1,202 research outputs found
Wetlands of the Pacific
No full textThis chapter provides a synopsis of the international, regional and domestic laws and strategies which relate to wetland conservation in the Pacific. Pacific Island Countries are home to a wide variety of inland and coastal wetlands, including lakes, rivers, mangroves, tidal flats, seagrasses, saltmarshes, and swamps. As this chapter highlights, there is currently limited awareness and scientific support for wetlands in the Pacific, especially in terms of planning instruments but also with regards to technical expertise. This is concerning, as wetlands provide a critical habitat for many freshwater organisms and bird species, as well as considerable benefits for humans in the form of flood control, water purification, and water supply. In this chapter, the authors illuminate the threats and pressures faced by Pacific Island wetlands and discuss some of the legal and policy mechanisms which may be needed to reduce the risks
Mining in the Pacific: Principles and practices for environmental regulation
No full textThis chapter gives an overview of past mining practices in the Pacific, drawing on notorious ‘onshore examples’ with poor regulation including in Papua New Guinea (gold and copper mining) and phosphate mining in Nauru and Banaba. The disastrous legacy of these ventures is still being felt across the Pacific which has traditionally relied upon other industries such as tourism, fisheries, and forestry for their meagre incomes. After discussing the legacy of terrestrial mining (including sand mining), the authors shift the focus to the relatively unchartered territory of deep sea mining (DSM). DSM represents the future of extractive activity in the Pacific, and large deposits are currently being explored and exploited by powerful international interests. This chapter highlights the severely underdeveloped (and under-evaluated) regulatory systems across the region despite some advances by jurisdictions like Cook Islands, PNG, and Fiji. This chapter draws on regulatory literature including the work of Braithwaite, Gunningham, Black, Baldwin, and Levi-Faur to make the case for a stronger ‘risk-based’ approac
Establishing environmental law clinics in China: A review of various models and relevant factors
No full textThis report looks at the factors which affect the establishment of <i>Environmental Law Clinics</i> (ELCs) with a particular focus on models that might be most effective in a Chinese context. The report is the result of desktop research and a study program where five law students and one supervising academic from Queensland University of Technology (Brisbane, Australia) attended Wuhan University Law School (Wuhan, China) in early December 2016. During the visit students conducted a workshop with Wuhan University law students as well as visited several NGOs in Wuhan and Beijing to grasp a better understanding of the environmental issues the country faces. Brief recommendations and a list of relevant factors for consideration for Chinese ELCs are provided at the end of the report
Mining and Coal Seam Gas Law in Queensland: A Guide for the Community
No full textThe book was prepared in response to demand for clear legal information about mining and coal seam gas and is an invaluable public resource, especially in communities where landholders and residents are affected by mining proposals and wish to understand more about their rights and options. The publication includes detailed information on: \ud
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(1) Understanding the types of mining and gas permits and licences; \ud
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(2) How to write effective submissions on mining and gas projects; \ud
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(3) Understanding Environmental Impact Statements; \ud
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(4) How to run a basic objection hearing by yourself in the Land Court. When and how the Federal Government might be involved Enforcing compliance with conditions of approval
The role of NGOs in monitoring compliance under the World Heritage Convention: Options for an improved tripartite regime
No full textThis chapter argues that the World Heritage system needs stronger and clearer mechanisms for enrolling NGOs in regulatory activities. To do this, NGOs need to be authorised and incentivised to take part. The text of the Convention need not be changed, but the institutional bodies that administer the framework (IUCN, ICOMOS and UNESCO) will need to relinquish some regulatory power. The arguments in this chapter are drawn from broader regulatory theories like tripartism, surrogate regulation and regulatory enrolment
The role of non-state actors in promoting compliance with the world heritage convention: An empirical study of Australia's Great Barrier Reef
No full textThis thesis uses qualitative empirical research methods to investigate the role of non-state actors in promoting compliance with the World Heritage Convention. The study focuses on the Great Barrier Reef and traces Australia's interactions with the World Heritage Committee and other institutions between the years 2010 and 2015. The study demonstrates how non-state actors are able to construct their own legitimacy and assert their own authority by building relationships and deploying expertise at discrete times. The findings contribute to the broader regulatory literature on how the World Heritage Convention operates and on the role of non-state actors in regulation
Cultural perceptions and natural protections: A socio-legal analysis of public participation, birdlife and Ramsar Wetlands in Japan
No full textThe aim of this paper is to better understand the relationship Japanese people have with birdlife, wetlands and environmental law. The paper uses a case study of the Japanese ‘red crowned’ crane (the tancho) and Ramsar sites in Eastern Hokkaido to examine Japan’s environmental governance systems and actors and the extent to which they utilize the principle of public participation. The topic is significant because of the urgency with which wetlands and birdlife are being lost in East Asia and the impacts such loss will have on communities and national identity. The observations in this paper have relevance for neighbouring Asian countries like China and Korea both of which have their own cultural perceptions and legal protections to consider
Culture, humility and the law: Towards a more transformative teaching framework
No full textCultural competency has proven less effective than its proponents had envisioned. Disciplines outside of the law (social work, health and psychology) have turned to the more powerful theory of ‘cultural humility’ - a framework for lifelong learning and self-reflection. Cultural humility contends that one can never really ‘master’ another’s culture, but that we ought to remain respectful and reflective in our approach. In this article I make the case for teaching cultural humility in Australian law schools
Save the Reef! Civic crowdfunding and public interest environmental litigation
No full textThis article examines the emerging area of civic crowdfunding, a subset of crowdfunding, as a means of financing public interest environmental litigation. The literature surrounding civic crowdfunding and third party litigation funding is currently underdeveloped. The link between those areas and public interest environmental litigation takes a further step into the unknown. As a case study, the Sea Dumping Case presents exciting opportunities for civil society and access to justice, but further research is needed before any firm conclusions can be drawn
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