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  • Articles  (2,594)
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  • Articles  (2,594)
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  • 1
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    Rent Soil Theory Versus Sustainable Development Goals in Indonesia: Environment Law Perspective (2021)
    IOS Press
    Details
    Publication Date: 2021-10-26
    Description: Indonesia is known as a rich country with its forests and various biodiversity. In regard to the issue of forest use and management in Indonesia, there are always pros and cons in how to manage the forest properly. To support the economic sector in Indonesia, the government always optimizes forest functions and clearing forests for the business sector. In practice, Indonesia implements soil-rent theory, which triggers polemics because there is friction with sustainable development goals (SDG). This article is using normative research method. Later on, this article will discuss the gap between the rent soil theory and sustainable development goals (SDGs) with the comprehensively approach to environmental law.
    Print ISSN: 0378-777X
    Electronic ISSN: 1878-5395
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Political Science , Law
    Published by IOS Press
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  • 2
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    Making the Case for Reforms of Forestry Policy and Law: Lessons and Experiences from Nigeria (2021)
    IOS Press
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    Publication Date: 2021-10-26
    Description: The 2030 Agenda for Sustainable Development incorporates 17 Sustainable Development Goals (SDGs). Goal 15 (SDG 15) focuses on terrestrial ecosystems. Regarding forests, it sets targets requiring signatories to promote the implementation of the sustainable management of all types of forests by 2020 and further mobilize significant resources from all sources to achieve sustainable forest management. The United Nations Strategic Plan for Forests 2017 – 2030 advances the vision of SDG 15. Nigeria’s high demographic growth rate has led to the surging demand for land to support settlements and farming. Coupled with extensive illegal or uncontrolled logging, the annual forest net loss of 5% is one of the highest rates globally in percentage terms. This paper is a critical analysis of the policy-law interface of the forestry sector in Nigeria. It examines the country’s trajectory or state of preparedness for sustainable forest management, and it concludes that forestry policy and law in Nigeria must undergo urgent reforms so that the forest commitments such as those under SDG 15 and other regional and global instruments can be ultimately achieved.
    Print ISSN: 0378-777X
    Electronic ISSN: 1878-5395
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Political Science , Law
    Published by IOS Press
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  • 3
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    A Regional Review of Genetic Resource Access and Benefit Sharing – Key Issues and Research Gaps (2021)
    IOS Press
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    Publication Date: 2021-10-26
    Description: Countries are increasingly using access and benefit sharing (ABS) as a legal mechanism to support the conservation and sustainable use of the world’s biological diversity. ABS regulates collection and/or use of genetic resources/traditional knowledge and sharing benefits from their use with the provider. The purpose of this review is to assess the trends, biases and gaps of ABS literature using a regional comparative approach about the key topics of concern between each region. It analyses four key topic groupings: (1) implementation of international, regional and national ABS policy and law; (2) intellectual property and ABS; (3) traditional knowledge; and (4) research, development and commercialisation. Findings included gaps in: (1) analysing effectiveness of national level implementation; (2) addressing apparent conflicts between support for intellectual property promoting exclusivity for traditional knowledge and challenges to intellectual property exclusivity for patents; (3) examining traditional knowledge of local communities (in contrast to Indigenous Peoples); and (4) lack of practical examples that quantify benefit sharing from research and commercialisation outcomes. We conclude that future research addressing the identified gaps and biases can promote more informed understanding among stakeholders about the ABS concept and whether it is capable of delivering concrete biological conservation, sustainable use and equity outcomes.
    Print ISSN: 0378-777X
    Electronic ISSN: 1878-5395
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Political Science , Law
    Published by IOS Press
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  • 4
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    Preface (Volume 51, Issue 5) (2021)
    IOS Press
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    Publication Date: 2021-10-26
    Print ISSN: 0378-777X
    Electronic ISSN: 1878-5395
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Political Science , Law
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  • 5
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    Active Pharmaceutical Ingredients (APIs) in Malaysian Tap Water: A Way Forward for Upcoming Legislative Framework (2021)
    IOS Press
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    Publication Date: 2021-10-26
    Description: Active Pharmaceutical Ingredients (APIs) are the ingredients in pharmaceutical, personal care products, and agriculture that are biologically active, causing detrimental effects to humans and the environment. The detection of pharmaceutical contaminants in Malaysian rivers suggests a high risk for the contaminants to reach tap water since the river is the primary source of water intake points for all drinking water treatment plants and the inability of these plants to treat emerging pollutants like the APIs. In response to the issue, this study aims to evaluate selected documents on the characteristics and properties of pharmaceutical contaminants that are harmful and examine how the Malaysian legislative framework could prevent the contaminants in tap water. A systematic search was carried out on selected pharmaceutical-related documents, and content analysis was conducted to discover patterns and ideas within the selected documents. The finding of this study demonstrates that Malaysian legislative framework has the capacity and capability to carry out a risk mitigation on APIs as well as the insertion of selected types of pharmaceutical contaminants as new parameters. This study’s findings provide insights for the improvement of the Malaysian legislative framework against the potential risks of APIs contamination of our tap water.
    Print ISSN: 0378-777X
    Electronic ISSN: 1878-5395
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Political Science , Law
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  • 6
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    The Review of Communal Rights on Geographical Indications: Communal Standpoint as Constraints to Legal Protection (2021)
    IOS Press
    Details
    Publication Date: 2021-10-26
    Description: This study analyzed the protection of Geographical Indications on Trademarks and Geographical Indications is regulated in Law Number 20 of 2016. However, as a communal right, Geographical Indications are quite unique. Not only the stages of the process, such as production process, organization, and quality assurance, are quite complex, but also their process requires key conditions, such as, the awareness and the willingness from the local community to protect the local Geographical Indications. When the idea of protecting Geographical Indications is met with resistance from the local community, the communal entitlement to the Geographical Indications needs to be questioned.
    Print ISSN: 0378-777X
    Electronic ISSN: 1878-5395
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Political Science , Law
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  • 7
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    The Responsibility of the Indonesian Government to Fulfill the Rights to Water During the COVID-19 Pandemic: Some Legal Issues (2021)
    IOS Press
    Details
    Publication Date: 2021-10-26
    Description: Indonesia has enough access to freshwater resources of the planet. However, uneven distribution together with mediocre water management and a lack of water infrastructures make a significant number of households in this country have inadequate access to safe water. This becomes big issues, because the provision of safe water, sanitation and hygienic conditions are essential to protect human health and save humanity during the Covid-19 pandemic. When this article was written, COVID-19 patients who were confirmed to be infected were in all Indonesian provinces, with the largest numbers of patients located in Java. The purpose of this study is to determine the efforts of the Indonesian government to fulfill its responsibilities in fulfilling clean water during a pandemic. The study collects all regulations and policies concerning clean water and an analyses them using doctrinal method. The result of the study shows that although there are enough regulations governing the use of clean water, they have not resolved the problem of clean water fulfillment. In overcoming water needs during the pandemic, the Indonesian government did not make additional efforts other than those previously planned in the Strategic Plan of the Ministry of Public Works and Housing. The disruption of the economy has an impact on state finance, causing the government to refocus budgeting. As a result, many programs related to clean water are postponed. This minimum effort by government is neglecting its responsibility in fulfilling the right to water. The government must emulate how to fulfill the needs for water during the pandemic from other countries and using this situation to fix the problem of clean water in Indonesia
    Print ISSN: 0378-777X
    Electronic ISSN: 1878-5395
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Political Science , Law
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  • 8
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    Integrating Environmental Requirements into Vietnamese Sectoral Laws: Some Legal Issues (2021)
    IOS Press
    Details
    Publication Date: 2021-10-26
    Description: The need for sustainable development underscores the role and importance of integrating environmental concerns in non-environmental policies because it is evident that environmental regulations only are insufficient to manage all environmental issues. Law enforcement on environmental protection in Vietnam clearly demonstrates this situation. Vietnam’s legal system of environmental protection is incompatible or overlapped with other sectoral laws and in fact many environmental matters have been implemented in accordance with sectoral laws while disregarding environmental considerations due to the lack of specific and explicit environmental provisions or requirements in sectoral laws and regulations. From that situation, the paper emphasizes the need to integrate environmental protection requirements into the sectoral laws of Vietnam and proposes some fundamental criteria and procedures to integrate environmental requirements into sectoral laws.
    Print ISSN: 0378-777X
    Electronic ISSN: 1878-5395
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Political Science , Law
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  • 9
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    Do We Need an International Instrument for the Recognition of the Right to a Healthy Environment? (2021)
    IOS Press
    Details
    Publication Date: 2021-10-20
    Description: Environmental degradation is continuing globally despite various international environmental treaties. If the right to a healthy environment is recognised by a global instrument, this international recognition of this right could enhance the implementation and enforcement of various multilateral environmental agreements. Moreover, the international recognition of this right to a healthy environment could create a level playing field at the international level to ensure better balancing of competing interests. Furthermore, an international instrument for the recognition of this right is necessary to address many environmental challenges including climate change, the loss of biodiversity, marine pollution, long-range air pollution and plastic pollution which have global or trans-boundary dimensions. A second optional protocol to the ICESCR as an international instrument for the recognition of the right to a healthy environment could be adopted. It would be the best option for the adoption of an international instrument to recognise the right to a healthy environment.
    Print ISSN: 0378-777X
    Electronic ISSN: 1878-5395
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Political Science , Law
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  • 10
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    Space Debris Mitigation: Some Lessons from International Environmental Law (2021)
    IOS Press
    Details
    Publication Date: 2021-10-14
    Description: The Soviet Union successfully launched Sputnik I in 1957 which led to the era of space activities. Although human race has benefited numerous from space activities, unlimited use of outer space has caused pollutions in outer space and consequently at the earth environment. Space debris has become a threat to the security of space activities. Space debris is the most important of these pollutions that, not only creates numerous threats and risks for Orbiting Satellites, It also has harmful effects on earth environment. During drafting UN space treaties, little attention was paid to environmental problems and these treaties did not mentioned of space debris and its hazards. in recent decades, Ethics of Outer Space activities, paid more attention to the environment of outer space and environmental issue of space activities. Therefore, the experiences of environmental law and its preventive policies can be used to reduce the threat of space debris for peaceful space activities and the environment of space and planet Earth.
    Print ISSN: 0378-777X
    Electronic ISSN: 1878-5395
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Political Science , Law
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