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Authors:Harsh Mahaseth, Pranjal Risal Pages: 95 - 100 Abstract: Environmental Law Review, Volume 25, Issue 2, Page 95-100, June 2023. This opinion considers the decision made by the Supreme Court of Nepal in the case of Prakash Mani Sharma v The Government of Nepal which concerns the proposed construction of Nijgadh International Airport in a densely forested area of Nepal. In doing so, it considers the views of environmentalists, developers, airport authorities and the government. It also suggests what lessons can be learned from the decision, and emphasizes the importance of applying the concept of “sustainable development” to evaluating such a problem. Citation: Environmental Law Review PubDate: 2023-06-17T01:26:08Z DOI: 10.1177/14614529231181801 Issue No:Vol. 25, No. 2 (2023)
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Authors:Brown Etareri Umukoro Pages: 101 - 119 Abstract: Environmental Law Review, Volume 25, Issue 2, Page 101-119, June 2023. The campaign for the recognition of environmental rights is progressively gaining momentum in Nigeria as the degradation of the environment continues without an effective legal framework for abatement. While environmental rights are yet to find general acceptability, legal scholars, environmentalists, non-governmental organisations and other stakeholders have continued to insist that it is possible to enforce environmental rights in Nigeria as though they were a fundamental right's claim. The article, in the face of the currency of environmental rights’ discourse in Nigeria and the recent UN Resolution recognising environmental rights as universal human rights, seeks to revisit the constitutional challenges associated with environmental rights’ claims in Nigeria, particularly, the non-justiciability slogan which has often been wielded as a sword of Damocles against arguments in favour of the right. The article observes that without necessarily constitutionalising environmental rights, a purposeful interpretation of Chapter IV of the Constitution could place Nigeria among countries with enforceable environmental rights in the world. Citation: Environmental Law Review PubDate: 2023-06-17T01:26:07Z DOI: 10.1177/14614529231168491 Issue No:Vol. 25, No. 2 (2023)
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Authors:Akhilendra Pratap Singh Pages: 120 - 134 Abstract: Environmental Law Review, Volume 25, Issue 2, Page 120-134, June 2023. Political theorists of varied philosophical traditions and ideological leanings have provided different understandings of the state. In the same vein, an ‘environmental’ conception of the state has emerged which seeks to cast the state as an ecological steward. In the legal context, the rise of the environmental state is evidenced by the trend of constitutionalization of the environment. Constitutionalization of the environment or environmental constitutionalism is an approach that relies on constitutions to provide for the architecture of environmental governance through various constitutional features, such as fundamental rights, principles of environmental governance, and endearing aspirational values. This relationship between the environmental state and environmental constitutionalism, however, remains less explored in the legal scholarship, particularly in the specialized sub-domain of the environmental constitutionalism scholarship. This article fills that gap by arguing that environmental constitutionalism is not only an important indicator of the rise of the environmental state, but also a progressive step towards it. Citation: Environmental Law Review PubDate: 2023-06-17T01:26:08Z DOI: 10.1177/14614529231166298 Issue No:Vol. 25, No. 2 (2023)
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Authors:Robert G Lee Pages: 135 - 153 Abstract: Environmental Law Review, Volume 25, Issue 2, Page 135-153, June 2023. In view of recent coal tip failures in Wales under pressures of climate change conditions, particularly severe rainfall, the Welsh Government has committed to taking preventive action to address threats associated with disused coal tips, which number more than 2,500. This legislation is currently under development, aided by a report from the Law Commission of England and Wales, which recommended the creation of a coal tips register and the designation of an authority for overseeing inspections, assessing risk levels, and ensuring appropriate management. Whilst the intent of such regulatory action on coal tips is the protection of both public safety and environmental health, paradoxically a central barrier to an effective regime is the body of environmental regulations which constrain development. This article reviews such tensions in areas such as waste management, environmental permitting, habitat protection, ecological assessments, and nature conservation, before considering potential solutions to enable timely implementation of coal tip safety measures whilst safeguarding long-term ecological health and sustainability. The conclusion reflects on how the issue of disused coal tip safety serves as a harbinger of the types of legislative challenges likely to arise under climate change. Citation: Environmental Law Review PubDate: 2023-06-17T01:26:09Z DOI: 10.1177/14614529231162054 Issue No:Vol. 25, No. 2 (2023)
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Authors:Chhaya Bhardwaj Pages: 154 - 161 Abstract: Environmental Law Review, Volume 25, Issue 2, Page 154-161, June 2023. The author critically analyses the decision of the Human Rights Committee (HRC) in Daniel Billy et al. v. Australia and argues that this decision leaves several gaps in its interpretation and application of ‘right to life’ and rights of children in a climate change case. This is the second decision in which the HRC holds that climate change, sea-level rise, coastal erosion etc. is likely to negatively impact right to life of people residing in affected coastal regions in the next 10–15 years, preventing the HRC to hold that climate change or sea-level rise is an ‘imminent’ or ‘foreseeable’ threat to the right to life of people. For the rights of children, he HRC rules that right to culture was impaired, specifically because the islanders ability to disseminate their culture to future generations was impaired. While this rationale was used to hold ‘right to culture’ violations, this rationale was not applied in the context of ‘rights of children’. The HRC decision overall does not take the inter-dependability of human rights into consideration, while holding that one right is violated and other is not. Citation: Environmental Law Review PubDate: 2023-06-17T01:26:08Z DOI: 10.1177/14614529231169544 Issue No:Vol. 25, No. 2 (2023)
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Authors:Verity LJ Adams, Michael Haywood, Sarah Ismail Pages: 162 - 192 Abstract: Environmental Law Review, Volume 25, Issue 2, Page 162-192, June 2023.
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Authors:Jason Lowther Pages: 193 - 195 Abstract: Environmental Law Review, Volume 25, Issue 2, Page 193-195, June 2023.
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Authors:Lynda M Warren Abstract: Environmental Law Review, Ahead of Print. Property rights in the marine environment differ from those on land and this difference has an impact on the legal framework for marine protected areas. The Site of Special Scientific Interest designation, which underpins terrestrial nature conservation in the UK, is only relevant at sea for intertidal sites and a few subtidal extensions. Legislation for Marine Nature Reserves, based on that for terrestrial National Nature Reserves, was unworkable because of government reluctance to designate sites in the face of stakeholder opposition. Regulations for the protection of European Marine Sites were made to implement the European Habitats Directive which covers very few marine habitats or species. The lacuna in legal protection was filled by the creation of the Marine Conservation Zone designation but the emphasis on features of particular value detracts from the objective of wider ecosystem protection. Protection for all types of marine protected areas is constrained by the need to consider the socio-economic consequences of regulation. The new pilot Highly Protected Marine Areas in England could tip the balance in favour of conservation but the rejection of two out of five candidate sites on the basis of the socio-economic concerns does not augur well for the future. Citation: Environmental Law Review PubDate: 2023-10-05T06:13:01Z DOI: 10.1177/14614529231187745
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Authors:David Grinlinton Abstract: Environmental Law Review, Ahead of Print. This article examines the legal and policy intersection of property rights and environmental law. Property rights are closely connected to and often in tension with many elements of environmental law and policy. Appropriate controls on the use of property rights and natural resources, and effectively managing the environmental consequences of such use, are critical in addressing the environmental challenges of our time. This paper first reviews the importance of property rights in the context of our legal, social, economic and political systems. It then examines the active use of property rights and mechanisms to address environmental challenges, including the creative and innovative use and development of new forms of property rights that have emerged in recent times. This is followed by a discussion of recent developments in restricting the use of property rights in land use and natural resource development to address environmental issues. The paper concludes with some ideas for future development of the law, and emerging new directions for future research. Throughout the paper, New Zealand will be used as a case study to reflect on the relationship between property rights and environmental protection. Citation: Environmental Law Review PubDate: 2023-10-04T09:16:45Z DOI: 10.1177/14614529231193804
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Authors:Kikelomo O. Kila Abstract: Environmental Law Review, Ahead of Print. Ghana continuously suffers from the impact of the climate change crisis despite its minimal global carbon contributions. Although Ghana has instituted some climate change policies and general environmental regulations, it has not yet promulgated a Climate Change Act to aid the regulation of climate change mitigation, especially of corporations that are the major emitters of global greenhouse gas emissions. This article examines the climate change regulation of corporations in Ghana and its effectiveness in addressing climate change challenges. It assesses the country's international climate change profile and the role of corporations in contributing to its carbon emissions, evaluates the strengths and weaknesses of Ghana's general environmental regulation and discusses alternative regulatory frameworks such as judicial, market and surrogate regulation for managing climate change impacts in the absence of statutory climate change regulation. Further, this article looks beyond the presence of a statutory climate change regulation and examines the potential structuring of climate change regulation in Ghana. The article argues that the traditional command and control regulatory system will be unsuitable for effective regulation of the climate change participation of corporations in Ghana, and instead proposes the adoption of the Dilute Interventionism approach supported by a Veto Firewall system for this purpose. The article argues that these concepts present a practical and effective approach to regulating corporations’ involvement in climate change mitigation in Ghana. However, the successful implementation of this approach will require political will, corporate compliance, and technical capacity. This article provides policymakers, stakeholders and interested parties in Ghana and beyond with useful insights to address climate change challenges. Citation: Environmental Law Review PubDate: 2023-10-04T04:37:39Z DOI: 10.1177/14614529231200167
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Authors:Muyiwa Adigun Abstract: Environmental Law Review, Ahead of Print. Climate change can be litigated through tort, common law, statute/policy, public trust doctrine or human rights among others. While climate change litigation appears to have developed in states of the Global North, its use is still relatively recent in states of the Global South. Nor has it been seriously considered from the perspective of international tribunals from the Global South. Therefore, this study examines a human rights approach to climate change litigation in the Economic Community of West African States Court of Justice (ECOWAS Court). This study finds that there are some developments in certain jurisdictions which make a human rights approach promising in terms of locus standi, justiciability, causation and separation of powers and that they can be related to the jurisprudence of the ECOWAS Court. It also finds that the doctrine of exhaustion of local remedies does not apply to the ECOWAS Court. Based on these findings, it is argued that a human rights approach can be successfully deployed to litigate climate change before the ECOWAS Court and that it can wake up West African States from their lethargy in terms of policy on, and treatment of, climate issues. The study concludes that individuals and NGOs may adopt a human rights approach before the ECOWAS Court to influence policy change and/or state behaviour in West African States. Citation: Environmental Law Review PubDate: 2023-10-04T04:37:19Z DOI: 10.1177/14614529231199378
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Authors:Ole W Pedersen Abstract: Environmental Law Review, Ahead of Print.
Citation: Environmental Law Review PubDate: 2023-10-04T04:36:59Z DOI: 10.1177/14614529231193364
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Authors:Margherita Pieraccini Abstract: Environmental Law Review, Ahead of Print. This paper focuses on a new addition to the English protected seascape: Highly Protected Marine Areas (HPMAs). HPMAs hold an important value for meeting pressing conservation targets and for studying the interaction between biodiversity conservation and climate change. By prohibiting extractive, destructive and depositional uses, they are test sites for understanding the resilience of marine ecosystems. However, HPMAs are not neutral tools but are highly political, as they limit sea-users’ access to marine resources. Being strict reserves, they can be contested and perceived as enclosures. The way in which HPMAs are framed in law and policy has important implications for the effectiveness and social acceptability of these sites. This paper, employing the analytical categories of new commons and commoning, explores the way in which English law and policy are framing HPMAs asking whether they are contributing to a perception of HPMAs as enclosures. Citation: Environmental Law Review PubDate: 2023-08-11T06:17:33Z DOI: 10.1177/14614529231183284
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