Showing posts with label environmental law. Show all posts
Showing posts with label environmental law. Show all posts

Wednesday, January 29, 2014

Book: Transport, Climate Change and the City By Robin Hickman, David Banister (21 Jan 2014)

Transport, Climate Change and the City

By Robin HickmanDavid Banister

Routledge – 2014 – 400 pages
Description:
Sustainable mobility has long been sought after in cities around the world, particularly in industrialised countries, but also increasingly in the emerging cities in Asia. Progress however appears difficult to make as the private car, still largely fuelled by petrol or diesel, remains the mainstream mode of use. Transport is the key sector where carbon dioxide (CO2) emissions seem difficult to reduce.
Transport, Climate Change and the City seeks to develop achievable and low transport CO2emission futures in a range of international case studies, including in London, Oxfordshire, Delhi, Jinan and Auckland. The aim is that the scenarios as developed, and the consideration of implementation and governance issues, can help us plan for and achieve attractive future travel behaviours at the city level. The alternative is to continue with only incremental progress against COreduction targets, to ‘sleepwalk’ into climate change difficulties, oil scarcity, a poor quality of life, and to continue with the high traffic casualty figures. The topic is thus critical, with transport viewed as central to the achievement of the sustainable city and reduced COemissions.
Content:
1. Transport, Climate Change and the City 2. Futures, Scenarios and Strategic Conversations 3. Ambitions Towards Sustainable Mobility (London) 4. Affluent Rurality and Car Dependence (Oxfordshire) 5. Breaking the Projected Trend 5. Breaking the Projected Trend (Delhi) 6. Building a New World 7. Urban Dispersal and High Motorisation (Auckland) 8. Sustainable Transport and the City
Review:
A hugely authoritative book on a hugely important subject.
–Peter Hall, University College London, UCL
While transport’s contribution to climate change is of global importance, it needs to be addressed at the city or metropolitan scale. Yet cities differ, precluding easy one-size-fits-all solutions. By taking a scenario approach to a wide variety of cities this highly readable book provides insights to what can be done and how in a comprehensive manner. It is a major contribution, of interest to academics and practitioners alike.
–Eran Feitelson, The Hebrew University of Jerusalem, Israel
Quirky, intriguing, confronting stories of how the world's cities are slipping further into car dependence – and some possible solutions.
–Peter Newman, Curtin University Sustainability Policy (CUSP) Institute, Australia
This fantastically illustrated book is a joy to read and adds to other books on sustainable transport in its case based focus on the instrumental role that transport can and should play in the sustainable city. The scenarios developed for London, Oxfordshire, Delhi, Jinan and Auckland illustrate that different futures, away from the car, are possible, and that a 0.5 tCO2 per capita target can be achieved in different contexts. A must for everyone looking for inspiration to design sustainable travel solutions!

Friday, December 6, 2013

World News: Asian Judges Network to Strengthen Environmental Law Enforcement (5 Dec 2013)

Asian Judges Network to Strengthen Environmental Law Enforcement

MANILA, PHILIPPINES – An Asian Judges Network on Environment has been formally launched in Manila, marking a new stage of cooperation amongst justices cast with enforcing environmental laws and helping to preserve the region’s precious natural capital.
“Chief Justices and their senior judiciary play a critical role in improving environmental enforcement and strengthening the rule of law,” said Asian Development Bank (ADB) General Counsel Christopher Stephens. “They can champion and lead the rest of the legal profession, the law enforcement community, and broader public toward rule of law systems that promote environmental justice.”
The three-day Second Asian Judges Symposium on Environment drew eminent judges and representatives of courts, environment ministries, prosecutor’s offices, the legal profession, and civil society from Asia and the Pacific, and beyond. ADB hosted the event in partnership with the Supreme Court of Philippines, United Nations Environment Program, World Wildlife Fund, United States Agency for International Development, and the Freeland Foundation. It builds on work started in 2010, where the regions justices called for an Asian Judges Network on Environment, and having been working since that time.
Natural capital is under threat from the human appetite for resources, and from damaging practices like illegal logging, wildlife poaching, destructive fishing activity, and pollution. Although it's a huge provider of services and jobs, there are gaps in valuing the true worth of natural capital across Asia, and existing laws to protect resources need to be strengthened.
The symposium covered a broad range of topics, including recent judicial innovations in environmental cases in the region, and increasing understanding of the true economic value of natural capital and its contribution to socioeconomic development. The network is the culmination of work begun at the first Asian Judges Symposium on the Environment held at ADB headquarters in 2010.
ADB, under its Environmental Law, Justice and Development Program, is helping to generate knowledge on environmental challenges among judiciaries, and to strengthen the capacity of judges to decide environmental cases and to share experiences. Along with hosting sub-regional roundtables on the environment for senior judges from ASEAN member countries and South Asia, ADB has also worked on programs with national judiciaries. Regional legal experiences and a collection of environmental laws from Asia have been published and made available online

Thursday, November 21, 2013

Book: Whales and Elephants in International Conservation Law and Politics (18 Nov 2013)

Whales and Elephants in International Conservation Law and Politics

A Comparative Study

By Ed Couzens

Routledge – 2014 – 246 pages

Whales and elephants are iconic giants of the marine and terrestrial animal world. Both are conspicuous representatives of wildlife conservation. The issues of whaling and the ivory trade are closely linked, both legally and politically, in many ways; some obvious, and some surprising. The treatment of both whales and elephants will be politically and legally contentious for years to come, and is of great significance to conservation in general.
This book examines the current state of international environmental law and wildlife conservation through a comparative analysis of the treatment of whales and elephants. In particular, it describes the separate histories of international governance of both whales and elephants, presenting the various treaties through which conservation has been implemented. It is shown that international environmental law is influenced and shaped by important political actors – many with opposing views on how best conservation, and sustainable development, principles are to be implemented. Modern environmental treaties are changing as weaknesses and loopholes are exposed in older, and possibly outdated, treaties such as the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and the International Convention for the Regulation of Whaling (ICRW). Such weaknesses can be seen in the efforts made by some states to circumvent or weaken CITES and the International Whaling Commission and to resume commercial whaling, and further in the efforts of countries to resume trade in ivory. The argument is made that the Convention on Biological Diversity could be used to begin reconciling opposed views and to focus conservation efforts.
The argument is made that effective conservation of species cannot be achieved through individual treaties, but only through a synergistic approach involving multilateral environmental agreements – 'ecosystems of legal instruments'.

Thursday, November 14, 2013

Vietnam news: The National Assembly considered the Draft Environmental Protection Act (12 Nov 2013)

The National Assembly considered the Draft Environmental Protection Act (amended) Thứ ba, ngày 12 tháng 11 năm 2013 cập nhật lúc 15:40


On the afternoon of November 6, the Minister of Natural Resources and Environment Nguyen Minh Quang, authorized by the Prime Minister presented the project report on the Environmental Protection Act (amended).
The project report on Environmental Protection Law (Amendment ) evaluated a number of provisions on environmental protection that remain appropriate, unrealistic, stagnated, out of touch with the development requirements of practical and international integration and overlapping with other legal provisions. Besides, there have surfaced inconsistencies in the provisions on environmental protection with other laws related to environmental protection. The above reasons have reduced the effectiveness and efficiency of environmental protection management. Thus, the amendment is urgently needed in order to firmly rejected polluted projects that affect public health .
Upon the verification of the amendment, Commission of Science, Technology and Environment agreed on the need to revise the Environmental Protection Act in order to overcome the shortcomings and inadequacies in the law enforcement of environmental protection; meet the requirements of industrialization modernization and transformation of economic growth pattern from width to depth to ensure the sustainable development of the country...
On the basis of the consensus on the range of amendment  and supplement of the Law , Commission of Science , Technology and Environment Committee recommended the  drafting committee to review and supplement the regulations in order to overcome the existing issues of the past 8 years of law enforcement  in the prevention , control and sanction of environmental contamination; inspection and handling of violations of the law on environmental protection; compensation for environmental damages; management responsibilities of the State to protect the environment; new regulations in response to climate change; green growth and environmental security.
The Draft of Environment Protection Act (Amendment ) has expanded the cope of law enforcement, not only within the " territory " but also the " continental shelf and exclusive economic zone " of the Socialist Republic of Vietnam; extended the concept of environmental; supplemented the principle prioritizing environmental protection; clarified a number of prohibited contents in environmental protection. At the same time, the amendment clearly defined responsibilities of ministries and local authorities in the protection of rivers. In addition, in order to avoid detected pollution of projects after investment resulting in business suspension and wasteful investment ( typically Dong Nai hydropower projects 6 and 6A) , the bill has added regulations for large projects that have the potential to impact many aspects of the environment on preparation of investment report and 2-step environmental impact assessment ( EIA ): preliminary environmental impact assessment and environmental impact assessment .

With the development and promulgation of the new LEP, opinions , guidelines and policies of the Party to actively respond to climate change , strengthening resource management and environmental protection will be specified. Besides, the new LEP will facilitate the elimination of shortcomings and inadequacies of the provisions on environmental protection to develop a comprehensive legal system , enhance the effectiveness and efficiency of the management of environmental protection. In addition the LEP helps meet the new requirements of the transition pattern of growth, restructuring the economy in harmony with nature, green growth and promote sustainable development .

Saturday, September 21, 2013

New Books: Wolf and Stanley on Environmental Law 6th Edition By Susan Wolf, Neil Stanley (19 Sep 2013)

Wolf and Stanley on Environmental Law

6th Edition

By Susan WolfNeil Stanley

Routledge – 2014 – 664 pages
Descriptions:
Written with real clarity by authors teaching and researching in the field, Wolf and Stanley on Environmental Law offers an excellent starting point for both law and non-law students encountering this diverse and controversial subject for the first time. Topics covered include administration and enforcement, waste management, EU environmental law, pollution control, environmental permitting, contaminated land, environmental torts and private regulation.
The book is supported by a range of learning features designed to help students:
  • Consolidate your learning: Chapter learning objectives and detailed summaries clarify and highlight key points
  • Understand how the law works in practice: ‘Law in Action’ features demonstrate the application of pollution control law
  • Plan your research: Detailed end of chapter further reading sections outline articles, books and online resources that provide next steps for your research
This sixth edition has been updated and revised to take into account recent developments in the subject, including coverage of the Environmental Permitting (England and Wales) Regulations 2010; developments in the Environment Agency enforcement and sanctions policy documents; and updates relating to the defence of statutory authority in the tort of private nuisance.
Suitable for students of environmental law and the wider environmental studies, Wolf and Stanley on Environmental Law is a valuable guide to this wide-ranging subject.
Susan Wolf is Principal Lecturer in Law at the University of Northumbria.
Neil Stanley is Lecturer in Law at the University of Leeds.

Contents:
  1. Elements of Environmental Law 
  2. The Administration and Enforcement of Environmental Law 
  3. European Community Environmental Law and Policy 
  4. Water Pollution 
  5. Waste Management 
  6. Environmental Permitting 
  7. Contaminated Land 
  8. Air Pollution 
  9. Statutory Nuisance 
  10. Noise Pollution 
  11. Environmental Torts 
  12. The Private Regulation of Environmental Pollution

Saturday, August 10, 2013

Taiwanese Updates: 加嚴各類音源管制 提昇生活環境品質 環保署修正發布「噪音管制標準」 (6 Aug 2013)


加嚴各類音源管制 提昇生活環境品質 環保署修正發布「噪音管制標準」
提供單位:行政院環境保護署空保處
發布日期:2013.08.06

新聞圖片
        為維護民眾生活環境安寧,環保署修正發布「噪音管制標準」,主要增修內容為加嚴噪音管制區內工程、場所及設施噪音管制標準值,並增訂風力發電機組噪音管制標準及相關稽查量測與作業規定,修正內容詳載於該署(http://ivy5.epa.gov.tw/epalaw/index.aspx)「最新環保法規」網頁。

        環保署指出,隨著國人對環境品質的要求日益殷切,近年來噪音陳情案件居高不下,為各類公害陳情件數第一名,但其中約有九成以上案件符合噪音管制標準或無法量測,實際稽查處分率僅約8%,顯示噪音管制標準與民眾感受有落差。此外,噪音重複陳情案件近年來亦迅速成長,顯示仍有噪音源經過噪音檢測或限期改善複查後,雖然符合標準,但實質上仍影響民眾生活安寧,也因此造成噪音陳情案件數不斷增加。針對上述各點,實有必要針對時段區分、評定方式及噪音管制標準值檢討修正。

        環保署表示,本次噪音管制標準主要修正重點如下:針對噪音管制標準值,加嚴位於第1類至第3類噪音管制區工廠(場)、娛樂、營業場所及營建工程各時段低頻噪音管制標準值3分貝;另針對營建工程加嚴第1類至第3類管制區全頻噪音管制標準值3分貝,工廠(場)、娛樂、營業場所加嚴第2類及第3類管制區各時段噪音管制標準值3分貝;擴音設施除第1類夜間時段外,加嚴各類管制區各時段噪音管制標準值3分貝;此外,為處理風力發電機組噪音以工廠噪音管制標準進行管制,造成量測地點妥適性的爭議,新增以增量方式管制風力發電機組的全頻噪音,並增列風力發電機組專屬的噪音管制標準,及調整各噪音管制區時段區分方式,以解決民眾常反應噪音擾寧的問題。

        環保署表示,藉由本次修正噪音管制標準,針對各噪音源大幅度加嚴噪音管制標準值3分貝,可促使業者進行污染源改善,減少噪音案件對民眾之干擾;且增列風力發電機組專屬噪音管制標準,解決風力發電機組噪音量測地點妥適性之爭議,加上各噪音管制區時段區分方式之調整,預計將提高稽查處分不合格率15%以上,並將減少多次陳情案件的發生,提昇生活環境品質;環保署並提醒噪音源所有人或使用人應共同維護環境安寧,適時檢查現有相關設備並進行改善或保養維護,以避免運轉後產生噪音干擾鄰居安寧。

        

附加檔案:
  • 1020805-噪音管制標準.doc
  • 1020805-噪音管制標準總說明及條文對照表.doc


  • For more information: http://ivy5.epa.gov.tw/enews/fact_Newsdetail.asp?InputTime=1020806155008

    Thursday, July 18, 2013

    Events: Cutting Edge Cases: Chinese Environmental Lawyers at the Forefront of Legal Reforms organized by THE WILSON CENTER on 25 Jul 2013

    Events

    Cutting Edge Cases: Chinese Environmental Lawyers at the Forefront of Legal Reforms

    July 25, 2013 // 9:00am — 11:00am

    Chinese environmental law is a rapidly changing field as Chinese lawmakers strive to build a more effective governance institutions to address the country’s severe pollution and natural resource degradation. Since 2006, the U.S.-China Partnership for Environmental Law has trained thousands of Chinese lawyers, government officials and educators, giving them the skills and academic infrastructure needed to solve environmental and energy challenges in China through the rule of law. At this July 25th meeting CEF has invited two Chinese law scholars and two lawyers to speak about new and emerging trends in the area of environmental law in China, from new public interest law cases to  challenges posed in addressing the severe smog and the activities of a new law clinic requesting information on development in some of China’s most biodiverse nature reserves.
    LOCATION: 
    6th Floor, Woodrow Wilson Center

    Event Speakers List: 
    • China University of Political Science and Law
    • SW University of Political Science and Law
    • SW Forestry University in Kunming
    • Attorney and volunteer at All-China Environment Federation
    • Vermont Law School
    For more information: 
    http://www.wilsoncenter.org/event/cutting-edge-cases-chinese-environmental-lawyers-the-forefront-legal-reforms

    Saturday, June 29, 2013

    New Books: The Precautionary Principle in Marine Environmental Law With Special Reference to High Risk Vessels By Bénédicte Sage-Fuller (28 Jun 2013)

    The Precautionary Principle in Marine Environmental Law

    With Special Reference to High Risk Vessels

    By Bénédicte Sage-Fuller

    Published 28th June 2013 by Routledge – 306 pages
    Descriptions:
    The book examines whether the jurisdiction of coastal States under international law can be extended to include powers of intervention towards vessels posing a significant risk to their coastal and marine environment, but which have not yet been involved in any incident or accident. The books sets out how it is that coastal State jurisdiction can indeed be seen as including powers of intervention towards High Risks Vessels before an incident or accident happens, on the basis of the precautionary principle. The precautionary principle requires taking action when a risk of damage to the environment is suspected, but cannot be confirmed scientifically.The book thus considers the potential opportunities for the coastal state under international law to regulate international shipping where they consider vessels to an unacceptable risk to the environment, in order to prevent or minimise the risk of occurrence of the accident or incident leading to damage. The book acknowledges that this puts into question some very old and established principles of the law of the sea, most importantly the principle of freedom of navigation. But Bénédicte Sage-Fuller contends that this change would itself be a consequence of the evolution, since the end of WWII, of on the one hand international law of the sea itself, and of international environmental law on the other hand.

    Contents:
    1. High Risk Vessels
    2. Coastal States’ Jurisdiction under the United Nations Convention on the Law of the Sea
    3. Significance of the Precautionary Principle in Marine Law
    4. Practical Applications of the Precautionary Principle in Marine Protection Law
    5. Application of the Precautionary Principle and Vessel-source Pollution

    Sunday, April 28, 2013

    Chinese Updates: New Air Pollution Law to Set Limits for Emissions (19 Apr 2013)


    New Air Pollution Law to Set Limits for Emissions
    2013-04-19


    Shanghai legislative body plans to produce a new, detailed environmental protection law this year aimed primarily at curbing PM2.5 pollution, which is tiny airborne particles that can pose particularly dangerous health risks.

    The law will include exhaust discharge standards for vehicles and local factories as well as measures to control flying dust at construction sites, local legislators said yesterday.

    "Though the city's environmental protection authority has carried out emergency plans for heavily polluted days, the city's air quality often remains poor," said Li Ming, a local lawmaker.

    "Current measures fail to receive ideal effects," legislators said in a statement.

    The standing committee of the city's legislative body urged local government departments to start working on the new law's provisions and release drafts as soon as possible.

    Under the more-stringent Air Quality Index that took effect in November, air quality is "excellent" or "good" when the index is below 100, "lightly" or "moderately" polluted between 101 and 200, and "heavily" or "severely" polluted from 201 to 500.

    This year, Shanghai has had more than 15 days when the index topped 100.

    On January 16, the index surged to 254, a record high for the new index.

    In another measure to be launched soon, about a third of local government vehicles will be taken off the road in Shanghai only when the air is heavily polluted, according to Zhang Quan, director of Shanghai Environmental Protection Bureau.

    Some factories and construction sites will be idled. Some outdoor activities also will be canceled when the index exceeds 300.

    Zhang also said the city must work with neighboring provinces to curb emissions.

    Wednesday, April 17, 2013

    New Book: International Environmental Law and the Conservation of Coral Reefs By Edward J. Goodwin (12 Apr 2013)


    International Environmental Law and the Conservation of Coral Reefs

    By Edward J. Goodwin

    Published 12th April 2013 by Routledge – 302 pages

    Description:
    Tropical coral reefs are important ecosystems. They are economically important to coastal communities living in predominantly developing countries, and also provide shoreline protection, catalyse land formation enabling human habitation, act as a carbon sink and are a repository for genetic and species diversity rivalling rainforests. In the face of mounting man-made pressure from pollution, climate change and over-exploitation, these ecosystems increasingly need action to be taken to ensure their conservation and long term sustainable development.
    International Environmental Law and the Conservation of Coral Reefs breaks new ground by providing the first in-depth account of the ways in which multilateral environmental treaty regimes are seeking to encourage and improve the conservation of tropical coral reef ecosystems. In so doing, the work aims to raise the profile of such activities in order to reinforce their status on the environmental agenda.
    The book also has wider implications for international environmental law, arguing that sectorial legal action, provided it remains co-ordinated through a global forum that recognises and reflects the inter-connections between all elements of the natural environment, is the most effective way for international law to enhance the conservation of certain habitats.
    This book will be invaluable to environmental lawyers, legal researchers, marine conservationists and other stakeholders in coral reefs.
    Contents:
    Part I: Preliminaries
    1. Coral Reefs
    2. The Role of International Law
    3. International Law and Maritime Jurisdiction 
    Part II: The Multi-Lateral Environmental Agreements
    4. United Nations Law of the Sea Convention and the Regional Seas Agreements
    5. Coral Reefs and the Conservation of Biological Diversity
    6. The Ramsar Convention on Wetlands of International Importance
    7. Coral Reefs as World Heritage
    8. CITES and the Regulation of International Trade in Coral Reef Specimens and Products
    9. Coral Reefs and CO2 Emissions 
    Part III: Conclusions
    10. Improving Governance

    Saturday, April 6, 2013

    New Book: Discourses of Environmental Law and the Conceptualisation of Climate Change By Jo-Ann Goodie (30 Mar 2013)


    Discourses of Environmental Law and the Conceptualisation of Climate Change

    By Jo-Ann Goodie

    Published 30th March 2013 by Routledge – 256 pages

    Description: 
    The complex phenomenon known as ‘the natural environment’ is a product of a variety of discourses. This book explores the emergence of different discourses of the environment – scientific, economic, political, aesthetic, moral and legal discourses – analyzing the simultaneous separateness and interrelatedness of their methods for thinking and acting upon the environment. It considers how those conceptions of the environment frame the terms of the current debate on climate change within the environmental legal imagination.
    Discourses of Environmental Law and the Conceptualisation of Climate Change examines how the legal recognition of the environment, in the nineteenth and early twentieth centuries, presented a conundrum for the law, and the ways by which anthropogenically induced climate change is similarly legally confronting today. Recognition of the collective social interest in the environment required realignment of private rights and collective legal interests and led to the development of pointedly interdisciplinary and negotiated techniques of legal governance. Established environmental law supports a range of legal interventions in response to climate change. However, the determination of questions central to legal decision making and action, such as causality, rights, responsibility and blame, are not readily determined in the face of an environmental threat that is the result of multiple and cumulative events across legal jurisdictions, and likely to have consequences well into the future.
    The book goes on to situates the current legal response to climate change in the context of environmental thinking, and reflects on how and why particular legal responses to global warming/climate change are taken up. It analyzes how crises such as climate change are simultaneously driven by and shape understandings of the ‘environment’, as well as considering how environmental law is being refigured to adapt to the peculiar legal and policy dilemmas presented by climate change.

    Contents:
    Part 1: Different Discourses of the Environment 1. Moral and Aesthetic Discourses of the Environment
    2. Scientific, Political, Economic Discourses of the Environment
    3. Legal Discourses of the Environment 
    Part 2: Climate Change - Refiguring Environmental Legal Understanding 4. Contemporary Construction of the Environment
    5. Ecologically Sustainable Development
    6. Risk

    For more information: http://www.routledge.com/books/details/9780415674645/