Principles Of Environmental Law Research Articles

Constitutional principles of environmental law in Romania: enshrinement in the Constitution and jurisprudence of the Constitutional Court

The consolidation of the right to a healthy environment as one of the fundamental human rights can be seen as a result of the enshrinement in the Constitution of Romania since its revision in 2003, as well as the interpretations offered by The Constitutional Court in its pertinent jurisprudence. The present study aims to review previous research results in the field of legal doctrine and case law pertaining to environmental law in Romania, as well as to continue the examination of the most relevant cases contributing to the consolidation of constitutional dimensions of the right to a healthy and ecologically balanced environment.

The Application of the Environment Act 2021 Principles to Carbon Capture and Storage

Carbon Capture and Storage (CCS) is a new technology considered to have the potential to decarbonise economies. However, nationally and internationally the use of CCS has also been raising concerns about its potential global risks and adverse impacts on the environment. CCS was part of the discussions at the fourth United Nations Environment Assembly (UNEA) in March 2019 and in side-events in the 26th UN Climate Change Conference that took place in Glasgow in November 2021. The UK Government aims to deploy CCS at scale during the 2030s, subject to cost reduction. At the same time, the UK Government has recently enacted the Environment Act 2021, which provides a set of five environmental principles: the integration principle, the principle of preventative action, the precautionary principle, the rectification at source principle and the polluter pays principle. This work seeks to analyse the application of the UK environmental law principles to carbon capture and storage policies in the United Kingdom and its balance with other considerations. Given the concerns surrounding the use of CCS, the debate about its legality may arise in the United Kingdom and in other countries. To this end, this paper initially carries out a systematic review of CCS policy documents to discover the policy considerations that support the development of CCS. It then examines the application of the UK environmental law principles to CCS initiatives and its balance with other considerations, such as reduction of carbon emissions, security of energy supply, economic growth and technological leadership. In doing so, this paper aims at contributing to the debate surrounding recent technological developments that have been utilised to help address climate change and some of the legal challenges emerging through the use of CCS under UK environmental law.

Customary Norms, General Principles of International Environmental Law, and Assisted Migration as a Tool for Biodiversity Adaptation to Climate Change

Assisted migration (AM) is a translocation of the representatives of species to areas outside their natural habitats as a response to climate change. This article seeks to identify how customary norms and general principles of international environmental law could guide the development of regulation of AM maximizing the benefits of using AM and minimizing AM-related risks. Among the customary norms and principles of international environmental law discussed in the article and relevant to the regulation of AM are the permanent sovereignty over natural resources, the principle of cooperation, the no-harm rule, the precautionary principle, the principles of prevention, due diligence, and obligation to conduct environmental impact assessment (EIA), the principles of integration and intergenerational equity, common but differentiated responsibilities, and the polluter pays principle, the principles of non-regression, progression, resilience, in dubio pro natura, the principle of ecological proportionality, and the principle of access to information, public participation, and access to justice in environmental matters (principle of good governance, environmental democracy).

International Legal Protection of the Atmosphere and Ozone Layer: the Continuation of the History

The article examines the evolution of international legal regulation of atmospheric air from transboundary pollution over long distances both in connection with the formation of international judicial practice and a series of protocols that developed the 1979 Convention, specifying its content. On the one hand, we are talking about the search for criteria for fulfilling obligations through the concept of “critical load”. On the other hand, it is about clarifying substances and processes for which special regulation is introduced to increase the likelihood of preventing pollution.The protection of the atmosphere is also relevant to the protection of the ozone layer, provided not only through the fulfillment of obligations under the 1985 Convention, but mainly through the Montreal Protocol of 1987, which is achieved not only by more specific obligations, but also by a compliance procedure. If initially, within the framework of the international legal protection of atmospheric air and the protection of the ozone layer, the principles of international environmental law were only declared, then with the adoption of the protocols they received confirmation of their implementation. Strengthening such important principles such as no harm outside national jurisdiction, precaution, common but differentiated responsibility

The right to a healthy environment: Reconceptualizing human rights in the face of climate change

AbstractThere is hardly any doubt that climate change threatens the enjoyment of a wide range of human rights. Yet, in the absence of a distinct right to a healthy environment, a victim of climate change impacts would have to rely on existing rights to bring a claim. However, not only are these avenues not always successful or even sufficient to effectively and adequately compensate the victims, but they appear especially problematic in the context of climate change. This article explores the implications of the recognition of a stand‐alone substantive right to a healthy environment in the context of climate change. In doing so, it argues that such a recognition could trigger a paradigm shift that would facilitate the reconceptualization of human rights law to better adapt to the negative impacts of climate change, in particular by incorporating key environmental law principles in the human rights system.

Analysis of the Coordination Relationship between the Green Principle of Civil Law and Environmental Law in Environmental Pollution and Ecological Destruction.

Under the dual influence of environmental pollution and ecological damage, the green principles of civil law and environmental law can be better coordinated and developed. In the past, environmental pollution and ecological damage in the author's country were very serious. Hence, they designed and experimented with data extraction technology and environmental big data sets. A distribution model investigates it. Experiments show the following: (1) The system is developed from big data and can fully reflect the ecological environment of all parts of the country. Finally, it is concluded that the author's country's environmental pollution and ecological damage are very serious. (2) According to the experimental data of the figures and tables, it is concluded that the cooperation and coordination relationship between the green principles of civil law and environmental law not only has a protective effect on the ecological environment but also increases the economy of society and people. With the continuous updating and coordination of environmental laws and green prototypes, the author's country's environmental pollutants are significantly declining. The author believes that in the future, the country's ecological environment will become better, and the green principles of civil law will be more closely related to environmental law. The country's environmental pollution and people's lives are becoming more closely related. To better solve environmental problems, we have introduced the green principles of civil law and environmental law. It makes people's quality of life and the economy better. The main significance of the study is to use the method with the least damage to the environment to obtain the maximum economic benefit to achieve long-term sustainable development.

Bangladesh-India water sharing cooperation: An analysis from the perspective of the International Environmental Law Principles

Bangladesh and India have signed bilateral agreements and took several initiatives on transboundary water cooperation. Environmental critics have for many years questioned the overall management of water cooperation efforts between these two countries, considering especially water pollution and degradation. However, it is not clear the extent to which these countries comply with international environmental law principles in creating and implementing water sharing agreements. This article, therefore, aims to assess the issues of compliance with the ‘no harm’ principle, the ‘precautionary’ principle and the ‘polluter pays’ principle, all of which assist the states to achieve sustainable development and are purportedly applicable to water sharing management agreements between Bangladesh and India. This article mainly focuses on the management of water sharing of the Ganges, the Teesta and the proposed Tipaimukh dam projects through a consideration of existing studies on transboundary water cooperation between Bangladesh and India.

Land tenure legislation and soil security concerns in Cameroon

This chapter explores the interface between land tenure rights and soil security and screens through the Cameroonian land tenure legislation in order to identify relevant provisions that guarantee soil security. The chapter builds on key tenure right theories and environmental law principles that underpin soil security within the framework of land tenure governance, arguing that the Cameroonian land tenure legislations does not comprehensively address soil security concerns. In consequence of such a timid response to soil security concerns, soil is lamely protected within the framework of land governance in Cameroon. A key recommendation for this legislative gap is that to guarantee soil security, there is urgent need to embark on land tenure legislative reforms in order to clearly establish the responsibility of all land rights holders to protect soils.

International Environmental Protection in Armed Conflicts: Traditional Legal Regulation and Interpretation Novelties

The paper is devoted to international legal protection of the environment during armed conflicts. The author emphasizes that armed conflicts, both international and non-international, continue to be one of the most serious threats to a healthy environment. An armed conflict taking place in the environment invariably poses a threat to ecosystems.The author summarizes that in international law there are special norms for the protection of natural environment during armed conflicts. At the same time, increasing the level of protection requires a clearer definition of the scope of application of customary law and the further development of treaty rules. While the objectives of protecting the natural environment are linked to the survival and protection of civilians, recognition of environmental protection during armed conflict as such constitutes an important trend. International law calls on States to enter into agreements that provide for additional protection of the natural environment during armed conflicts. The concept of “protecting the natural environment” in international humanitarian law refers to a wide range of obligations that can help protect the natural environment or its parts from damage. A high threshold for potential harm continues to pose the risk that such protection is not fully applicable in practice. There is an obvious tendency to use the potential of the principles of international environmental law when applying the norms of international humanitarian law. Thus, even in cases where the assessment of new means and methods of warfare does not provide scientific certainty with regard to their impact on the natural environment, this does not absolve the parties to the conflict from taking appropriate precautions. It is not enough that there are important rules of international humanitarian law protecting the natural environment during armed conflict; they need to be better disseminated, implemented and enforced, as well as validated and clarified.

Climate Change Litigation: Indian Perspective

AbstractThis article covers the recent trends in climate change litigation in India, capturing the peculiarities of the Indian judicial system that lend it the will, ability, and credibility to accommodate emerging principles of climate change laws within the law of the land. While tracing the historical underpinnings of judicial activism, environmental considerations, and strength of democratic institutions, this Article discusses some of the current developments in climate change case law in the country. Finally, in showcasing an increasing and immersive trend towards the inculcation of international principles of environmental law, this article establishes the dichotomy between an active judicial system applying international environmental principles at the domestic level and the roadblocks in terms of climate litigation in the recent times.

Policy Note: Highlights of the United Nations Handbook on Carbon Taxation

This article explores some of the highlights of the United Handbook on Carbon Taxation that was produced by the Subcommittee on Environmental Taxation under the mandate of the United Nations (UN) Committee of Experts on International Cooperation in Tax Matters. The article analyses the existing international environmental agreements and the principles of international environmental law that provide the legal backdrop for the development of a carbon tax approach. It further considers the conceptual dimension of the terminology employed to frame carbon taxes. In doing so, the article points to three main conceptual lacunes in this field, specifically, the absence of international consensus on the definition currently used for carbon pricing, environmental taxation, and fossil fuel subsidies. At the same time, it highlights the breakthrough definition proposed by the committee for ‘carbon taxation’, the first of its kind, even if only for the purposes of the Handbook. In addition to providing a thorough review of the main policy approaches introduced in the Handbook in forwarding a carbon tax, the article also explores forward-looking areas in which further work can be done. Such areas include the application of carbon taxation in niche markets such as aviation and maritime transport. Carbon taxation, environmental taxation, carbon pricing, United Nations, committee of experts, international tax, aviation emissions, maritime emissions, fossil fuel subsidies, border carbon adjustment.

Legal Protection of the Marine Environment from Oil Refinery Industry Activities in Indonesia (Study on Cilacap and Balikpapan Refinery Industry)

Legal Protection of the Marine Environment from Oil Refinery Industry Activities in Indonesia aims to analyze the form of integration of environmental law principles in oil refining industry activities in Indonesia, the operationalization of the oil refinery industry which has the potential to cause pollution of the marine environment, as well as forms of countermeasures taken against oil spills into the marine environment. The research location is carried out in the oil refinery industry in Indonesia, especially at the PT. Pertamina (Persero) RU V Balikpapan, and PT. Pertamina (Persero) RU IV Cilacap. The research method used is empirical legal research, with a sociological, conceptual, and statutory approach. Empirical data were obtained through interviews and the distribution of questionnaires to selected respondents, while primary legal materials, secondary legal materials, and tertiary legal materials were obtained through literature study. The empirical data and legal materials obtained were analyzed using content and qualitative analysis.Based on the research conducted, the results were found: (i) the integration of environmental law principles in the oil refining industry activities in Indonesia is carried out through licensing mechanisms in the management, processing, transfer, storage, utilization, disposal and/or landfill waste generated by the production process that takes place in the oil refinery industry; (ii) The operation of the oil refinery industry has the potential to cause pollution of the marine environment because the industrial waste produced is dumped into the sea. In addition, the use of the sea as a means of transportation in loading and unloading activities at the jetty (jetty) and Transfer Ship to Ship (TSS) on the high seas can result in spills of crude oil and fuel oil into the sea which has the potential to cause pollution to the marine environment. Likewise, the potential for leaks from undersea pipes used to transport crude oil from the raw material storage terminal to the processing process also has the potential to cause pollution to the marine environment; (iii) handling of oil spills into the sea from oil industry activities is carried out by implementing a management system for dealing with oil spills to the sea contained in the Standard Procedures made by the Company, the substance of which is to implement the provisions contained in the laws, agreements, and Cooperation, as well as international agreements and standards. Keywords: Legal Protection, Marine Environment, Oil Refinery Industry. DOI: 10.7176/JLPG/115-09 Publication date: November 30 th 2021

Instituting Principle for the reproduction (restoration) of natural resources and complexes in the Context of Ensuring and Protecting Fundamental Human Rights

This article is devoted to the study of instituting principles for the reproduction (restoration) of natural resources and complexes in the context of ensuring and protecting fundamental human rights. The paper analyses these principles and proposes dividing them into four groups according to their functional purpose: system- forming, organisational, preventive, and that of economic direction. The principle of legal provision for the ecosystem approach to the reproduction (restoration) of natural resources and complexes and the ‘net gain’ principle are of particular interest in the system for the reproduction (restoration) of natural resources and complexes. These two principles should be considered the most important ones and be the basis for the following: organising and implementing measures for the reproduction (restoration) of natural resources and complexes; recovering and improving the quality of ecosystems; preventing and eliminating harmful economic impacts on the environment and human health; ensuring the sustainable functioning of ecosystems by indissolubly linking and balancing all environmental objects. It is established that instituting principles for the reproduction (restoration) of natural resources and complexes are universal regulations of positive law, generally influencing the formation of state environmental policy and law-making, as well as litigation in Ukraine that is concerns environmental law principles.

Upscaling ecological restoration: toward a new legal principle and protocol on ecological restoration in international law

The United Nations Decade of Ecosystem Restoration is an opportunity for States to advance the development of substantive and qualitative international law obligations for conducting restoration activities. This will help countries move beyond the more quantitative target‐driven approach that currently focuses international commitments on the percentage of degraded areas that have to be restored. In this paper, we argue for two pathways for States to accelerate and pursue international obligations to undertake ecological restoration. Firstly, we advocate for the development of a new international legal principle on ecological restoration, adding to existing international environmental law principles such as the prevention principle, and aiming at achieving the highest level of recovery possible. Secondly, we advocate to utilize available mechanisms through the 1992 Convention on Biological Diversity and create a new protocol that will spell out a high ambition level for ecological restoration and a legal basis for adopting generally accepted rules and standards for restoration. The voluntary SER Principles and Standards can play an important role in the development of the legal principle on ecological restoration and standards of best practice.

National ‘fair shares’ in reducing greenhouse gas emissions within the principled framework of international environmental law

ABSTRACT This article tests fairness justifications offered in 168 nationally determined contributions (NDCs) to the 2015 Paris Agreement against the touchstone of principles of international environmental law. It finds that while many NDCs refer to elements and indicators that are backed by principles of international law in determining fair shares (sustainable development, special circumstances, common but differentiated responsibilities and equity), some NDCs justify their contributions on the basis of indicators not backed by such principles (indicators including small share of global emissions (for states that are not LDCs and SIDSs), least cost pathways, and emissions per GDP). These insights are used to select a sub-set of approaches to the quantification of national fair share emissions targets among approaches previously surveyed in the literature. This leads to the exclusion of approaches based on cost and grandfathering. Next, the principles of harm prevention and precaution, and the normative pillars of the climate change regime, including its objective, ‘progression’, and ‘highest possible ambition,’ and the norms relating to human rights, are engaged to argue for further narrowing the range of national fair shares such that the sum of individual contributions is collectively compatible with the Paris Agreement’s long-term temperature goal. This leads to the finding that developed states have a Paris temperature goal compatible emission level in 2030 that is net-negative. Of the G20 states, only India and Indonesia can temporarily increase their emissions relative to 2010, only India relative to today. Around half the G20 states have increased emissions over the 2010s, and those decreasing emissions have done so too slowly. Key policy insights States’ fairness justifications for their contributions to the Paris Agreement should be scrutinized for compatibility with widely-accepted principles of international environmental law as well as the normative pillars of the climate change regime. Fair share ranges consistent with international environmental law principles offer a benchmark for existing and new nationally determined contributions under the Paris Agreement, for peer-to-peer comparisons, and to feed into the global stocktakes. Such fair share ranges can inform climate litigation in which the adequacy of national contributions, and thus a state’s fair share, is at issue.

An Application of the Principles of Environmental Law in Resolution of Environmental Disputes

This article examines principles of environmental law been applied by courts in their dispute resolution activities. The aim of the study is to systematize the applied in certain categories of cases principles. The tasks set by the author are to identify the correctness of the application, the correspondence of the meaning of the principle to which the court refers and the need set before the court – the dispute under consideration. Methods used in the article are method of analysis and synthesis that suits the goal. Environmental requirements and their corresponding principles are universal. The considered principles of environmental and land law are important in resolving legal disputes, playing the role of pillars of law, they are referenced in almost every court decision. Whether their indication in decisions is limited judicial lawmaking or elimination of a conflict, as well as the use of an analogy of law or law in the absence of an appropriate rule of law, is to be clarified in this study based on the analysis of judicial practice. Currently, there are a number of problems related to the application of the principles of environmental law, for example, the need to expand the list of principles of environmental law enshrined in legal norms with insufficient legislative support for the implementation. The environmental doctrine is developing actively nowadays; it provides a high probability of improving legal regulation in the field of environmental legal relations and the principles of environmental law in the future. Keywords: principles of environmental law, judicial practice in environmental disputes, application of the principles of environmental law by the courts, inconsistency of judicial practice with the essence of the principle

Ethical issues and legal principles regarding joint management of shared river basins in the context of climate change and water scarcity in the Iberian Peninsula

Portugal and Spain share five large river basins. The human activities carried out in the rivers or in the river basin area generate mutual interferences and impacts on the quality and quantity of water and on the ecologic conditions of the rivers and surrounding ecosystems. Furthermore, the effects of climate change on river ecosystems in the Mediterranean region—namely drought, water scarcity, desertification, flooding, heat waves, soil salinization, invasive species—are leading to larger water stress periods and an overall reduction of ecosystem services. In this context, the main ethic challenges regarding joint management of shared river basins in the Iberian Peninsula are: territorial equity, geomorphologic equity, demographic equity, interspecies equity, development equity, intergenerational equity and cultural equity. To address these challenges, a set of principles of international environmental law are briefly analysed. These principles govern the relations between States, regulate the access to the rivers, preserve the ecologic equilibrium of the rivers, and influence risk management. The principles also limit State discretionarily towards possible river uses and shape international agreements to be adopted in the future.

International environmental law and environmentally harmful space activities: learning from the past for a more sustainable future

Purpose The purpose of this paper is to present and analyse part of the relevant legal instruments currently available for regulating environmentally harmful space activities. Design/methodology/approach This paper opted for a functional research method combined with a comparative methodology. To make the argument, this paper relies on the contextual analysis of primary and secondary sources of law, instrument of soft law and the relevant background material (e.g. journal articles, textbooks, law reform and policy papers). Findings The central section will focus on the principles of international environmental law to outline their utility in the contemporary context. Finally, the conclusive part will point out the several ways in which the use of analogies can shape the outer space regime, especially concerning how those principles that are developed to safeguard the Earth, can also be extended for the protection of the space ecosystem. Originality/value Environmental hazards are rapidly increasing and the current international law and policy on planetary protection are inadequate to meet the challenges of the near future. There is no possibility of an environment-friendly and sustainable future if not strictly connecting it with a comprehensive and transparent acknowledgement of the human mistakes made on Earth. There are valuable lessons to be learned from our past, and it is under this perspective that the trend of polluting the outer space can be reverted. This paper fulfils an identified need to study the correlation between principles of international environmental law, space law and the current situation in the outer space.

Environmental Impact Assessment Draft Notification 2020, India: A Critique

Abstract Environment Impact Assessment (EIA) is a systematic process to identify, predict, and evaluate the environmental effects of proposed actions and projects. Generally, an EIA is conducted before deciding to proceed with a specific project or activity. In India, the adoption of the Draft EIA Notification 2020 by the Ministry of Environment, Forest and Climate Change has triggered several debates over its problematic implications. The Draft EIA Notification normalizes ex post facto clearance, which allows construction or operation of the project without a prior environmental clearance. It has significantly curtailed the scope of public consultation and participation by the introduction of a large number of exemptions for projects. Further, it is silent over the project’s transboundary impacts and exempts projects within 100 km of the border areas from public consultation. Thus, the Draft EIA Notification violates the environmental law principles provided under domestic and international laws by restricting adequate scrutiny of projects. The article critically evaluates the three significant dilutions that have threatened the effectiveness of the Draft EIA Notification including ex post facto clearance, public consultation, and the exemption granted to transboundary projects, and emphasizes its need for reconsideration before the publication of the final Notification.

Old proverbs for a future sustainable development: An environmental management perspective

Although the concept of “sustainability” is attributed to Dr. Gro Harlem Brundtland, the principle of inter-generational equity substantiating it is older, at least in the Romanian tradition. This article attempts to take the first steps in looking for the roots of environmental sustainability starting from the traditional wisdom synthesized in proverbs, focusing on the sustainable environmental management. For this purpose, the universal and international principles of environmental law, which are interconnected to the concepts of environmental management (responsibility for protecting the environment) and scientific management in general (functions of the management, decision theory) are used as the backbone of a taxonomic approach. The concept of managerial responsibility takes in ecology the form of individual, group and collective responsibility for the decisions and actions related to the protection of the environment, and also the form of social responsibility. This study continues previous researches of the authors, opening the way to other trans- and interdisciplinary studies. Its main limitation (to Romanian proverbs) gives a possible direction for further research.