Environmental Law Research Articles (Page 1)

ABSTRACT Increased animal–human–wildlife interactions elevate the risk of zoonotic spillovers, as seen in Ghana's Marburg outbreak in 2022 and recent events in 2024. Environmental degradation, such as illegal mining and habitat disturbance, exacerbates this risk. This study applied a systems thinking approach, using the Evolutionary Learning Laboratory (ELLab), to identify key interventions for preventing zoonotic spillovers in Ghana. Participatory workshops were held across the Ashanti, Savannah and Western regions to explore the drivers of zoonotic spillovers. In Ashanti, funding limitations, weak law enforcement and socio‐economic pressures were cited. The Savannah Region highlighted population growth, agricultural expansion and habitat destruction, whereas the Western Region identified urbanization and illegal mining as key risks. Leverage points identified include addressing socio‐economic disparities, enforcing environmental laws and promoting sustainable land use. This research offers a framework for mitigating zoonotic spillover risks with implications for public health, environmental management and socio‐economic development in Ghana.

In recent years, public discourse on pesticide impacts has increasingly recognized institutional and structural racism as key drivers of health disparities in Black, Indigenous, and People of Color (BIPOC) communities. While pesticides are vital for crop protection from causing yield losses, extensive research highlights their adverse effects on environmental quality and human health. These impacts disproportionately burden BIPOC populations, making pesticides a major environmental justice (EJ) concern like many other environmental pollutants. Despite progress in understanding these effects and advancing EJ, significant technical, social, and policy gaps remain. The objective of this review is to systematically examine critical gaps in technical, social, and policy dimensions, as well as the environmental and human health impacts of pesticide exposure on BIPOC communities in the United States, through the lens of environmental justice. This review synthesizes 128 sources peer-reviewed articles, books, reports on pesticides, EJ, and BIPOC communities in the U.S. Key findings reveal uneven distribution of pesticide-related health and environmental burdens along racial, ethnic, and socioeconomic lines. Non-Hispanic Blacks and Mexican Americans exhibit higher pesticide biomarkers and greater exposure risks than non-Hispanic Whites. Structural racism and classism, rooted in historical systems, perpetuate these inequities, compounded by regulatory failures and power imbalances. In addition, the EPA has flagged 31 pesticide manufacturing facilities for “Significant Violations” of key environmental laws, including the Clean Air Act, Clean Water Act, and Resource Conservation and Recovery Act. These systemic issues underscore urgent needs for transparency, accountability, and equitable policy reform. An EJ framework exposes critical knowledge gaps and calls for structural changes to ensure equal protection and responsive policies for the most affected communities.

Amid mounting global environmental concerns and advancing ecological rule of law, environmental regulations are increasingly influencing corporate operations and supply chain management, especially in major economies like China. The new Environmental Protection Law has garnered minimal scrutiny about its impact on supply chain resilience. To tackle this deficiency, this study utilizes the new Environmental Protection Law as a quasi-natural experiment and analyzes data from listed companies from the Shanghai and Shenzhen A-share markets, covering the period from 2010 to 2021 and employing a difference-in-differences approach to assess the law's effect on corporate supply chain resilience. Empirical findings demonstrate that the new Environmental Protection Law markedly improves supply chain resilience for non-heavily polluting firms. Enhancements in supply chain efficiency and the decentralization of supply chains are fundamental mechanisms. Subsequent analysis indicates that the extent of augmented supply chain resilience relies on the firm's customer concentration risk and degree of digitalization. This paper enhances the understanding of the relationship and mechanisms between the new Environmental Protection Law and supply chain resilience, offering policy recommendations for the enhancement of the environmental regulatory framework.

Abstract Despite Germany’s progressive constitutional and statutory commitments to animal protection, the effective enforcement of animal welfare norms remains limited by persistent structural deficits. This Article examines the legal and institutional barriers impeding judicial enforcement, with particular attention to restrictive standing doctrines—most notably the protective norm theory—and systemic disincentives within administrative practice. Drawing on comparative insights from environmental law, including association standing and rights of nature frameworks, the Article explores procedural innovations and institutional reforms that may enhance access to justice in the field of animal protection. It further assesses the potential of strategic litigation to expose systemic failures. Strategic litigation may prompt legal and political change, particularly where normative commitments remain unmet. The Article concludes by outlining reform pathways and situating the German experience within broader debates on access to justice and the evolving role of courts in advancing the legal protection of nonhuman interests.

Abstract This article explores a continuum of environmental participation, from formalized participation in decision-making processes, protected by law, at one end, to protest on the streets, criminalized by law, at the other. Participation across this continuum is partially constituted, but also constrained, by law. We share and extend Brian Wynne’s evocative language of ‘uninvited’ participation to describe the contributions that fall outside institutionalized participation, so that our continuum is composed of ‘invited participation’, ‘uninvited participation’, and ‘forbidden participation’. Focusing especially on those states where liberal democracy is thought to be most secure, this article looks across the interconnections between different categories of environmental participation, highlighting the breadth and intensity of the shrinking of civic space in Europe, and the role of law in that.

Environmental crimes not only damage ecosystems but also violate human rights (HAM), especially the right to a healthy environment. This article highlights how criminal law can be a tool for protecting human rights in the context of the climate crisis. Using a normative legal approach and case studies, this article discusses the effectiveness of criminal law in protecting the rights of communities, including indigenous peoples and future generations, from the impacts of environmental crimes. It is found that even though environmental criminal law is available, human rights protection through this mechanism is still weak due to an approach that emphasizes ecological losses rather than aspects of individual and collective rights. An approach is needed that places environmental rights as part of fundamental human rights. The policy of formulating criminal law in Indonesia to protect victims of environmental crimes in the future is to improve criminal sanctions and add sanctions such as restitution and compensation as part of the main crime. This is important to provide better protection to victims, especially in cases of environmental crimes by corporations. The addition of restitution and compensation sanctions is also regulated in environmental law, including the mechanisms and amounts of compensation. This concept must be regulated in implementing regulations to avoid uncertainty and harm to victims in implementation in the field.

The development of artificial intelligence (AI) technology has brought extraordinary benefits to various sectors of human life. However, behind its potential, AI also carries serious risks to digital security and the environment. Misuse of AI, including manipulation of emission data, the spread of environmental disinformation, and the use of autonomous AI to hide illegal industrial activities, creates new challenges for criminal law and environmental law. This study uses a normative and conceptual legal approach to examine forms of the misuse of AI and their implications for the global environmental law system. The results show that Indonesia does not yet have adequate regulations. Therefore, it is necessary to establish a new legal framework that is interdisciplinary, responsive to technological developments, and pays attention to the precautionary principle in international environmental law.

This study aims to analyze the relationship between decentralization and the ineffectiveness of environmental law enforcement in the case of Citarum River pollution. Although a national legal framework exists, implementation at the local level reveals weak institutional capacity, poor inter-agency coordination, and low accountability of local governments. This research employs a qualitative approach using a case study method in the Citarum River Basin. The findings indicate that decentralization has not fully strengthened environmental law enforcement due to weak political will, the dominance of economic interests, and limited public participation. The study recommends strengthening local governance through policy reform, institutional capacity building, and greater public involvement in environmental oversight.

Managing cumulative pressures on socio-ecological systems presents as one of the foremost policy challenges of our time. Climate change, invasive species, development and pollution all have the potential to individually, and collectively, degrade the earth's natural and cultural resources. International environmental law, a crucial element of global environmental governance, has a role to play in prompting and coordinating a response to cumulative effects. Hitherto, however, international approaches have been fragmented and unfocused, further complicating the already challenging application of Cumulative Effects Assessment (CEA) at the local level. This article examines how the two primary protected area treaties-the World Heritage Convention and the Ramsar Convention on Wetlands-have evolved to address the concepts of CEA and cumulative effects. It uncovers instances of ambiguity and fragmentation in treaty guidance material and concludes with a suggestion for further empirical research into how CEA could (or should) apply in the context of internationally protected areas.

This paper considers the WTO Agreement on Fisheries Subsidies as an important step in the crossing of sustainable trade and ocean governance. The analysis is made of the legal, economic, and environmental impacts of the agreement in terms of its provision in reducing destructive subsidies causing overfishing and depletion of marine life. Utilizing doctrinal analysis of the terms of the agreement and review of applicable WTO principles found in international environmental law, this paper answers the question of whether the agreement is an opportunity to harmonize trade regulation with wider sustainability goals, including SDG 14. The study also imagines the logistical difficulties of implementation and enforcement, especially for developing and least developed countries, with admitting the capacity shortcomings and compliance problems inherent to this obligation. From the analysis, this study finds that despite the agreement’s unprecedented change towards trade governance through its binding provisions on the environment, the actualized outcome will lie in domestic implementation multiplicity, ventured negotiations of the remaining categories of subsidies, and cooperative mechanisms for the provision of technical assistance. The study concludes that the WTO Agreement on Fisheries Subsidies is also a first step to address the conflicting policies of trade liberalization and marine conservation and resource distribution.

Nickel mining in Raja Ampat, Southwest Papua, Indonesia, has attracted national and international attention due to its threats to biodiversity, indigenous peoples’ rights, and vulnerable ecosystems. This paper normatively analyzes the role of environmental law within the Sustainable Development Goals (SDGs) framework to examine the legal complexities of nickel mining activities in Raja Ampat. Using legislative, conceptual, and comparative approaches, this study examines Indonesian environmental and mining laws, local regulations, and global commitments under the SDGs. The findings show that although Indonesia has a comprehensive legal framework (Law No. 32/2009 on Environmental Protection and Management and Law No. 3/2020 on Mineral and Coal Mining), there are significant normative gaps in implementation, harmonization, and enforcement, particularly regarding the protection of indigenous peoples and unique ecosystems such as Raja Ampat. The urgency of legal reform and strengthening legal recognition is very important so that economic development through mining does not sacrifice Indonesia’s commitment to the SDGs, especially Goals 13 (Addressing Climate Change), 14 (Marine Ecosystems), and 15 (Terrestrial Ecosystems). This paper recommends harmonization of national and regional laws, strengthening of indigenous peoples’ rights, and integration of environmental protection to realize truly sustainable resource management in Raja Ampat.

ABSTRACT In Brazil, dealing with environmental disasters has been seen as a controversial issue. Disasters in Brazil have dominated environmental discussions, such as the cases that occurred in Petrópolis, Rio de Janeiro, since 2005 and still shocked Brazil in 2024. This has also had an impact on the environmental, socioeconomic, and political spheres. In that year, the city of Petrópolis, in the state of Rio de Janeiro, once again received a high volume of water due to heavy rains that generated flooding and subsequent landslides, causing environmental disasters that left people homeless and killed. This study aims to analyze the limitations of the Brazilian state as a regulator of public policies related to the environment and the relevant doctrinal and jurisprudential aspects. To this end, a court case will be used to illustrate the study, referring to the disaster that occurred in the Petrópolis region of Rio de Janeiro. This will translate theory into practice, highlighting a specific case currently pending in court, such as Public Civil Action No. 0009683-76.2013.8.19.0042, which is the proposed case. The case intersects with environmental law, human rights, urban planning law, disaster law, and other areas that will be addressed in this study. The need for public policies on this topic, grounded in protective legislation, is evident, not only regarding the affected risk areas but also regarding human beings. Thus, it is concluded that heavy rains are not the sole cause of this catastrophic event, necessitating a review of public policy management.Keywords: Law; Environmental; Disaster; Public Policies, Regulation. Keywords: Right; Environmental; Disaster; Public Policies, Regulation.

In optimizing the role of government in enforcing environmental law, seen from the perspective of State Administrative Law, requires comprehensive efforts. The main challenges include limited resources, lack of coordination between institutions, and inconsistent policy implementation. Solutions include increasing environmental awareness, strengthening social supervision, and utilizing information technology to support environmental law enforcement. This study aims to explain that the government needs to have a competent and independent supervisory unit to oversee the implementation of environmental regulations. This supervision can be done through routine inspections, online monitoring, and receiving reports from the public. The research used a descriptive normative method with primary and secondary data sources. The ultimate goal is for the role of government and society to play an important role in enforcing environmental law. Community participation can be in the form of social supervision, reporting violations, and support for law enforcement efforts. The government needs to increase public awareness of the importance of environmental protection and the importance of compliance with environmental laws. This socialization can be done through various media, including social media, as well as schools and community activities.

This study discusses the problem of environmental law violations caused by illegal exploitation of fossil energy resources, which is still a major challenge in Indonesia. One potential alternative approach is the development of new renewable energy from the nyamplung plant (Calophyllum inophyllum), which naturally grows on marginal and coastal lands. This study aims to answer three main problem formulations: (1) Why is nyamplung fruit worthy of being used as a substitute for fossil fuels? (2) How is nyamplung relevant in reducing environmental law violations? (3) How to examine and facilitate the phenomenon of nyamplung growth as an innovative solution in the context of environmental law? The objectives of this study are to evaluate the efficiency of biodiesel production from nyamplung, examine its contribution to the environmental law system, and propose community-based intervention policies. The method used is library research and descriptive-qualitative analysis with an ecological legal approach. Data were obtained from international journals, national policies such as Law No. 32 of 2009 and Presidential Regulation No. 22 of 2017, and reports on research results on transesterification-based biodiesel technology using heterogeneous catalysts. The results show that nyamplung oil has a high oil content (65–75%) and can be processed into high-quality biodiesel that meets ASTM D6751 and EN 14214 standards. The production process that utilizes modern technology, such as microwave heating, can produce conversion efficiency of up to 98–99%. The use of nyamplung in the community has also been proven to be able to suppress environmental law violations by providing legal and sustainable energy pathways. The conclusion of this study is that nyamplung is a strategic alternative to replace fossil fuels that is not only superior in terms of technical and environmental aspects, but also has a strong driving force in enforcing environmental law based on ecological justice. Therefore, synergy is needed between the state, local communities, and the private sector in strengthening local plant-based energy policies such as nyamplung.

This study aims to comprehensively analyze the urgency and integration model of Pancasila values in the concept of green constitution and environmental law in order to realize a sustainable and just green economy in Indonesia. In the midst of a global and national environmental crisis that threatens sustainable development and human values, a firm legal foundation is needed and rooted in the nation’s philosophy. The research method used is normative juridical with a special emphasis on philosophical analysis to explore the relevance of Pancasila values, supported by legislative and conceptual approaches. The results of the analysis show that the 1945 Constitution, especially Article 28H paragraph (1) and Article 33 paragraph (3) & (4), has the potential as a green constitution with the spirit of Pancasila, which mandates environmental protection and natural resource management for the greatest possible prosperity of the people in a sustainable and environmentally friendly manner. The implementation of the principles of sustainability in Law No. 32 of 2009 concerning Environmental Protection and Management (PPLH Law) and other sectoral regulations needs to be strengthened and harmonized to overcome the potential for disharmony with regulations that are still exploitatively oriented. Furthermore, environmental law based on the green constitution and Pancasila values plays a central role in ensuring that the realization of the green economy runs in line with the principles of environmental justice, including distributive justice, procedural, and intergenerational and intragenerational justice. This study concludes that the internalization of Pancasila values—godliness, humanity, unity, peoplehood, and social justice—in every aspect of environmental law and policy is a prerequisite for achieving green development that is not only ecologically and economically effective, but also just, inclusive, and reflects the identity of the Indonesian nation.

Climate change significantly affects biodiversity worldwide, demanding the development of an adaptive and effective environmental legal framework. This study employs a bibliometric approach to map the development of research on integrating environmental law into biodiversity management, with a focus on ecosystem-based adaptation and mitigation strategies. A literature analysis of the Scopus database from 2010 to 2025 identifies research trends, key actors, collaboration networks, and emerging issues. The results show a significant increase in attention to climate adaptation laws and ecosystem-based mitigation in the context of biodiversity conservation, including the development of sampling trees to improve the quality of the environment. This study reveals research gaps related to implementing adaptive law at the national and regional levels and the need to harmonize regulations across sectors. These findings make an essential contribution to developing environmental law policies that are responsive to the challenges of climate change and the sustainable preservation of biodiversity, as well as nyamplung trees that can be designed to improve the welfare of the people, and these bangs.

The enforcement of criminal law in Indonesia’s environmental and plantation sectors often fails to uphold the principle of substantive justice. Despite existing legal frameworks that regulate environmental protection and community rights, implementation faces significant challenges, such as weak sanctions for corporate offenders, conflicts of interest, and injustices toward indigenous communities. This paper analyzes the application of substantive justice in environmental criminal law enforcement through a normative and sociological legal approach, supported by case studies such as forest fires and indigenous land encroachment. The findings emphasize the need for regulatory reform, institutional strengthening, recognition of indigenous rights, and active participation of civil society in legal oversight. Policy recommendations include legal harmonization, restorative-based sanctions, and preventive approaches to achieve sustainable ecological justice.

Environmental law currently faces 3 challenges of the climate crisis that occurs globally which have an impact on climate change, pollution, and biodiversity loss. Environmental changes certainly have an impact on the sustainability of the life of a population of living beings, so a breakthrough is needed, one of which is from the law through a certain policy. The current law seems to be a tool to be used in perpetuating the crisis through the excessive exploitation of natural resources. This research aims to examine breakthroughs in rethinking the function of law. Legal regime that will be formed both at the national and international levels in dealing with environmental crises. This research uses normative legal research with a cognitive approach, where the research approach starts from the views and doctrines that develop in legal science. Understanding these views and doctrines is a basis for researchers to build a legal argument in solving the issues at hand. This research also uses a legislative approach that is carried out by examining all laws and regulations related to the legal issues being handled. The result of this research is the concept of sustainability in environmental issues that must be encouraged more progressively by making rules about the environment. The practice of customary law communities that recognize ecological integrity can be further improved not only at the national level but also at the global level.

The convergence of environmental law and human rights is based on the understanding that a healthy environment is a fundamental prerequisite for the fulfillment of human rights. This research aims to analyze the extent to which the convergence of environmental law and human rights can realize inclusive justice and how inclusive justice can support community empowerment. This study uses an analytical descriptive research method by collecting data and analyzing the relationship between environmental law and human rights to realize inclusive development through community empowerment programs. This research uses a legislative approach and a comparison of environmental law and human rights with the aim of achieving inclusive justice for all Indonesian people. The result of this research is that to realize equitable inclusive development, the participation of the government and the community is needed for community empowerment through the improvement of the green economy, health insurance, and education. The author hopes that the results of this research can contribute to the sustainable development of an inclusive development perspective through community empowerment programs.

The principle of legality in the context of the environment emphasizes that no environmental crime can be punished if it is not regulated in the applicable laws and regulations. This principle provides legal certainty for perpetrators of environmental crimes and provides clear boundaries regarding actions that are permitted and prohibited. The criminal provisions in Law No. 32 of 2009 explicitly regulate and limit an act that is categorized as an environmental crime. These provisions are the implementation of the principle of legality that is applied strictly. Law enforcement is necessary to create order in society. According to Mertokusumo, law enforcement means how the law must be implemented so that in enforcing the law, the elements of legal certainty, benefit, and justice must be considered. Criminal environmental law enforcement is based on the principle of legality, both in material and formal aspects. Criminal environmental law enforcement activities are only valid if the material substance is based on environmental articles, most of which are scattered outside the Criminal Code, and enforcement activities are carried out in accordance with Law No. 8 of 1981 concerning Criminal Procedure Law and guided by the Decree of the Minister of Justice of the Republic of Indonesia No. M.01.PW.07.03 of 1982 concerning Guidelines for the Implementation of the Criminal Procedure Code. This scientific research used the normative legal research method based on written regulations and other literature that examines aspects of theory, structure, and legal explanations related to this research. It adopted a statutory approach and data were collected using a literature study. Criminal provisions in Law No. 32 of 2009 explicitly regulate and limit an act that is categorized as an environmental crime. These provisions are the implementation of the principle of legality that is strictly applied. Outside of these provisions, it is not a crime. Although the impacts caused can damage, pollute, or cause harm to the environment. This condition is very susceptible to being misinterpreted and becomes a legal loophole for perpetrators to avoid the criminal law enforcement process. Therefore, it is necessary to know the essence of the principle of legality in Indonesian criminal law and its application to the enforcement of environmental criminal law.