To save content items to your account,
please confirm that you agree to abide by our usage policies.
If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account.
Find out more about saving content to .
To save content items to your Kindle, first ensure no-reply@cambridge.org
is added to your Approved Personal Document E-mail List under your Personal Document Settings
on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part
of your Kindle email address below.
Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations.
‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi.
‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
The development of satellite mega-constellations promises substantial benefits but also exacerbates environmental risks, including primarily the proliferation of space debris, interference with astronomy, and effects on the atmosphere. This article explains the critical role of environmental impact assessments (EIAs) in ensuring the sustainable development of mega-constellations and argues that EIAs should be regarded as part of existing international space law. On the one hand, heightened environmental risks from space activities render EIAs increasingly relevant, if not indispensable, for implementing the obligations under Article IX of the Outer Space Treaty. On the other hand, while Article III of the Treaty enables the application of general international law on EIAs to outer space, its scope is constrained to activities that are likely to cause a significant adverse impact. The analysis also addresses the operationalization of EIAs with regard to mega-constellations by identifying the responsible state, assessing the significance of environmental impacts, articulating minimum standards, and developing appropriate mechanisms.
Climate change threatens terrestrial and aquatic species, worsened by habitat encroachments. Greater pressures on ecosystems, and renewable-energy infrastructure needs, require environmental impact assessments, still weak in the region. Climate threats compel certifications for sustainable cultivation, but certifications often disadvantage cultivators unable to qualify. The conservation impulse spawns protected reserves, threatening vulnerable people unprotected by benefit sharing. “Customary law communities” in some countries limit destructive land-use changes, and have progressed in regaining natural-resource rights, but migration, cultivation bans, and state manipulations threaten their recognition. Climate-induced pest proliferation requires pesticides, but ecosystem and health hazards of chemical pesticides call for biopesticides. Because of regional pest variations, domestic biopesticide production is promising. Smallholder adaptation can be enhanced through payments for environmental services preventing environmental degradation or enhancing the ecosystem. Effective ecosystem protection and restoration can also be enhanced through co-management arrangements.
Despite the growing number of multilateral environmental treaties since the 1972 Stockholm Conference on the Human Environment, the inter-link between the legal regimes governing the protection of the marine environment (marine regimes) and those governing the protection of international watercourses (freshwater regimes) has attracted only limited attention. The absence of an inter-link between these legal regimes is problematic particularly in the context of the prevention of marine plastic pollution via international watercourses. While marine and freshwater regimes have been developed as distinct disciplines of international law, one can find some common principles/obligations, such as the no-harm principle, the obligation to protect the environment, the obligation to conduct an environmental impact assessment, and the obligation to cooperate. On the basis of these common principles/obligations, this chapter explores the inter-link between the marine and freshwater regimes in the prevention of land-based marine plastic pollution.
Early design decisions are central to many circular economy approaches and largely determine environmental impacts. Yet LCA practice is often fragmented and difficult to integrate into engineering development processes. This paper proposes an MBSE approach that represents and computes LCA-based (LCIA) impact indicators within SysML models using reusable, configurable model elements and automated import of characterization factors. A proof-of-concept implementation demonstrates technical feasibility, illustrates process integration, and discusses limitations and future work.
This chapter concerns international environmental law. It commences with a consideration of an argued human right to a clean environment and the increasing case law on this issue. The relationship between economic development and environmental protection is also addressed, before the key question of state responsibility is surveyed. The appropriate standard, whether or not actual damage is caused, the question of transboundary harm arising from hazardous activities, environmental impact assessments, the precautionary and polluter-pays principles are examined before turning to the range of international treaties on this topic. The question of atmospheric pollution is addressed before the chapter turns to a consideration of climate change and the various international instruments concerning this, including the important Paris Agreement of 2015. Environmental issues and outer space are then discussed, followed by a section on international watercourses and one on ultra-hazardous activities. Questions as to the requirements for the provision of information and assistance are covered.
This article examines how the identification and assessment (I&A) of adverse environmental impacts (AEI) within corporate value-chain due diligence (VCDD) norms under the Guidelines of the Organisation for Economic Co-operation and Development (OECD) is normatively designed, and how it can be distinguished from similar legal requirements that already bind corporations to perform environmental impact assessments (EIAs). Through a systematic analysis of specific instances of National Contact Points (NCPs), the article investigates how these expectations have been interpreted and applied in practice in environmental disputes raising claims concerning the I&A due diligence stage. The findings highlight inconsistencies in how NCPs handle such claims and showcase the interpretative divergences concerning the ways in which they perceive the interplay between these VCDD expectations and other host-state legal requirements that bind corporations to conduct assessments of environmental impacts. Based on the analysis, the article then reflects on the specificities of I&A expectations, as well as on avenues for future research. The research argues that VCDD requirements for corporations to identify and assess adverse environmental impacts should be interpreted as setting independent normative commands that warrant a specific compliance assessment. The article concludes by issuing recommendations concerning the ways in which I&A expectations should be interpreted in practice to avoid blurring the boundaries between two distinct layers of home- and host-state regulation.
The intersection between climate change, energy transitions and the circular economy highlight the opportunities and contestations between different efforts to mitigate the complex environmental challenges we face. The energy we use to extract, manufacture, remanufacture and dispose of our material world is a major contributor to diverse climate impacts, an issue which is compounded by linear economic models that necessitate eternal extraction. Yet many of the materials we depend upon are exceptionally efficient at enabling functions that facilitate social, economic and environmental sustainability. This dichotomy is arguably most acutely debated in the world of polymers and plastics. While recycling has long been touted as a solution space for plastic sustainability, a plethora of chemists, biologists and engineers have more recently expanded global research in this direction. The resultant proliferation of terms like ‘up-’ or ‘down-’ or ‘re-’cycling that frame these opportunities are often poorly defined as value propositions. The danger lies in directions acting as a barrier to circularity, or even greenwashing transformations. Herein, we explore the value judgements and verifications of this directionality, investigate how we can better define these value judgements from a systems sustainability perspective and evaluate different proposed approaches and their barriers across different supply chains and sectors.
Current scholarship often views international environmental law (IEL) through a crisis or ambition lens. The “crisis lens” apologizes for the limitations of doctrinal methods in resolving disputes. The “ambition lens” seeks to align IEL with a planetary perspective but is criticized for utopianism. We offer a social-systems-theoretical alternative. IEL’s ability to learn and adapt to social change also depends on sustaining law’s function of stabilizing expectations. This constitutes the core of Luhmann’s theory of operative closure. We devise three hypotheses to reconstruct IEL’s operative closure and apply them to the South China Sea. Hypothesis 1: Environmental impact assessment norms address the problem of contingency management. Hypothesis 2: Due diligence norms address the problem of confidence maintenance. Hypothesis 3: Cooperation norms address the problem of trust retention. Our analysis shows that reconstructing IEL’s operative closure reveals its societal responsiveness. This presents a new critical lens for observing IEL’s social phenomena.
Cumulative environmental harms pose pronounced challenges for human recognition, understanding, acceptance, and action. This chapter harvests insights across a wide range of disciplines to unpack the challenges involved in dealing with cumulative environmental problems. These insights point to a crucial role for well-crafted law and policy in responding to cumulative environmental problems. Analyzing cross-disciplinary insights about key challenges produces a framework of four integrated functions required for effective regulatory responses to cumulative environmental problems – the CIRCle Framework: (1) conceptualization: clearly and consistently conceptualizing the matter of concern that experiences cumulative impacts; (2) information: collecting, sharing, and analyzing information about environmental conditions, threats and benefits, rules and activities; (3) regulatory intervention: intervening to ensure cumulative impacts remain within an acceptable range; and (4) coordination among governments and stakeholders to undertake or contribute to the other functions.
Information is critical for understanding the conditions of what we care about and cumulative threats to it, so that we can design rules for intervention to protect or restore it. This is about more than just predicting cumulative impacts in the context of project-level environmental impact assessment. It requires gathering and aggregating, in an ongoing way, comprehensive, high-quality and shareable data and analysis, allocating and managing the costs of doing so, and ensuring that information is shared and can be accessed by governments, affected communities, and other stakeholders. Regulatory systems for addressing cumulative environmental problems should be information-makers rather than information-takers. Rules should actively shape the information that is produced, aggregated, analyzed, shared, and understood as legitimate to understand and respond to cumulative environmental problems. More than just a technical issue, information is about power and accountability for cumulative harm and responding to it – a critical influence on environmental democracy, environmental justice, and the rule of law. Real-world examples are provided of regulatory mechanisms that deal with information-related barriers to addressing cumulative environmental problems.
Chapter 2 explores the constitutive elements of global environmental governance. International environmental governance works when states fulfill the commitments they undertake under international law, such as the obligation to exchange information on transboundary environmental risks and impacts and the duty to notify and consult with other states with regard to such risks and impacts. Mechanisms of global environmental governance include also environmental impact assessments and strategic impact assessments. The chapter examines, furthermore, how the monitoring, control, and surveillance (MCS) of compliance with international environmental obligations has been modernized by the wide application of technologies. It explores whether green democracy has become a universal aspirational principle, and how the system for the protection of human rights has been used as a tool for the protection of the environment, lending support to the emergence of a right to a healthy environment. Whether nature, as a legal entity, should be accorded rights and have a say on the development plans of states is also analyzed.
Cumulative environmental impacts are a central problem that contemporary environment-related laws must face, from laws that allocate natural resources such as forests and water, to rights-based approaches to nature and human health. This introduction sketches the basic characteristics of a cumulative environmental problem – accumulating, incremental harms at different scales, caused by many and diverse actors, with the added complexity of interacting and uncertain effects addressed by multiple legal regimes. It explains why addressing cumulative environmental problems requires reaching across disciplines, legal contexts, and jurisdictions. The CIRCle Framework is introduced - a Framework of four integrated functions of formal rules for responding to cumulative environmental problems – conceptualization, information, regulatory intervention, and coordination. The chapter also introduces case studies of laws addressing environmental justice concerns related to groundwater in the Central Valley of California, cumulative harms to the biodiversity of the Great Barrier Reef, Australia, and cumulative impacts to grasslands as biocultural landscapes in South Tyrol, Italy.
This chapter provides a bird’s eye view of the landscape of laws that can deliver the CIRCle Framework functions of conceptualization, information, regulatory intervention, and coordination to address cumulative environmental problems. Its scope is broad, covering traditional and customary laws; environmental impact assessment and strategic environmental assessment; natural resources, land use planning, conservation, pollution, and other environment-related laws; and broader areas of public law, including constitutional environmental rights. It also discusses the way international treaties and development bank policies deal with cumulative impacts. The chapter provides a simple compass for navigating this landscape: considering whether the dominant focus of the law is a matter of concern that is threatened by cumulative impacts (e.g., environmental justice, national parks), impacts (e.g., environmental impact assessment, water pollution), or activities (e.g., road construction, mining), or whether it instead indirectly influences a cumulative environmental problem (e.g., laws for intergovernmental coordination).
Cumulative environmental problems are complex, insidious, slow-motion tragedies that are all too common, from biodiversity loss, to urban air pollution, to environmental injustice. Taking an interdisciplinary, comparative and applied approach, this book offers a new framework for designing solutions using four integrated regulatory functions: Conceptualization, Information, Regulatory intervention and Coordination (the CIRCle Framework). Rules that deliver these functions can help us to clarify what we care about, reveal the cumulative threats to it and do something about those threats – together. Examples from around the world illustrate diverse legal approaches to each function and three major case studies from California, Australia and Italy provide deeper insights. Regulating a Thousand Cuts offers an optimistic, solution-oriented resource and a step-by-step guide to analysis for researchers, policymakers, regulators, law reformers and advocates. This title is also available as open access on Cambridge Core.
Chapter 3 identifies the distinct but intertwined principles of sustainable development that particularly found resonance in the IFIs. It discusses the posited link between the two, with public participation serving as the procedural component of sustainable development, which in substance requires the integration of environmental, social, and economic concerns. The proceduralization of the concept is analyzed in relation to similar trends in international environmental law, international human rights law, and international economic (trade and investment) law.
This study presents a novel approach using machine learning, specifically Random Forest modelling, to create a sensitivity map that addresses the conflict between offshore wind farms (OWFs) and wintering waterbirds in the southern Baltic Sea. This region is crucial or of great importance for wintering species such as the Long-tailed Duck Clangula hyemalis and Velvet Scoter Melanitta fusca. In 2020, the southern and central Baltic Sea hosted approximately one million wintering birds, including over 560,000 Long-tailed Ducks (35% of the species’ biogeographical population), 230,000 Velvet Scoters (41% of the global population), and 4,500 Black Guillemot Cepphus grylle (8% of the Baltic population). Within the Polish Exclusive Economic Zone (PEEZ), 21 wind farms are planned, totalling a capacity of 17.6 GW with an estimated 1,164 turbines. To assess potential risks, a Normalised Overlap Index (NOI) was calculated for each wind farm, quantifying the level of potential threat to wintering birds. High conflict zones, such as the Southern Middle Bank and Pomeranian Bay, were identified, where wind farms significantly overlap with areas of high bird density. Although the wind farms do not intersect with Natura 2000 sites, partial overlaps with Important Bird Areas (IBAs) were noted. The method developed in this study not only addresses the challenges in the Baltic Sea but also offers potential applications in other marine and terrestrial environments. This framework provides a novel tool for evaluating and mitigating the impacts of renewable energy development on wildlife, contributing to the sustainable expansion of green energy solutions globally.
Reducing plastic pollution of the Antarctic environment is a priority for the Antarctic Treaty Consultative Meeting (ATCM) and Council of Managers of National Antarctic Programs (COMNAP). Polyester flags mounted on bamboo poles are commonly used by governmental and tourism operators as markers of safe travel routes, scientific equipment and depots in snow-covered areas. Polar environmental conditions can rapidly degrade polyester flags, resulting in plastic release into the environment. This study aimed to quantify the degree of polyester flag degradation and investigate alternative, less polluting flag types. Pre-weighed flags of four types - standard polyester, hemmed polyester, organic cotton canvas and Ventile${}^\circledR $ (a tight-weave cotton fabric) - were deployed close to Rothera Research Station, Antarctic Peninsula, from February 2023 to January 2024, after which any changes in weight were recorded. On average, each standard polyester flag lost 25.5% (± standard error (SE) 0.8) of its weight, equating to the release of 8.3 g of plastic into the environment; however, hemming the flag reduced this loss to 13.3% (± SE 3.7). Ventile${}^\circledR $ was almost as durable as unhemmed polyester (loss of 26.9% (± SE 3.8)), whereas cotton canvas was the least durable (loss of 44.1% (± SE 4.3)). Switching from standard polyester to Ventile${}^\circledR $ flags would prevent the annual release of > 8.3 kg of plastic into the environment around Rothera Research Station, and potentially ~300 kg across all Antarctic operator activities. This is a conservative estimate compared to a potential additional 800 kg of plastic that could be lost to the environment due a high proportion of deployed flags not being recovered. Further investigations to identify cost-effective sustainable flag materials are recommended to comply with ATCM and COMNAP recommendations concerning plastic management in Antarctica.
This chapter argues that such judicialisation before the ICJ has not developed international environmental law in a way favourable to victims of environmental degradation. It first observes that certain promising human rights-focused environmental disputes were discontinued, indicating that other forms of peaceful dispute settlement remain significant in the environmental context. It then argues that raising arguments in certain incidental proceedings in environmental disputes, such as counterclaims, have limited the potential for certain decisions to develop peoples’ rights in environmental disputes. Finally, it argues that the Court’s perceived judicial caution has limited its ability to clarify the role of local populations in environmental impact assessments (EIAs) and develop certain environmental principles in light of populations, such as the precautionary principle or the principle of intergenerational equity.
The need to address and reverse global biodiversity decline is imperative across all of society including the practices of mine closure planning. Nature Positive is the latest global biodiversity-focused initiative which calls for at least 30% of biodiversity to be enhanced through effective restoration relative to the 2020 baseline. This paper conceptualizes and explains what is necessary in mine closure planning and implementation to meaningfully contribute to this and other nature-positive goals, with some illustrative examples. Issues considered include application of the mitigation hierarchy, rehabilitation in mining and the time lag challenge for restoring biodiversity, biodiversity offsetting, conserving nature while meeting social needs, consideration of the indirect and induced impacts of mining, managing tradeoffs in decision-making processes and ensuring that nature positive benefits are long-lasting. The implications for mine closure planning are identified for each of these considerations. The paper ends with a conceptual framework that maps the nature positive challenges in relation to mine closure planning undertakings and call for action by practitioners and researchers alike to advance progress and practices.
This article analyzes the application of environmental impact assessment as a tool for climate change mitigation from a global comparative perspective. It firstly confirms that, despite persistent resistance in a few jurisdictions, climate effect assessment is now widely applied on a global scale. Yet the article also shows that this practice has faced recurrent practical and conceptual issues, in particular, concerning the determination of the significance of a project’s climate effect and the assessment of indirect effects. Lastly, this article assesses how states have addressed these issues and identifies good practices. In doing so, the article illustrates the potential of functionalist comparative analysis in advancing our understanding of climate law and suggesting policy-relevant conclusions.