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Not a slow burn: the urgent need for a protection mechanism for environmentally displaced persons – The Philippines Asia Pac. J. Environ. Law Pub Date : 2023-12-31 Selina Irene O Ablaza
This article considers whether we should continue to try to force the experiences of environmentally displaced persons to fit the traditional definition of ‘refugees’; or whether we should instead recognize that certain inherent differences necessitate treating persons displaced by climate as a separate category of persons of concern. An argument is made in favour of the latter, which highlights the
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Mainstreaming gender in transboundary water governance: a South Asian perspective Asia Pac. J. Environ. Law Pub Date : 2023-12-31 Stellina Jolly, Shachi Singh, Ashish Saraswat
In South Asia, multiple transboundary river basins are shared by countries of varying size and influence. Sharing the waters of these trans-boundary river systems has been a cause of conflict in the region for over seven decades. Economically, socially, and culturally, the people of South Asia are heavily dependent on these water resources for their sustenance. However, the reliance on water resources
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Comparative analysis of food waste laws in Singapore and Japan: an examination of legal frameworks in hope of achieving Singapore’s zero-waste vision Asia Pac. J. Environ. Law Pub Date : 2023-12-31 Wendy Wong Shih Ling
This article compares food waste laws in Singapore and Japan and analyses similarities and differences in their legal approaches to minimizing food waste across the food supply chain. The research undertaken demonstrates that although there is broad alignment in many aspects of the two countries’ food waste recycling laws, the specific requirements differ significantly due to each country’s unique
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Institutional challenges of monocentric climate governance in the legal system of Iran Asia Pac. J. Environ. Law Pub Date : 2023-12-31 Masoud Faryadi
Iran has, over the last approximately two decades, started to address climate change in its legal system through a number of regulations and institutional arrangements. However, due to various multidimensional challenges, Iran has not achieved considerable success in its climate action. This article examines Iran’s institutional challenges in climate change administration, and discovers that one of
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Editorial Asia Pac. J. Environ. Law Pub Date : 2023-12-31
"Editorial" published on 31 Dec 2023 by Edward Elgar Publishing Ltd.
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Hong Kong-Zhuhai-Macao Bridge: the environmental logic of three EIAs Asia Pac. J. Environ. Law Pub Date : 2023-10-06 David Y K Kwok
This article discusses the Hong Kong-Zhuhai-Macao Bridge from the perspective of environmental protection. What is peculiar about this bridge is that three different sets of environmental impact assessment (EIA) obligations were relevant during its developmental stage. The reason why we see such an oddity is because the Hong Kong-Zhuhai-Macao Bridge, as its name tells, links three different jurisdictions
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Modern slavery: the hidden obstacle to achieving climate justice in the Asia-Pacific region, and beyond Asia Pac. J. Environ. Law Pub Date : 2023-10-06
Journal Name: Asia Pacific Journal of Environmental Law Volume: 26 Issue: 1 Pages: 62-86
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An assessment of the legal and policy framework for participatory forest governance in Bangladesh Asia Pac. J. Environ. Law Pub Date : 2023-10-06 Najnin Begum, Shawkat Alam
A robust and well-designed legal and policy framework is vital for ensuring successful public participation in forest management and engaging local governments and communities in conservation efforts. However, despite the presence of various policies and laws aimed at protecting environmental and biological resources, Bangladesh continues to experience significant depletion of its forest resources
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Climate change and loss and damage in Bangladesh* Asia Pac. J. Environ. Law Pub Date : 2023-10-06 Laurène Barmaz, Karen Makuch, Miriam Aczel, Saleemul Huq
Climate change increasingly affects social, economic and ecological systems, particularly in the most vulnerable regions of the world. The most frequently promoted strategies for handling impacts are mitigation and adaptation. Despite employing these two approaches, ‘loss and damage’ (L&D) may still occur. Thus, a third strategic approach may be needed to help vulnerable communities deal with damage
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Editorial Asia Pac. J. Environ. Law Pub Date : 2023-10-06 Ed Couzens, Tim Stephens, Katie Woolaston, Cameron Holley
"Editorial" published on 06 Oct 2023 by Edward Elgar Publishing Ltd.
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Mapping and assessing the Supreme Court of India’s jurisprudence on sustainable development in light of the SDGs: from Vellore Citizens Welfare Forum to Hanuman Laxman Aroskar Asia Pac. J. Environ. Law Pub Date : 2023-05-12 Florian Müller
The 2015 adoption of Agenda 2030 with its 17 Sustainable Development Goals represents a new approach to promoting sustainable development. This article examines the potential openness of the Supreme Court of India to utilize Agenda 2030 rhetoric by looking at the Court’s case law. For this purpose, landmark cases that advanced the Court’s understanding of sustainable development are analyzed in order
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The New South Wales Heritage Act Review: a misdirected inquiry with a questionable purpose Asia Pac. J. Environ. Law Pub Date : 2023-05-12 Kirk Daniel Gehri
The New South Wales (‘NSW’) government published a discussion paper in April 2021 to encourage debate prior to commencing a review of the Heritage Act 1977 (NSW) ‘Heritage Act’. The paper had three key themes: making heritage easy, putting heritage to work and making heritage relevant. An inquiry into the review was referred to the Legislative Council Standing Committee on Social Issues. Multiple public
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Editorial Asia Pac. J. Environ. Law Pub Date : 2023-05-12 Katie Woolaston, Cameron Holley, Manuel Solis, Saiful Karim, Kate Owens
"Editorial" published on 12 May 2023 by Edward Elgar Publishing Ltd.
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Book Review: Sven Rudolph and Elena Aydos, Carbon Markets around the Globe: Sustainability and Political Feasibility (Edward Elgar, 2021) 272 pp. Asia Pac. J. Environ. Law Pub Date : 2022-10-01 Celeste M Black
"Book Review: Sven Rudolph and Elena Aydos, Carbon Markets around the Globe: Sustainability and Political Feasibility (Edward Elgar, 2021) 272 pp." published on Oct 2022 by Edward Elgar Publishing Ltd.
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Challenges in marine plastic pollution regulation in Indonesia Asia Pac. J. Environ. Law Pub Date : 2022-10-01 Linda Yanti Sulistiawati
Indonesia has ratified a number of international instruments related to marine plastic pollution (MPP); however, these international instruments are dependent on national and local regulations for effect. This study highlights challenges in MPP Regulations in Indonesia, grouped as regulation complexities, and technical challenges. Regulation complexities in MPP in Indonesia include the fact that laws
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Restorative justice conferencing in an environmental offending context: the role of legislation Asia Pac. J. Environ. Law Pub Date : 2022-10-01 Mark Hamilton
Narrow conceptualizations of victimhood following environmental offending are slowly giving way to more inclusive understandings. Such victimhood being inclusive of individuals (living and future generations), communities (Indigenous and non-Indigenous), the environment, and commercial operators. Prosecution and traditional court processes fail to accommodate such victims, meaning the harm occasioned
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Climate-induced displacement from Pacific Island states: evaluating international legal frameworks and Australia’s role in facilitating pathways forward Asia Pac. J. Environ. Law Pub Date : 2022-10-01 Victoria Chen
Anthropogenic climate change is driving incidences of climate-induced migration and displacement, with many Pacific Island states at the forefront of this crisis. This article analyses the suitability of existing and proposed legal frameworks in accommodating protections for climate displaced persons. It does so against the backdrop of climate justice considerations and an exploration of the ‘framing’
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The specific nature of environmental damage and the ‘conventionality’ of its assessment as factors hindering the development of environmental insurance in the Russian Federation Asia Pac. J. Environ. Law Pub Date : 2022-10-01 Elena Sergeevna Boltanova, Maxim Vladimirovich Kratenko
This examination of Russian legislation and jurisprudence on compensation for damage to natural resources (environmental damage) concludes that this type of liability is regulated haphazardly. Despite clarification by the highest courts on preference of in-kind recovery, the fiscal approach prevails. In 99 percent of cases supervisory authorities sue the polluter for monetary compensation for damage
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Editorial Asia Pac. J. Environ. Law Pub Date : 2022-10-01 Katie Woolaston, Cameron Holley, Manuel Solis, Saiful Karim, Kate Owens
"Editorial" published on Oct 2022 by Edward Elgar Publishing Ltd.
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The Indonesian paradox in the Anthropocene Asia Pac. J. Environ. Law Pub Date : 2022-06-01 Agung Wardana
The reality of the Anthropocene evidences the failure of environmental governance to stop human encroachment on the planetary limits. One valuable way to understand the Anthropocene is by considering how a particular country contributes to it, and is affected by it. In this regard, Indonesia provides an interesting narrative: on the one hand, Indonesia has contributed to this planetary crisis, especially
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Climate loss and damage in Pacific Island States: International law implications of evolving climate science Asia Pac. J. Environ. Law Pub Date : 2022-06-01 Zoe Nay, Margaretha Wewerinke-Singh, Willy Missack
This article discusses the implications of recent developments in climate science for the efforts of Pacific Island States to avert, minimize and address loss and damage from climate change through international law. It discusses these implications in connection with three areas of international law pertaining to loss and damage: averting the threat of existential losses; minimizing loss and damage
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Bangladesh-India water sharing cooperation: An analysis from the perspective of the International Environmental Law Principles Asia Pac. J. Environ. Law Pub Date : 2022-06-01 Mohammad Pizuar Hossain
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
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A plea for survival: Can the return to eco-centrism strengthen the legal protection of nature in Sri Lanka? Asia Pac. J. Environ. Law Pub Date : 2022-06-01 Asanka Edirisinghe, Michelle Lim
The right to life of all living beings and the duty of humans to co-exist with nature have been recognized in Sri Lankan tradition and religious practice for centuries. Yet, environmental destruction, degradation and pollution due to human activities have become a common phenomenon in contemporary Sri Lanka. Anthropocentric thinking pervades Sri Lankan jurisprudence. Laws and judicial decisions have
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Editorial Asia Pac. J. Environ. Law Pub Date : 2022-06-01 Cameron Holley, Kate Owens, Katie Woolaston, Manuel Solis, Saiful Karim
"Editorial" published on Jun 2022 by Edward Elgar Publishing Ltd.
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A continuing mandamus to enforce rights to adequate housing in the era of super typhoons Asia Pac. J. Environ. Law Pub Date : 2021-09-01 Amiel Ian Valdez
The era of super typhoons is here and is predicted to linger due to anthropogenic climate change. Disasters triggered by these typhoons have caused not only loss of lives, but also displacements of people who are left without houses, properties and livelihoods. Using the Philippine experience, this article examines the legal standard of right to adequate housing under the international human rights
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A review of domestic waste management policy and law in Singapore Asia Pac. J. Environ. Law Pub Date : 2021-09-01 Rosie Syme
An effective waste management system is, and has always been, essential infrastructure, particularly given the potential for waste to adversely impact the surrounding environment. In recent decades, however, there has been growing awareness of the scale, breadth and immediacy of those adverse impacts, and of the unsustainability of the enormous (and increasing) amount of waste society generates. Governments
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Law reform for life: how to unleash the guiding principles of ecologically sustainable development to improve human relationships with (the rest of) urban biodiversity Asia Pac. J. Environ. Law Pub Date : 2021-09-01 Lachlan Penninkilampi
Urbanization is arguably the most severe and irreversible driver of environmental change, particularly with respect to biodiversity. This is the case even in Australia, a megadiverse country with a sophisticated federal regime of biodiversity governance. Yet, life persists in urban worlds. In the context of global climate and ecological crises, this article endeavours to illustrate how law and policy
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Combating marine invasive alien species effectively in Australia Asia Pac. J. Environ. Law Pub Date : 2021-09-01 Kenny Ng
Marine invasive alien species are sea-based organisms that are non-native to a marine ecosystem, and which can or have spread to a degree that has an adverse impact on biodiversity and human livelihoods. In a globalized and inter-connected world, the threats posed by marine invasive alien species are here to stay. Accordingly, it often has been lamented that the threats from marine alien species are
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The role and impact of environmental class actions in Australia Asia Pac. J. Environ. Law Pub Date : 2021-09-01 Brooke Dellavedova
Class actions provide a mechanism for grouping together like claims; and, in doing so, can enhance access to justice and the integrity of our democratic processes. Environmental class actions have an important role to play in environmental governance including by providing compensation and remediation, shaping norms of conduct and promoting accountability. There are, however, various limitations on
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Editorial: Environmental class actions; marine alien invasive species; urban biodiversity; domestic waste management; and housing rights in the face of typhoons Asia Pac. J. Environ. Law Pub Date : 2021-09-01 Ed Couzens, Tim Stephens, Cameron Holley, Saiful Karim, Kate Owens, Manuel Solis, Katie Woolaston
"Editorial: Environmental class actions; marine alien invasive species; urban biodiversity; domestic waste management; and housing rights in the face of typhoons" published on Sep 2021 by Edward Elgar Publishing Ltd.
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Implementing Islamic law to protect the environment: insights from Singapore, Malaysia, and Indonesia Asia Pac. J. Environ. Law Pub Date : 2020-12-01 Shazny Ramlan
Religious codes possess social control effects that can potentially change the behaviour of their adherents towards becoming pro-environment. In the case of Islam, Muslim-majority states since the time of the Prophet Muhammad have implemented Islamic environmental law to this effect. Unfortunately, accounts of its implementation today in the legal literature are scant, thereby requiring fresh insights
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The forest and its biodiversity: assessing the adequacy of biodiversity protection laws in Indonesia Asia Pac. J. Environ. Law Pub Date : 2020-12-01 Laely Nurhidayah, Shawkat Alam
Forests are a critical component of biodiversity and are essential for a wide range of ecosystem services. There is a rapid and alarming decline of biodiversity worldwide. Indonesian biodiversity, in particular, is increasingly under serious threat of environmental degradation as a result of the prevalence of criminal activities such as deforestation, poaching, illegal wildlife trade, and forest fires
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Editorial Asia Pac. J. Environ. Law Pub Date : 2020-12-01 Ed Couzens, Tim Stephens, Katie Woolaston, Manuel Solis, Kate Owens, Saiful Karim, Cameron Holley, Evan Hamman
"Editorial" published on Dec 2020 by Edward Elgar Publishing Ltd.
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Legal rights for the Turag: rivers as living entities in Bangladesh Asia Pac. J. Environ. Law Pub Date : 2020-12-01 Mohammad Sohidul Islam, Erin O'Donnell
In 2019, Bangladesh joined the ever-growing list of countries to recognize rivers as living entities with legal rights. The Bangladesh Rivers case is another example of advocacy from the Supreme Court in Bangladesh, and the article explores the relationship between the executive and the judiciary, and the ongoing role the judiciary has played in water law reform. The Court based its decision on a novel
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Tackling biopiracy in Southeast Asia: the need for a legally binding regional instrument Asia Pac. J. Environ. Law Pub Date : 2020-05-15 Jinyup Kim
Biopiracy, largely defined as misappropriation of biological resources and associated traditional knowledge, has occurred all around the world. Southeast Asia, one of the world's biodiversity hotspots, has been a victim of biopiracy in a number of cases across the region. Despite the high occurrence of the exploitation of resources, the region has not responded to the problem of biopiracy adequately
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Do the Conventions on the Law of the Sea and Biological Diversity adequately protect marine biota from anthropogenic underwater noise pollution? Asia Pac. J. Environ. Law Pub Date : 2020-05-15 Guy Dwyer,Tristan Orgill
Anthropogenic underwater noise pollution (AUNP) generated by, inter alia, commercial shipping, military exercises, the use of sonar and seismic surveys has increased dramatically since the early 1950s. This has caused or contributed to the death and suffering of marine biota.International and domestic law must adequately regulate AUNP in order for this transboundary and transjurisdictional form of
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Editorial: Human and environmental rights, protection of biological diversity, and marine spatial planning in the Asia Pacific region Asia Pac. J. Environ. Law Pub Date : 2019-11-29 Ed Couzens,Tim Stephens,Evan Hamman,Cameron Holley,Saiful Karim,Kate Owens,Manuel Solis
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Marine spatial planning for Bangladesh: a critical analysis of the legal and institutional regimes Asia Pac. J. Environ. Law Pub Date : 2019-11-01 Asraful Alam
The current arrangements for the management of the marine resources of Bangladesh are not adequate for sustainable management. Marine Spatial Planning (MSP) may be a tool to achieve sustainable management of marine resources. The Government of Bangladesh is planning for the development of MSP for sustainable management of the marine resources in the Bay of Bengal. However, a clear understanding of
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GMOs, pests and participatory and representative democracy in decision-making about GM activities in New Zealand Asia Pac. J. Environ. Law Pub Date : 2019-11-01 Nicola Wheen,Heidi Baillie
Pests, especially rats, stoats and possums, pose a significant threat to New Zealand's endemic biodiversity. Genetic modification (GM) offers a potential new means of controlling these pests. However, GM is a ‘hot’ environmental problem (it has complex and controversial social, cultural and economic dimensions) in this country. No genetically modified organisms (GMO) have been released into the New
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Environmental rights in the Asia Pacific region: taking stock and assessing impacts Asia Pac. J. Environ. Law Pub Date : 2019-11-01 Joshua Gellers,Chris Jeffords
Since their emergence in the 1970s, human rights relating to environmental protection have spread all over the world and continue to find homes in an ever-growing list of national constitutions. These provisions mainly fall into one of three categories – substantive, procedural, or derivative environmental rights. Over the last two decades, the proliferation of these rights has caught the attention
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Regional cooperation for protection of the marine environment in Southeast Asia: current trends in the South China Sea Asia Pac. J. Environ. Law Pub Date : 2019-05-01 Amber Rose Maggio
This article explores current trends in regional cooperation in the South China Sea with regard to marine environmental protection. While there are a large number of bodies engaged in some way in issues relating to the marine environment, this region faces some serious challenges in cooperative efforts. Thus, the article gives an overview of the current cooperation landscape, highlights the most serious
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Corruption and the forestry industry in Papua New Guinea: transnational actors, local dynamics and environmental impact Asia Pac. J. Environ. Law Pub Date : 2019-05-01 Hannah Harris
Corruption and environmental degradation are interrelated challenges. In Papua New Guinea (PNG), the relationship between corruption and the environment can be seen in the continuing corruption that exists in the country's forestry industry. The article focuses on key actors, values and interests across geographic and institutional spheres who contribute to corrupt incentives in PNG. The PNG government
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Book review: Benoit Mayer, The International Law on Climate Change (Cambridge University Press, 2018) 302 pp. Asia Pac. J. Environ. Law Pub Date : 2019-05-01 Michael Addaney
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Editorial: Forests, corruption, environmental degradation, protection of species and cooperation in the Asia Pacific region Asia Pac. J. Environ. Law Pub Date : 2019-05-01 Tim Stephens,Ed Couzens,Saiful Karim,Cameron Holley,Kate Owens
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Complying with Australia's illegal logging laws: tough reality after a soft start? Lessons from the United States and the European Union Asia Pac. J. Environ. Law Pub Date : 2019-05-01 Beatriz Garcia, Jonathan Verschuuren
Australia’s new illegal logging laws aim at prohibiting the import of illegally harvested forest products from around the world. Soon after adoption, and following an intense debate on the expected costs of compliance, the legislation was reviewed and the proposed amendments finally disallowed. As of 2018 stricter enforcement actions were announced. This article identifies compliance issues observed
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Listening to nature's voice: invasive species, Earth jurisprudence and compassionate conservation Asia Pac. J. Environ. Law Pub Date : 2019-05-01 Sophie Riley
Humanity’s land management practices reconstruct nature by destroying and degrading habitats, species and ecosystems, and creating environmental imbalance. The latter can manifest in overabundant or invasive species, imposing a welfare burden on unwanted animals when they are targeted for eradication and control. Such approaches not only overlook animal wellbeing, but also ignore the role that humans
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Implementing Solomon Islands’ Protected Areas Act: opportunities and challenges for World Heritage conservation Asia Pac. J. Environ. Law Pub Date : 2018-11-01 Stephanie Price
The inscription of East Rennell in Solomon Islands on the World Heritage List was a landmark in the implementation of the World Heritage Convention. However, the site is now on the List of World Heritage in Danger, threatened by resource development, invasive species, climate change and the over-harvesting of certain animals. This article examines the scope for the Protected Areas Act of 2010 to be
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Public participation: how can we make it work for the environmental impact assessment system in Thailand? Asia Pac. J. Environ. Law Pub Date : 2018-11-01 Wanida Phromlah
Currently, in Thailand, proposed development projects require an Environmental Impact Assessment (EIA) as part of the approval process. Effective public participation in the process of developing an EIA helps to ensure fairness and equity for the EIA system. It enables stakeholders to share information and exchange views concerning the complex issues and likely impacts of the proposed development project
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Marine Protected Areas in Fiji: a critical assessment of ‘Community Fisheries Management and Development Plans’ as a mechanism for formalising customary MPAs, in particular LMMAs Asia Pac. J. Environ. Law Pub Date : 2018-11-01 Emily Long
Fiji's National Government has committed to using Marine Protected Areas (MPAs) to protect its marine environment. As Fiji is in the process of reforming its marine law, now is an opportune time to develop statutory mechanisms for establishing and regulating MPAs. This article considers the regulation of MPAs in Fiji's coastal waters—where the intersection of statutory and customary law poses particular
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The National Green Tribunal in India: examining the question of jurisdiction Asia Pac. J. Environ. Law Pub Date : 2018-11-01 Nupur Chowdhury,Nidhi Srivastava
Can a tribunal deliver justice? By posing this rhetorical question this article attempts to contextualize the introduction of the tribunal system of adjudication in India. Some of these tribunals have been able to evolve into mechanisms that have overcome their birth infirmities. The Supreme Court has intervened and supported strengthening of these tribunals and their evolution into entities (if not
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Editorial: Governance and development in the Asia Pacific region Asia Pac. J. Environ. Law Pub Date : 2018-11-01 Ed Couzens,Tim Stephens,Manuel Solis,Saiful Karim,Cameron Holley
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Sustaining the unsustainable? Environmental impact assessment and overdevelopment in Bali Asia Pac. J. Environ. Law Pub Date : 2018-11-01 Carol Warren, Agung Wardana
Bali faces serious environmental crises arising from overdevelopment of the tourism and real estate industry, including water shortage, rapid conversion of agricultural land, pollution, and economic and cultural displacement. This article traces continuities and discontinuities in the role of Indonesian environmental impact assessment (EIA) during and since the authoritarian ‘New Order’ period. Following
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The potential role of climate change litigation in furthering the mitigation objectives of the Paris Agreement Asia Pac. J. Environ. Law Pub Date : 2018-05-01 Bridie Butterfield
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Editorial: Public participation and the protection of biodiversity in the Asia Pacific region Asia Pac. J. Environ. Law Pub Date : 2018-05-01 Ed Couzens,Tim Stephens,Saiful Karim
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Marine biodiversity laws in Indonesia and Australia: mapping similarities and differences Asia Pac. J. Environ. Law Pub Date : 2018-05-01 Laely Nurhidayah
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Tropical forests: present reality, future prospects Asia Pac. J. Environ. Law Pub Date : 2017-08-21 Edward Davey
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