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This chapter begins the last section, a section that explores how the police power can be used to address modern social problems. We look at a number of these wicked problems, including housing, transportation, environmental degradation, and other predicaments, and connect our conception of the police power as described earlier in this book to the use of this power proactively to confront these especially difficult problems.
In 2023, the Organisation for Economic Co-operation and Development (OECD) launched an updated version of the OECD Guidelines for Multinational Enterprises on Responsible Business Conduct. The changes represent substantial and potentially far-reaching implications for business, particularly in the areas of climate change and biodiversity. This article examines the 14 climate-related complaints filed under the Guidelines prior to the adoption of the 2023 Update, showing how many of these cases illustrate the potential interlinkages between the human rights and climate change dimensions of the Guidelines. The article then discusses how the updated provisions may influence future complaints concerning climate change. Based on this analysis, the article concludes that the Guidelines could have been strengthened by the explicit integration of climate change into the scope of corporate human rights responsibilities under the Guidelines.
The Treaty on the Functioning of the European Union (TFEU) provides for free movement of the factors of production, but also for derogations from free movement where necessary to protect important interests such as public policy, public security and public health. These have been broadened out by the Court of Justice to include other public interest objectives, including the environment and consumer protection, which can also be relied on under certain conditions. All these derogations and protections are to be applied subject to certain conditions – they must be restrictively interpreted, non-discriminatory, procedurally fair and applied in a proportionate and consistent way. Alongside these, there are specific exceptions applying to occupations, excluding public service and official authority from the scope of Articles 45, 49 and 56 TFEU.
Radiocarbon (14C) methodology was used to investigate the presence of biocarbon in different bio-based disposable packaging products. Packaging waste contributes to a municipal solid waste, which is increasing environmental concerns and resulting in the enhancement of EU regulations that aim to reduce packaging waste. The 14C amount in samples reflects how much of the biocarbon has been used. In this study, the concentration of 14C was determined in commonly used types of disposable packaging, such as cups, plates, straws, cutlery, and baking paper. Samples were made of materials such as paper, wheat bran, sugarcane, and wood. The mean concentration of the 14C isotope, measured by the accelerator mass spectrometry (AMS) technique, is greater than 100 pMC in all tested samples, indicating that the samples are modern. The relatively high 14C concentration values in the waterproof layer of the sample indicate that bioplastic, rather than plastic, was used in its production. The highest 14C isotope concentration values were measured for samples that used the oldest biomass (wood and paper), and the lowest for products from current crops (sugarcane and wheat bran), which is consistent with the trend of changes in 14C concentration in the biosphere. The study also addresses the problem of heterogeneity and representativeness of subsamples.
Studies on climate change mitigation and environmental degradation suggest that lifestyle changes in high-income countries can help promote environmental sustainability. Such changes may include material sacrifices on the part of the individual. Yet, accepting material sacrifices can be a challenging task for both individuals and countries. Can publicly provided economic protection facilitate the acceptance of such sacrifices? This study examines whether social insurance generosity is likely to make people more willing to accept material sacrifices for the sake of environmental protection. Using multilevel regression modelling to analyse data on social insurance programmes and attitudes towards material sacrifices in nineteen high-income countries, the results of the study suggest that social insurance generosity has a positive effect on attitudes towards accepting material sacrifices, with some variation across programmes and social groups.
This article seeks to demonstrate the nexus between agent-related technology and the protection of the environment in armed conflicts, looking at how agent-based modelling and simulation (ABMS) can be used as a tool to protect the environment in armed conflicts. It further analyzes the precautionary principle and due regard, as relevant rules, and explains the legal benefits of deploying ABMS to protect and preserve the natural environment. The article argues that the deployment of ABMS helps States to better understand the environmental effects of conflicts, reassess their military activities and comply with the relevant applicable rules and norms.
In 2020, the International Committee of the Red Cross's work on the protection of the natural environment under international humanitarian law (IHL) produced the Committee's Guidelines on the Protection of the Natural Environment in Armed Conflict (ICRC Guidelines), an update of their 1994 predecessor. The ICRC Guidelines consist of thirty-two rules and recommendations under IHL, each accompanied by a commentary explaining their legal basis and providing guidance for interpretation. This article presents an overview of the context surrounding the Guidelines, certain key legal content, and practical implications for the conduct of parties to armed conflict as they fight.
The aim of the present contribution is to assess how infringement proceedings under Articles 258 to 260 TFEU have dealt with ‘systemic’ breaches of EU law by the Member States’ authorities. It will be argue that two, or possibly three, strands of case-law appear to specifically concern systemic breaches of EU law.
Actors engaging in a diverse set of environmental protection activities are experiencing serious difficulties executing their mandates during armed conflict, leading to environmental harm that could otherwise have been mitigated. This article examines to what extent the international legal and policy framework can ensure the protection of environmental protection actors during armed conflict. It is argued that environmental protection actors can be seen either as part of civil defence organizations or as humanitarian relief actors, and are therefore covered by special protections under international humanitarian law. However, two main challenges remain: (1) despite these existing provisions, environmental protection actors may still face access and safety issues during armed conflict, and (2) within this framework, environmental protection activities must be linked to civilian needs and cannot be conducted based on ecocentric motivations. To overcome these challenges, the article introduces the concept of “environmentarian corridors”. Environmentarian corridors would allow for the unimpeded movement of environmental protection workers and resources through contested territory and into emergency areas to protect the environment. They would also serve to increase awareness about obligations to protect the environment and would help to ensure the safety of environmental protection actors during armed conflict, as the role and mandate of these actors is explicitly accepted by stakeholders. Additionally, environmentarian corridors offer potential for conducting environmental protection activities on ecocentric grounds. The article concludes by advocating for stakeholders to employ the provisions and concepts articulated herein as a means to further promote and strengthen initiatives aimed at protecting the environment during armed conflict.
This Chapter provides an overview of the Japanese legal system governing marine environmental conservation and Japan’s approach towards the management, conservation and sustainable use of marine living resources, including whales. Commercial whaling is part of the broader international environmental law debate: ensuring environmental protection while facilitating sustainable use of the natural resources of the sea. Discussions on promoting sustainable whaling at the global level are needed. The answer may be, against popular opinion in some countries, to allow limited but internationally monitored, whaling in specific locations, while stopping whaling altogether in other locations. Such approach could be adjusted based on independent and politically uncompromised scientific evidence. As scientific knowledge advances and whale stock management theories become more complex, scientific advice may not necessarily produce clear-cut answers. In situations of scientific uncertainty, the precautionary principle can allow rational decisions – provided the principle is not misinterpreted and transformed into a principle of inaction.
This short piece comments on the articles presented in the forum on Adriatic tourism and their analyses of competing historical claims to “our Adriatic.” The comment focuses on questions raised about ownership of the sea and the Adriatic's borders of belonging. While sovereignty over areas of the Adriatic has proven an enduring diplomatic issue in both the twentieth and twenty-first centuries, the forum authors instead consider claims by different types of actors: tourists (particularly Czech tourists who claimed a special relationship between Czechs and their South Slav “brothers”); investors in hotels and related infrastructure; socialist Yugoslav tourism planners; and environmentalists concerned with issues of pollution. In tracing out tensions in the agendas of hosts and visitors, as well as planners and scientists, the forum's essays measure and map the socio-ecological metabolism of the modern eastern Adriatic.
Protection of Antarctica's biodiversity and ecosystem values is enshrined in the Protocol on Environmental Protection to the Antarctic Treaty, which provides for the designation of Antarctic Specially Protected Areas (ASPAs) to areas with outstanding values. Concern has been raised that existing ASPAs fail to prioritize areas to maximize the likelihood of ensuring the long-term conservation of Antarctic ecosystems and biodiversity. The absence of systematic and representative protection is particularly acute for inland aquatic ecosystems, which support a disproportionate amount of inland biodiversity. This paper promotes the case for overt inclusion of inland waters as a critical component of a representative protected area framework for Antarctica, thereby addressing their current underrepresentation. We set out a structured approach to enable the selection of representative freshwater systems for inclusion in the ASPA framework that, with modification, could also be applied across other Antarctic habitats. We acknowledge an overall lack of information on the biogeography of inland aquatic diversity and recommend increased use of remote data collection along with classification tools to mitigate this, as well as the need for the consideration of catchment-scale processes. Changes that accompany contemporary and anticipated climate change make the need for the conservation of representative biodiversity increasingly urgent.
This chapter discusses the right to environmental protection and sustainable development as protected by the European Convention on Human Rights, other Council of Europe instruments, in EU law and in international instruments. It pays attention to eg climate change, environmental pollution and nuisance, In the final section, a short comparison between the different instruments is made.
We replicate and extend unit asking – a method to increase donations by first asking donors for their willingness to donate for one unit and then asking for donations for multiple units (Hsee, Zhang & Xu, 2013) We conducted a large scale replication and extension using a 2 (unit asking, control) × 3 (domains; children (original), animals, environment) between-subjects design. Across three domains, we find that unit asking increased donations, suggesting that this method can be used to increase giving to different charitable causes.
Antarctic and Southern Ocean environments are facing increasing pressure from multiple threats. The Antarctic Treaty System regularly looks to the Scientific Committee on Antarctic Research (SCAR) for the provision of independent and objective advice based on the best available science to support decision-making, policy development and effective environmental management. The recently approved SCAR Scientific Research Programme Ant-ICON - ‘Integrated Science to Inform Antarctic and Southern Ocean Conservation‘ - facilitates and coordinates high-quality transdisciplinary research to inform the conservation and management of Antarctica, the Southern Ocean and the sub-Antarctic in the context of current and future impacts. The work of Ant-ICON focuses on three research themes examining 1) the current state and future projections of Antarctic systems, species and functions, 2) human impacts and sustainability and 3) socio-ecological approaches to Antarctic and Southern Ocean conservation, and one synthesis theme that seeks to facilitate the provision of timely scientific advice to support effective Antarctic conservation. Research outputs will address the most pressing environmental challenges facing Antarctica and offer high-quality science to policy and advisory bodies including the Antarctic Treaty Consultative Meeting, the Committee for Environmental Protection and the Scientific Committee of the Commission for the Conservation of Antarctic Marine Living Resources.
This introduction lays out the context, scope, theoretical framework, core arguments and structure of the study. It problematises the focus on synergies between environmental protection and human rights in existing literature, and emphasises the importance of retrieving, exploring and critically unpacking the conflicts that underpin this relationship. The analysis introduces the central interrogation of the book: how environmental protection laws can collide with human rights concerns, and how regional human rights courts balance individual or collective human rights against the interest in environmental protection, when environmental protection and human rights collide. Several sub-questions unfold from this main interrogation. How do regional human rights courts address, conceive of and frame conflicts with environmental laws, many of which include considerations that are part and parcel of existing human rights? Which conflict-management techniques and argumentative strategies do they employ to settle such trade-offs? And what does this tell us about how the environment is represented, and how its protection is legally justified in relation to human concerns? The summary of the main findings of the book lay bare the importance of the project, the gaps it aims to fill, and how these novel insights reconfigure the relationship between environmental protection and human rights.
This first part explores the origins of the relationship between environmentalism and human rights and traces the evolution of this encounter through a historical lens. It analyses how concerns for environmental protection and human rights emerged as distinct aspirations that progressively evolved towards mutual integration into each other’s normative architecture, legal registers and institutional practices. By examining how the framing of the relationship between ‘Man and Nature’ changed over time and how these changes of perception were legally translated in international instruments, judicial decisions and doctrinal accounts, this part of the book thereby sheds light on a major paradigm shift that occurred in the 1960s, when environmental protection began to be framed as intrinsically intertwined with human rights concerns. This shift corresponds to the first explicit references to human rights in environmental instruments. The analysis unpacks how this radical turn in environmentalism was accommodated at three complementary levels: legislative, adjudicative and doctrinal. This produced a dominant account where environmental protection and human rights are viewed as synergistic and mutually reinforcing objectives, in disregard of the conflicts that also underpin this relation. This account thereby contributes to the literature that critically engages with liberal human rights-based approaches to environmental protection.
This concluding chapter summarises the main arguments and findings of the book. It reflects on the multiple rationales and ideals that were mobilised over time to protect the environment, and translates this protection into an actionable legal framework. It examines the motivations and aims invoked to this end and explores what implications the gradual association of environmental protection with human rights in regional human rights jurisprudence had for the representation of the environment and its relation to human concerns. How are environmental concerns conceptualised, consolidated and contested by human rights courts? Which representations of human and non-human relations lie encoded in the ‘universalisation strategies’ that the book reveals? And what are the political effects of the adoption of environmental concerns in the lexicon of human rights? The conclusion interrogates the world-making effects that the articulation of environmental protection in a human rights register generates and questions the latter’s suitability for radical environmental politics in the Anthropocene. Overall, the book informs us about the management of legal conflicts by courts, the strategies they develop to justify their outcomes and the performative role they play in shaping our understanding of the environment–human rights interface.
Conflicts between environmental protection laws and human rights present delicate trade-offs when concerns for social and ecological justice are increasingly intertwined. This book retraces how the legal ordering of environmental protection evolved over time and progressively merged with human rights concerns, thereby leading to a synergistic framing of their relation. It explores the world-making effects this framing performed by establishing how 'humans' ought to relate to 'nature', and examines the role played by legislators, experts and adjudicators in (re)producing it. While it questions, contextualises and problematises how and why this dominant framing was construed, it also reveals how the conflicts that underpin this relationship – and the victims they affect – mainly remained unseen. The analysis critically evaluates the argumentative tropes and adjudicative strategies used in the environmental case-law of regional courts to understand how these conflicts are judicially mediated, thereby opening space for new modes of politics, legal imagination and representation.
This paper investigates whether pollution-intensive industries develop faster in a time of economic downturn. Using firm-level panel data from 2005 to 2013, we find supporting empirical results in an analysis of China's manufacturing industries in the 2008 economic crisis. We find that pollution-intensive firms tended to produce more compared with non-pollution-intensive firms in the 2008 economic crisis, with the pre-crisis period as a baseline. We further find that this effect is more pronounced in areas with higher export dependence and a smaller proportion of production from pollution-intensive industries. The relatively faster production expansion in pollution-intensive industries is more evident for state-owned enterprises.