Indigenous Peoples in International Environmental Cooperation: Arctic Management of Hazardous Substances

This article reviews the international legal framework on hazardous substances, with an emphasis on the Arctic and the roles of indigenous peoples. Persistent organic pollutants (POPs) and heavy metals pose significant risks to Arctic indigenous populations, mainly through the consumption of traditional foods. Treaties of particular relevance include the Protocols on Heavy Metals and POPs to the Convention on Long-Range Transboundary Air Pollution (1998) and the Stockholm Convention on POPs (2001). Arctic indigenous groups have exerted considerable influence on hazardous substance management through lobbying of national governments, participation in domestic and international scientific assessments, and direct advocacy in regional and global political fora. Their engagement on environmental issues has also helped to shape circumpolar consciousness and political activism among different indigenous groups. At the same time, there remain important limitations on the independent authority and ability to act of indigenous groups. Challenges for Arctic indigenous groups and States include continuing collaborative abatement work targeting many POPs and heavy metals, as well as addressing linkages between hazardous substances and climate change, which is another issue of great Arctic concern.     

论风险评估和风险预防的一致性——以《卡塔赫纳生物安全议定书》的相关规定为视角

作为国际社会第一个有约束力的专门规范转基因生物越境转移的多边环境协定———《卡塔赫纳生物安全议定书》,既要求转基因生物进口国的有关决定要以风险评估为基础,又包含了有关风险预防的若干规定。风险评估不会先天地阻碍或抵消风险预防在决策过程中的作用。同时,风险预防是以风险评估为基础的风险预防,当然也不会与基于科学证据的风险评估相冲突。《卡塔赫纳生物安全议定书》中规定的风险评估和风险预防是完全协调一致的。     

Scientizing Food Safety: Resistance,Acquiescence, and Localization in India

Since the mid‐1990s, formal scientific risk management has been codified at all levels of food safety governance in affluent states: firm‐level standards, national regulation, and international law. Developing countries' access to affluent importers and power in international standard‐setting fora now hinges on their scientific capacity. This article explores the consequences of these developments in India, which moved quickly from resistance to acquiescence, and then later to mobilization around narratives of scientific risk management's local benefits. The case suggests a two‐stage model of scientization among developing countries: (1) coercive and competitive mechanisms drive adoption of science‐based governance models, and (2) as local actors mobilize to meet foreign demands, they attach their own interests and agendas to science‐based reforms. The outcome is a set of rational myths about the benefits of scientization. The article draws on content analysis of organizational, policy, and news documents and a small set of interviews with highly placed pubic officials and industry representatives.     

Combining value for money with increased aid to fragile states: welcome partnership or clash of agendas?

This article examines the origins and main strands of recent debates within the international development community regarding the tensions between increasing aid allocation to so-called ??fragile states?? and growing domestic and international pressure for donors to demonstrate measurable results and returns on their investments. With particular reference to the UK context, the paper examines how the confluence of these two agendas is being viewed, at least publicly, and some of the main arguments that have been put forward about why they may be difficult to pursue simultaneously. It asks whether or not it is feasible that donors will explicitly seek to address and resolve the apparent trade-offs between these two agendas, and concludes that in both international and domestic political arenas, ??good enough?? aid effectiveness, or a more nuanced, ??developmentised?? understanding of value for money, are unlikely to become palatable or politically viable any time soon.     

Establishing Reliable Foundations for the International Scientific Investigation of Noise Pollution in the Oceans

Noise in the oceans is an issue that has become the subject of concern in a number of national, regional and international organizations. However, the current scientific investigations surrounding the topic of noise pollution are currently inadequate because they are often limited in their application, contradictory in places, and some of the current research is tarnished by assertions which suggest that it has less than full integrity. Against such a backdrop, multiple sections of the international community are calling for a comprehensive, global and robust analysis of the issue.
This current impasse over the utility of the existing scientific material on noise pollution in the oceans, and the need for an internationally focused scientific endeavour to resolve the uncertainties, is not unique to this area. Rather, such impasses have a long history in a large number of areas in international environmental law. Accordingly, international environmental law and policy has developed a clear set of methods and rules to create reliable scientific reports, from which the political will to form agreements can be built. The necessary foundations from which reliable, internationally based, scientific reports are produced are strong membership of scientific bodies; the facilitation of independent scientific opinion; a deliberative process which is open and transparent; information that is publicly available; and, finally, as much financial independence as possible. If these five requirements are applied to the scientific investigation of noise in the ocean, the first step will be taken in building the foundations from which national, regional and international agreements may be formed to address this issue meaningfully.     

Environmental regime effectiveness and the North American Great Lakes Water Quality Agreement

Scholars and practitioners around the globe are grappling with how to improve the effectiveness of complex, transboundary, and multilevel environmental regimes. International environmental agreements (IEAs) have been around for decades yet achievements and outcomes have not met expectations. While international relations scholars have primarily focused on the effectiveness of agreements between states, public policy scholars have been interested in outcomes at a variety of scales including international, national, sub-national, and local across various environmental policy domains and at the instrument and program levels. This article presents findings from a case study of environmental regime effectiveness that uses a modified version of the Oslo-Postdam solution to assess the effectiveness of the Great Lakes Water Quality Agreement, a long-standing, bilateral international environmental agreement between Canada and the USA. The findings indicate that there is a need to more broadly define international environmental agreements in complex transboundary systems to include both formal and informal regime features and multilevel governance efforts and to focus on specific policy goals and ecological outcomes associated with IEAs. This case also illustrates the potential to modify the Oslo-Postdam approach by combining expert assessment and data collection methods with traditional policy analysis and program evaluation methods in assessments of environmental regime effectiveness.     

Technology assessment and the sociopolitics of health technologies

In a growing number of countries, health technology assessment (HTA) has come to be seen as a vital component in policy making. Even though the assessment of the social, political, and ethical aspects of health technology is listed as one of its main objectives, in practice, the integration of such dimensions into HTA remains limited. Recent social scientific research on the inherently political nature of technology strongly supports such a comprehensive approach. The growing claims by and on behalf of consumer groups also suggest that HTA should be informed by a broader set of perspectives. Using the example of the cochlear implant in children, this essay compares the professed objectives of HTA with typical practice and explores possible explanations for the discrepancies observed. A second example, home telemonitoring for elderly persons, demonstrates how the types of evidence considered by HTA and the process through which assessments are produced may be reconsidered. We argue for the formal integration of the sociopolitical dimensions of health care technologies into assessments. The ability of HTA to more fully address important issues from a public policy point of view will increase by making explicit the sociopolitical nature of health care technologies.     

Public Participation in Environmental Regulatory Conflicts: Treading Through the Possibilities and Pitfalls*

Based on two years of qualitative field work, this paper examines public participation in environmental regulatory disputes. Drawing on political economy critiques of environmentalism, we argue that regulation is both a political arena and a legal process that is about responsivity, competition, and bargaining. A combination of case study and Boolean algebra techniques are used to refine and apply the conceptualization. Five primary factors are identified which mediate citizens' participation: (I) information networks, (2) social resources, (3) cooperative linkages, (4) the ability to sustain linkages and levels of resource mobilization over time, and (5) agendas which fit within the narrow constitutive norms of a particular regulatory community.     

Global Politics of Mercury Pollution: The Need for Multi-Scale Governance

This article analyses international legal and policy developments on mercury from the 1970s to the present time, and examines options for continued abatement. Multiple scientific assessments have demonstrated that mercury is an environmental pollutant that can pose a serious threat to human health and development. Currently, the international community is engaged in extensive debate about options for improved mercury governance. This article will critically examine three major policy options under discussion: the creation of a global mercury convention; the regulation of mercury under the Stockholm Convention on Persistent Organic Pollutants; and the development of voluntary partnerships. It is concluded that expanded and better integrated policy efforts are needed across global, regional and local governance scales to address mercury pollution and contamination effectively.     

European health regulations and Brazil nuts: Implications for biodiversity conservation and sustainable rural livelihoods in the Amazon

Abstract

The Brazil nut industry comports with the principal objectives of European policy on development co‐operation (poverty reduction linked with environmental protection) and forest conservation (maintaining forest cover). However, European Regulation 1525–98 EC, which decreases acceptable levels of aflatoxins in Brazil nuts to 4 parts per billion, may cause a crash in the Brazil nut trade. Thus, European policies on food quality, development co‐operation and forest conservation are likely to operate a cross‐purposes. Brazil nut producer countries have questioned the legal basis of the Regulation in terms of scientific justification for the stricter limits on aflatoxin content and lack of conformity with international standards set by Codex Alimentarius. The EC has countered by invoking the precautionary principle. This article documents the debate in the context of the World Trade Organisation's Sanitary and Phytosanitary Agreement and discusses the implications for the relationship between agendas of trade, environment and sustainable development.     

End Impunity! Reducing Conflict‐Related Sexual Violence to a Problem of Law

Whilst sexual violence has been an offence associated both with war‐ and peacetime throughout history, its rise to the tables where international peace and security are negotiated, represents a significant shift. This article continues the scholarly conversation about conflict‐related sexual violence and its emergence as a “hot topic” on academic, political, and activist agendas. Specifically, we ask how and why criminal law constitutes the ultimately meaningful response to such violence. Building on frame analysis, we address how the fight against conflict‐related sexual violence has become the fight against impunity. We examine what imageries of victims and perpetrators, causes and consequences key actors within interstate diplomacy and human rights advocacy evoke to drive this development. We argue that these narratives shape the political discourse on conflict‐related sexual violence, which may in turn influence the perceived political maneuverability in the face of such harms.     

Green crime and the role of environmental courts

Environmental issues continue to capture international headlines and remain the subject of intense intellectual, political and public debate. As a result, environmental law is widely recognised as the fastest growing area of international jurisprudence. This, combined with the rapid expansion of environmental agreements and policies, has created a burgeoning landscape of administrative, regulatory and judicial regimes. Emerging from these developments are increases in environmental offences, and more recently environmental crimes. The judicial processing of environmental or ‘green’ crimes is rapidly developing across many jurisdictions. Since 1979, Australia has played a lead role in criminal justice processing of environment offences through the New South Wales Land and Environment Court (NSW LEC). This article draws on case data, observations and interviews with court personnel, to examine the ways in which environmental justice is now administered through the existing court structures, and how it has changed since the Court’s inception.     

论预先防范原则在国际环境法中的地位

预先防范原则是在20世纪80、90年代出现在国际环境法领域的一种新的处理缺少确切科学证据的环境风险的主张.迄今已有至少八个国际环境条约载入了与预先防范原则有关的内容,虽然具体用词不尽相同;与预先防范原则有关的案例也已经有数个.以这些为研究对象,探讨预先防范原则在国际环境法上的地位.现在预先防范原则还没有形成国际环境法领域的习惯法,但很多国家愿意在处理缺少确切科学证据的环境风险时,使用与其相关的方法或措施.     

Privacy and the precautionary principle

The precautionary principle – which implies that where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing protective measures – has been adopted as a standard of environmental and health protection in international and European legislation. This article offers an overview of the precautionary principle as a legal standard applicable to European privacy and data protection legislation. For this reason, it takes particularly into account the guidelines of this legislation as well as the privacy impact assessment framework, raised by the European Commission through the Recommendation on Radio-Frequency Identification applications. In brief, the article stresses the role of the precautionary principle in improving privacy protection through liability, prudence and transparency.     

The Precautionary Principle and the Ecosystem Approach in International Law: Differences, Similarities and Linkages

The precautionary principle and the ecosystem approach are often mentioned in one breath. This article explores the differences, similarities and relationship between the two concepts. In a comparative and integrated assessment, it addresses, among other things, the purpose, core elements and status of the precautionary principle and the ecosystem approach under international law, the role of scientific information in their application, and the management actions associated with their implementation.     

Ghosts of terror wars past?

In the wake of 9/11 and the invasion of Afghanistan, then of Iraq, with all the talk of a renewed Clash of Civilizations, came a revival of interest in the lessons from what seemed to be the direct antecedent, namely the Barbary Wars of the late 18th and early 19th centuries. At that time, too, America had seemed to be forced to defend itself economically and militarily against a fanatical foe which rationalized crimes in the name of religion to wage terror against innocents. There are indeed close analogies between the two; but they are almost exactly the opposite of what much popular (and some official) belief holds true. If today it has become clear that most justifications for the current Terror War were fabrications intended to cloak other agendas at home and abroad, when the Barbary Wars are subjected to serious scrutiny, much the same forces advancing much the same agendas appear at work. Nor are the “politics of fear” new in American history. During the Barbary Wars, carefully cultivated fears of a rising Islamintern served to: divert public attention from domestic political problems; suppress political dissent; provide cover for regressive fiscal changes; cloak offensive militarism in defensive guise; and ride roughshod over both conventions of international diplomacy and normal standards of criminal justice, all rationalized by a sense of Christian mission.     

International environmental agreements with agenda and interaction between pollutants

This paper analyzes how the sequence of negotiating agreements on each pollutant affects coalition behavior in international environmental agreements (IEAs) when multiple and correlated pollutants exist. I consider a model in which countries suffer from two pollutants with different externality characteristics and attempt to cooperate by sequentially negotiating on IEAs. The membership outcome depends on the environmental concern, abatement technology, spillover effect and most importantly the correlation between pollutants as either substitutes or complements. I find that cooperation in the first stage can facilitate later negotiations and that countries are prone to cooperate on a pollutant of common concern. Moreover, except for symmetric countries, different negotiation agendas may result in distinctive participation outcomes when pollutants are complements. Therefore, with systematic policy design, the negotiation sequence can serve as another method to encourage participation and cooperation in IEAs.     

Distributed Generation of Electricity: The Role of Academic Research and Advice in California’s “Clean DG” Policy Network

Deregulation and the combined threats of energy crises and global warming concern nations around the world, yet these issues continue to be addressed more directly by domestic regulatory systems than by international institutions. The present analyses of the integration of distributed sources of power generation (DG) into California’s electric utility system suggests that domestic environmental dilemmas with international repercussions provide an obvious entrée for global environmental policy specialists into the practice of environmental policy-making and law. Here I review current scholarship on policy networks that illuminates the contributions that technical and policy experts can make to such networks surrounding environmental issues. I then introduce the key members of California’s “clean DG” policy network that emphasizes the role of academic experts in this influential political system, and discuss how my own research has impacted the development of the state’s DG policy. I conclude that scholars are well positioned to observe and engage domestic and international environmental policy networks, and thereby also to influence environmental politics and law.     

Impact of Climate Change on Indigenous People and Adaptive Capacity of Bajo Tribe,Indonesia

Abstract

With a long history and deep connection to the Earth’s resources, indigenous peoples have an intimate understanding and ability to observe the impacts linked to climate change. Traditional ecological knowledge and tribal experience play a key role in developing future scientific solutions for adaptation to the impacts. This review explores climate-related issues for indigenous communities in the world, including loss of traditional knowledge, forests and ecosystems, food security and traditional foods, as well as water, Arctic sea ice loss, permafrost thaw and relocation. Until the 21st century, indigenous peoples were viewed as victims of the effects of climate change, rather than as agents of environmental conservation. Representatives of indigenous peoples have in fact since 2008 been actively seeking a role in contributing to combating climate change through their participation in international environmental conferences, as well as by means of activism and political engagement at local and national levels. Using examples from the Amazonian region in the east of Ecuador, home to indigenous communities such as the Huaorani, Sápara and Sarayaku Kichwa origin peoples, this article argues that indigenous peoples, particularly forest dwellers, have a dual role in combating climate change. Over the years Bajo tribe have made adaptive mechanisms to cope with climate change. In the last 10?years indigenous peoples representatives have been collectively engaged in lobbying for inclusion in intergovernmental climate change negotiations and to have decision-making power at the United Nations. This article is an attempt to review the role of indigenous people in climate change and their adaptive mechanisms.     

The role of national intellectual property laws in promoting innovation,scientific and technological development

This paper examines the role which intellectual property rights can play in stimulating innovation for sustainable development. It provides an overview of the international intellectual property regime and its relevance to innovation, technological and scientific development. It considers the role of national intellectual property laws in the context of innovation by focusing on a number of key areas, including the protection of traditional knowledge and genetic resources, and the diffusion of environmentally sound technologies. The paper highlights areas of intellectual property law and system reform and strengthening that may be a focus for Commonwealth member countries.