as a whole. As a consequence, solidarity of present generations vis-a-vis future ones represents a common theoretical substratum to both sustainable development and environmental law. Drawing upon ethics and environmental law research, the paper argues that sustainable development can be seen as a counterpart to globalisation, mitigating its effects and the biggest gap in the globalisation process, which is its lack of attention to human beings.

Comparison of environmental laws publications in Science Citation Index Expanded and Social Science Index: a bibliometric analysis

This study presents an analysis of environmental law research in the natural science and social science fields from a bibliometric perspective. Document type, publication language, annual output, and distributions of countries were quantitatively characterized and compared in the Science Citation Index Expanded (SCI-EXPANDED) and the Social Science Index (SSCI). The citation history of highly cited articles and word analysis were used to examine research tendencies and "hotspots" in environmental law research. The results show that from 1992 to 2014 SCI-EXPANDED has published more research in environmental laws than SSCI except in 2011. The USA is the most productive country in both databases. Developing countries such as China, India, and Brazil are among the top 10 productive countries in SCI-EXPANDED, while in that of SSCI, China is the only developing country. The USA had the most frequent collaborations with other countries both in SCI-EXPANDED and SSCI; collaborations were more frequent in SSCI than in the SCI-EXPANDED. Words analysis reveals that "sustainability", "compliance", and "environmental management" are key issues in SSCI, while articles in SCI-EXPANDED pay more attention to "risk assessment", "recycling", "wastewater treatment", and "temperature". "China" is a key issue in research in both natural science and social science field, which indicates the rapid development of environmental law research in China as well as the growing concerns of China's environmental law issues.

China’s Environmental Governance and Law Development Review Based on Co-Word Analysis

The research and development situation of environmental governance in the past thirty years may be intuitively acquired with the co-word analysis in the interdisciplinary environmental law. This paper analyzes the research focus and transformation situation of China’s environment governance and law by searching related papers with the subject words “environmental law” in Chinese Journal Full-text Database. The co-word analysis results show environmental law research showed five main knowledge focuses, such as international environmental law, sustainable development, environmental right, participation, and environment conservation. And according to the co-word analysis, environmental law research may be divided into four stages: foundation, prosperity, from theory to practice transformation, and challenge stage of environmental law response to new environment problems. By analysis of the research focus, we can know China’s researchers in the environmental governance policy or law should strengthen the scientific, pertinence and prospective characteristics of environmental law research, make interdisciplinary and comprehensive study combined with China long-term science and technology development.

Mapping, Modeling, and the Fragmentation of Environmental Law

In the past forty years, environmental researchers have achieved major advances in electronic mapping and spatially explicit, computer-based simulation modeling. Those advances have turned quantitative spatial analysis — that is, quantitative analysis of data coded to specific geographic locations — into one of the primary modes of environmental research. Researchers now routinely use spatial analysis to explore environmental trends, diagnose problems, discover causal relationships, predict possible futures, and test policy options. At a more fundamental level, these technologies and an associated field of theory are transforming how researchers conceptualize environmental systems.Advances in spatial analysis have had modest impacts upon the practice of environmental law, little impact on environmental law’s structure or theory, and minimal impact on environmental law research. However, the potential legal implications of these advances are profound. By focusing on several of environmental law’s traditional core debates, and by using urban development as a central example, this Article explores those implications. It shows that spatial analysis can change the problems environmental law addresses, the regulatory instruments environmental law uses, the entities law empowers to address those problems, and the methodologies of environmental law research.

Mapping, Modeling, and the Fragmentation of Environmental Law

In the past forty years, environmental researchers have achieved major advances in electronic mapping and spatially explicit, computerbased simulation modeling. Those advances have turned quantitative spatial analysis—that is, quantitative analysis of data coded to specific geographic locations—into one of the primary modes of environmental research. Researchers now routinely use spatial analysis to explore environmental trends, diagnose problems, discover causal relationships, predict possible futures, and test policy options. At a more fundamental level, these technologies and an associated field of theory are transforming how researchers conceptualize environmental systems. Advances in spatial analysis have had modest impacts upon the practice of environmental law, little impact on environmental law’s structure or theory, and minimal impact on environmental law research. However, the potential legal implications of these advances are profound. By focusing on several of environmental law’s traditional core debates and by using urban development as a central example, this Article explores those implications. It shows that spatial analysis can change the problems environmental law addresses, the regulatory instruments environmental law uses, the entities law empowers to address those problems, and the methodologies of environmental law research.

Biodiversity Conservation, Law and Livelihoods: Bridging the North–South Divide – IUCN Academy of Environmental Law Research Studies – Edited by M. Jeffery, J. Firestone and K. Bubna‐Litic

Biodiversity Conservation, Law and Livelihoods: Bridging the North–South Divide – IUCN Academy of Environmental Law Research Studies – Edited by M. Jeffery, J. Firestone and K. Bubna‐Litic

Law and Political Economy of Water User Associations

Paper prepared for the workshop entitled ‘Water, Law and the Commons’ organised in Delhi from 8 to 10 December 2006 by the International Environmental Law Research Centre (IELRC) in the context of the research partnership 2006-2009 on water law sponsored by the Swiss National Science Foundation (SNF)

The Nordic Environmental Law Network (NELN)

The Nordic Environmental Law Network (NELN) was formally established in 2003 as a network funded by the former Nordic Research Academy – now the Nordic Research Board (NordForsk). However, Nordic co-operation within environmental law research and research training has existed for a number of years. Since 1992 a group of environmental lawyers have organized annual research training courses or seminars for the benefit of in particular Ph.d. students and young researchers within environmental law. These courses and seminars were also generously funded by the former Nordic Research Academy – now NordForsk. The primary purpose of NELN is to enhance and develop Nordic environmental law research and research training through a variety of network activities. Nordic environmental law researchers are – as in many other countries – often spread among several universities and institutions. The network activities thus serve the purpose of promoting contacts and exchange of experience among environmental law researchers and others dealing with environmental law issues. Previous network activities have led to co-operation in the form of research projects and book projects involving also researchers outside the Nordic countries.

Cross-Border Litigation: Environmental Rights in the Great Lakes Ecosystem. By Paul R. Muldoon, with David A. Scriven and James M. Olson. A project of the Canadian Environmental Law Research Foundation. Toronto, Calgary, Vancouver: Carswell, 1986 Pp. xxxv, 410. C $75.00 (hardcover).

Cross-Border Litigation: Environmental Rights in the Great Lakes Ecosystem. By Paul R. Muldoon, with David A. Scriven and James M. Olson. A project of the Canadian Environmental Law Research Foundation. Toronto, Calgary, Vancouver: Carswell, 1986 Pp. xxxv, 410. C $75.00 (hardcover). - Volume 15 Issue 3-4