The Presumption Against Extraterritoriality: Pakootas v. Teck Cominco Metals Ltd. and Transboundary Environmental Harm after Morrison v. National Australia Bank Ltd.

2012 ◽  
Author(s):  
Rachael Doyle
Keyword(s):  
Environmental Harm

Reparation for Environmental Damage in Jus Post Bellum

2017 ◽  
Author(s):  
Ilias Plakokefalos
Keyword(s):  
Armed Conflict ◽  
Environmental Law ◽  
Shared Responsibility ◽  
Armed Conflicts ◽  
Environmental Harm ◽  
Environmental Damage ◽  
Jus Post Bellum ◽  
Typical Situation ◽  
Sharing Responsibility

This chapter explores the problems that environmental damage in armed conflict pose to the determination of shared responsibility, and especially the determination of reparations, in the context of the jus post bellum. When two actors are engaged in armed conflict, there arise no serious issues as to sharing responsibility for violations. But the fact that modern armed conflicts often involve more than two actors (e.g. Libya 2011) complicates the matters arising out of environmental harm, as there may be two or more actors contributing to the same harmful event. This is a typical situation of shared responsibility. Shared responsibility provides that the problem of reparations for environmental harm is to be examined in situations where there is a multiplicity of actors that contribute to a single harmful outcome. This definition covers the breach of obligations under jus ad bellum and jus in bello, as well as under international environmental law.

Eco-Struggles

2017 ◽  
Author(s):  
Matthew Gillett
Keyword(s):  
Criminal Law ◽  
Rome Statute ◽  
International Criminal ◽  
War Crimes ◽  
Armed Conflicts ◽  
International Criminal Law ◽  
Crimes Against Humanity ◽  
Environmental Harm ◽  
Jus Post Bellum

This chapter examines the provisions of international criminal law applicable to serious environmental harm, particularly during non-international armed conflicts ('NIAC'). After describing incidents of serious environmental harm arising in armed conflicts, the analysis surveys the provisions of international criminal law applicable to environmental harm during NIACs, including war crimes, crimes against humanity, genocide, and aggression. It then examines the basis for extending to NIACs the protection against military attacks causing excessive environmental harm (set out in Art. 8(2)(b)(iv) of the Rome Statute), which is currently only applicable in IACs. The examination of this possible amendment of the Rome Statute covers a broad range of instruments and laws forming part of international and national legal codes, all addressing grave environmental harm. Finally, the analysis turns to accountability for environmental harm as a facet of jus post bellum, emphasizing the interconnected nature of environmental harm and cycles of violence and atrocities.

Governing the transboundary risks of offshore methane hydrate exploration in the seabed and ocean floor—an analysis on international provisions and Chinese law†

2020 ◽  
Vol 13 (2) ◽  
pp. 185-203
Author(s):  
Dong Yan ◽  
Paolo Davide Farah ◽  
Tivadar Ötvös ◽  
Ivana Gaskova
Keyword(s):  
Methane Hydrate ◽  
Human Life ◽  
Damage Control ◽  
Legal Framework ◽  
Environmental Harm ◽  
Methane Hydrates ◽  
International Role ◽  
Deep Seabed Mining ◽  
The Cost ◽  
The Unclos

Abstract Considering the fact that its existence is abundant while maintaining the ability to generate freshwater while burning, methane hydrates have been classified as sources of sustainable energy. China currently maintains an international role in developing technology meant to explore offshore methane hydrates buried under the mud of the seabed, their primary laboratory being the South China Sea. However, such a process does not come without its hazards and fatal consequences, ranging from the destruction of the flora and fauna, the general environment, and—the greatest hazard of all—the cost of human life. The United Nations Convention on the Law of the Sea (hereinafter ‘UNCLOS’), being an important international legal regime and instrument, has assigned damage control during the exploration of methane hydrates, as being the responsibilities and liability of individual sovereign states and corporations. China adopted the Deep Seabed Mining Law (hereinafter the DSM Law) on 26 February 2016, which came into force on the 1 of May 2016; a regulation providing the legal framework also for the Chinese government’s role in methane hydrate exploratory activities. This article examines the role of the DSM Law and its provisions, as well as several international documents intended to prevent transboundary environmental harm from arising, as a result of offshore methane hydrate extraction. Despite the obvious risk of harm to the environment, the DSM Law has made great strides in regulating exploratory activities so as to meet the criteria of the UNCLOS. However, this article argues that neither the UNCLOS nor the DSM Law are adequately prepared to address transboundary harm triggered by the exploitation of offshore methane hydrates. In particular, the technology of such extraction is still at an experimental stage, and potential risks remain uncertain—and even untraceable—for cross-jurisdictional claims. The article intends to seek available legal instruments or models, to overhaul the incapacity within the current governing framework, and offers suggestions supporting national and international legislative efforts towards protecting the environment during methane hydrate extraction.

scholarly journals Indigenous People, Organized Crime and Natural Resources: Borders, Incentives and Relations

2021 ◽  
Author(s):  
Daan P. van Uhm ◽  
Ana G. Grigore
Keyword(s):  
Natural Resources ◽  
Indigenous People ◽  
Organized Crime ◽  
Indigenous Communities ◽  
Economic Incentives ◽  
Environmental Harm ◽  
Criminological Perspective ◽  
History Of ◽  
Organized Crime Groups ◽  
Criminal Groups

AbstractThis article explores the relationship between the Emberá–Wounaan and Akha Indigenous people and organized crime groups vying for control over natural resources in the Darién Gap of East Panama and West Colombia and the Golden Triangle (the area where the borders of Laos, Myanmar (Burma), and Thailand meet), respectively. From a southern green criminological perspective, we consider how organized crime groups trading in natural resources value Indigenous knowledge. We also examine the continued victimization of Indigenous people in relation to environmental harm and the tension between Indigenous peoples’ ecocentric values and the economic incentives presented to them for exploiting nature. By looking at the history of the coloniality and the socioeconomic context of these Indigenous communities, this article generates a discussion about the social framing of the Indigenous people as both victims and offenders in the illegal trade in natural resources, particularly considering the types of relationships established with dominant criminal groups present in their ancestral lands.

scholarly journals The Governance of Transnational Environmental Harm: Addressing New Modes of Accountability/Responsibility

2008 ◽  
Vol 8 (3) ◽  
pp. 8-24 ◽  
Author(s):  
Michael Mason
Keyword(s):  
Environmental Degradation ◽  
Environmental Governance ◽  
Environmental Politics ◽  
Environmental Harm ◽  
Special Issue ◽  
Global Environmental Politics ◽  
Private Authority ◽  
Global Environmental ◽  
Introductory Paper

Transboundary and global environmental harm present substantial challenges to state-centered (territorial) modalities of accountability and responsibility. The globalization of environmental degradation has triggered regulatory responses at various jurisdictional scales. These governance efforts, featuring various articulations of state and/or private authority, have struggled to address so-called “accountability deficits” in global environmental politics. Yet, it has also become clear that accountability and responsibility norms forged in domestic regulatory contexts cannot simply be transposed across borders. This special issue explores various conceptual perspectives on accountability and responsibility for transnational harm, and examines their application to different actor groups and environmental governance regimes. This introductory paper provides an overview of the major theoretical positions and examines some of the analytical challenges raised by the transnational (re)scaling of accountability and responsibility norms.

Islamic Law and the Environment in Indonesia

2015 ◽  
Vol 19 (2) ◽  
pp. 161-183 ◽  
Author(s):  
Anna M. Gade
Keyword(s):  
Islamic Law ◽  
Local Level ◽  
Environmental Crisis ◽  
Environmental Harm ◽  
Nation State ◽  
Critical Gap ◽  
Legal Opinions ◽  
Environmental Messages

Based on research in Indonesia in 2010–2013, this essay explains how Muslims expect norms of Islamic law to mobilize religious response to environmental crisis. It surveys attempts since the 1990s to develop “environmental fiqh (Muslim jurisprudence)” in Indonesia, justified in theory by rationales such as that actions causing environmental harm stem ultimately from human moral failing, and also that human aims and activities, including those protected by Islamic law, require a healthy biosphere. Many Indonesians expect Islamic ecological rulings to fill a critical gap in global persuasion, and to be successful when other (non-religious) environmental messages fail. Considering several key fatwas (non-binding legal opinions given in answer to a question) from the local level to the national in Indonesia, this paper explains how law and “outreach” (Ind. dakwah) come together to cast Islamic law of the environment in terms of foundational causes and ultimate effects. These religious norms coexist with and complement other globalized constructions (such as those of the nation-state and NGOs) that they increasingly incorporate.

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