Smoking is harmful to health, but smoking is not necessarily harmful to the environment. If environmental civil public interest litigation is brought in the name of protecting the environment but essentially for the sake of protecting health, it is necessary for judges to effectively identify this litigation and the right to sue hereunder, to explore the legal standing, and to confirm whether the alleged tort meets the constitution of environmental tort liability based on the evidence provided by the plaintiff. Through a comprehensive analysis of the trial judgment on China’s first Indoor Smoking Prohibition case, it is found that environmental public interest litigation ( EPIL ) is not simply proved by a conceptual analysis of ‘environment’, and that the loss of ecological restoration and service functions cannot be determined by the environmental forensics obtained purely from a laboratory simulation. The comprehensive understanding and application of environmental substantive law and procedural law is becoming more important and urgent in the current and future development of environmental civil public interest litigation. Behind the upsurge of EPIL , this article advocates that we need calmer thinking and to contrive more rational responses.
The Arab States region faces significant challenges in adhering to international environmental agreements due to environmental, structural, and institutional issues. This article examines the implementation and enforcement of international environmental agreements in the Arab States region, highlighting progress and challenges faced by Egypt, Tunisia, Jordan, Morocco, Qatar, and Saudi Arabia. It explores efforts to phase out ozone-depleting substances ( ODS ) through national programmes, comprehensive strategies, stringent regulations, and international cooperation. Despite these advancements, the region continues to face political instability, economic constraints, and institutional capacity gaps that hinder effective compliance and enforcement. The article discusses the severe costs of non-compliance, including environmental degradation, economic penalties, public health risks, loss of international credibility, and legal consequences. Furthermore, it underscores the substantial benefits of adhering to Multilateral Environmental Agreements ( MEA s), which extend beyond environmental improvements to include economic, socio-political, and administrative advantages. This study employs a mixed-methods approach examining environmental treaty compliance through comparative case analysis, document analysis, and implementation indicators. The findings reveal a mixed picture, with some countries making significant strides while others face considerable challenges. The article concludes with an assessment of top-down initiatives and policies designed by Arab States, highlighting their downsides and recommending effective strategies.
This article seeks to explore the potential of rights-based climate change litigation in Indonesia while drawing lessons from global experiences. Within Indonesia, two distinct categories of climate change litigation emerge: direct and indirect rights-based litigation. Notably, direct litigation encompasses cases such as the lawsuits filed by the individuals, environmental organisation and citizen lawsuits, which aim to safeguard procedural rights and substantive environmental rights, respectively. On a global scale, rights-based climate change litigation has evolved, exemplified by cases like Urgenda, Leghari, and Future Generations. The study’s conclusions highlight five crucial lessons for Indonesia, including the importance of defending non-mainstream rights, broadening legal sources, addressing the adaptation measures, advocating for the voiceless, and addressing the extraterritoriality of climate change. This article delves into the characteristics of rights-based climate litigation in Indonesia while underscoring the significance of drawing insights from international experiences to develop effective strategies for addressing the climate crisis.
Year 2025 marks a decade since the Sundarbans oil spill disaster, a stark reminder of the persistent threat posed by vessel-sourced oil spills and the pressing need for robust oil spill management in Bangladesh. This article examines how Bangladesh’s contingency system for vessel-sourced oil pollution has evolved over the past ten years and identifies the measures needed to enhance it into an efficient preparedness and response system. Through a critical analysis of existing laws and the National Oil and Chemical Spill Contingency Plan ( NOSCOP ) 2020, the study highlights key gaps within the legal framework. It argues that Bangladesh’s current legal and regulatory framework remains insufficient to adequately protect the marine environment and combat marine oil pollution, underscoring the need for substantial improvements to build a more resilient and efficient oil spill management system.
In the aftermath of COP29 , the urgency of effective climate finance continues to escalate. This note examines the evolving landscape of international climate finance through the lens of the principle of common but differentiated responsibilities and respective capabilities ( CBDRRC ), a cornerstone of international environmental law. It critically analyses some of the decisions at COP29 in the context of the balance of obligations between developed and developing nations, particularly in light of increasing climate vulnerability, shifting geopolitical influence of emerging economies, and changing dynamics of global finance. It explores the persistent shortfall between pledged and delivered climate finance, the role of multilateral development banks, and the growing pressure on high-emitting economies to increase contributions to mitigation and adaptation projects. It also evaluates the potential for innovative finance mechanisms, including loss and damage funding, carbon markets, and private sector mobilisation. By grounding the analysis in the CBDRRC principle, the note underscores the imperative of embedding equity and fairness in climate finance governance. Ultimately, this note contributes to the discourse on whether COP29 and subsequent COP s can serve as pivotal moments in operationalising equitable, ambitious, and just finance frameworks.
This article aims to explore ways to develop Environmental Law Clinics ( ELC s) in Türkiye with a particular focus on in-house live client ELC s, and their limitations within the Turkish context. To this end, it first surveys the current status of clinical legal education ( CLE ) in the country in order to better identify the specific issues facing Türkiye. It then examines the objections that need to be addressed and the challenges that need to be overcome. Finally, it provides a general analysis to further investigate these obstacles.
As top-level planning in China increasingly emphasises environmental protection, the institutional framework for enforcing marine environmental protection rules requires enhancement. Administrative public-interest litigation ( APIL ), which involves procuratorates taking action against administrative agencies, emerges as an innovative strategy to achieve this objective. Marine environmental APIL aims to foster an integrated, prevention-focused approach to environmental governance by extending oversight beyond spatial and administrative boundaries to address pollution from diverse sources. However, its effectiveness is constrained by the limitations on tackling upstream environmental issues, the lack of authority to initiate cross-boundary litigation, and the exclusion of local governments from marine environmental APIL processes. The note concludes with reflections on the broader implications of the APIL system for environmental governance from a global and long-term perspective.
The International Tribunal for the Law of the Sea ( ITLOS ) addresses procedural and substantive matters expansively in its advisory opinion of 21 May 2024. It recognises the advisory jurisdiction of the full Tribunal, supported by a majority of participants, although criticism of its reasoning remains. Most significantly, the Tribunal clarifies the ocean-climate nexus from an international law perspective. To begin with, it reads climate change into ‘pollution of the marine environment’ but fails to expound the threshold requirement for constituting marine pollution. Then, it examines the international environmental obligations of states relating to climate change pursuant to the United Nations Convention on the Law of the Sea ( UNCLOS ) and by frequent reference to external rules, primarily those of international climate law. The Tribunal holds that international climate law is not lex specialis to UNCLOS ; rather, they are separate and complementary regimes. This observation represents the most important contribution to the understanding of the ocean-climate nexus.
The profound impact of human-induced climate changes on the enjoyment of various human rights is well acknowledged. On 21 March 2024, the Indian Supreme Court recognised that individuals have the ‘right to be free from the adverse effects of climate change’. The Court traced this right to the guaranteed constitutional principles under Article 21 (right to life) and Article 14 (right to equality). With this judgment, India joined a select group of nations which has recognised specific human rights in the context of climate change. This case note briefly summarises the decision of the Supreme Court, followed by an analysis of the impact of this case on furthering the climate change jurisprudence in India by linking human rights and climate change.
After lengthy and challenging consultations and negotiations, the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (‘ BBNJ agreement’) was adopted in 2023. The BBNJ Agreement fills a critical gap in international law by establishing comprehensive legal principles, rules, and institutional arrangements specifically designed to manage biodiversity in areas beyond national jurisdiction. It introduces the ‘not undermining’ principle to ensure that it does not diminish the effectiveness or objectives of existing relevant legal instruments and frameworks and relevant global, regional, and sectoral bodies ( IFB s). The Agreement also establishes new legal systems for access to marine genetic resources and limited benefit sharing, area-based management tools including marine protected areas, state-led environmental impact assessments in high seas and international seabed areas supplemented by limited internationalization, and addresses capacity-building and marine technology transfer. However, the effective implementation of the BBNJ Agreement requires the gradual development of relevant mechanisms, addressing differences in the interpretation of principles and rules based on subsequent practices, formulating relevant guidelines or standards to support implementation, and fostering long-term, stable cooperation and coordination with IFB s.
This article aims to analyse the current state of legal regulation concerning climate change in Mongolia, focusing on related policies, legislations, institutions, and funding mechanisms. It concludes that climate change related legal, institutional, and financial mechanisms have been evolving in a fragmented manner due to unclear mandates and the differing challenges faced by urban and rural populations. This lack of a coherent legal approach risks further fragmentation, reduced legal effectiveness, and blurred accountability. The article proposes some possible ways for improvement to promote a more systematic way of climate change legal system development in Mongolia.
Article 1235 of the Civil Code of the People’s Republic of China incorporates the principle of full compensation and defines the scope of compensation for ecological damage. Nevertheless, it fails to clarify the wide range of ecological damage resulting from various tort violations. In addition, it fails to acknowledge the categorization of ecological damage into two distinct types: ‘civil private damage’ and ‘pure public interest damage’. Moreover, disregarding the distinctions between the two categories of damages has legal ramifications that broaden the range of public interest influenced by private law. In terms of the framework of the national legal system, the ecological damage compensation regime encompasses both public law remedies and private law remedies. The traditional ‘either public or private’ analysis methodology has difficulties in providing a satisfactory explanation. When determining the scope of compensation for marine ecological damage, it is important to take into account both the fundamental principles of the legal system and the nature-based characteristics of marine ecological damage. In summary, the scope of marine ecological damage in the private legal system should include the cost of preventive measures, the cost of restoration and rehabilitation of marine ecology, the loss during the restoration period, and the investigation and assessment fees. However, it should not include loss in respect of pure public interest damage arising from permanent damage caused to the natural ecosystem.
This article provides insights into the challenges and current state of solid waste management in metropolitan cities of India. It emphasizes the importance of legal regulations in ensuring effective waste management to address environmental concerns. This research highlights the need for coordinated efforts among public authorities, adopting technologically advanced best practices globally, and incorporating Waste Hierarchy and Circular Economy concepts for efficient waste management. By addressing challenges like poor community engagement, understaffing, and political interference, the article underscores the significance of robust legal frameworks and strategic policies to mitigate environmental impacts and improve waste management practices in metropolitan cities. Recommendations include enhancing transparency in environmental information, establishing sustainable waste management systems, improving legislation, and promoting stakeholder engagement.
Preventive environmental civil public interest litigation is an institutional innovation of environmental governance in China. Previous research primarily focuses on the implementation of prevention principles and environmental risk management; however, it fails to identify the significant risks in the new practice. There are significant risks that human behaviour may result in the creation of radioactive toxins and contaminants that are not perceptible to humans and which may have dramatic short- or long-term effects on plants, animals, and humans. This paper seeks to close this research gap. A review of typical cases revealed three elements that judges should consider when identifying significant risks in preventive environmental public interest litigation. Firstly, the significant risks involved in the case must be directly related to the public interest. Secondly, the probability of significant risks occurring should be emphasised. Thirdly, the proportionality principle should be adhered to in deciding on preventive means to be used in the case. We found some ambiguities and defects in the identification of significant risks. This article makes proposals to improve environmental legislation and application ambiguities in new practice in order to contribute to better environmental governance.
The Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) entered its First Phase on i January 2024. Aircraft operators are required to offset their emissions for the first time in this Phase to mitigate their climate impact. This note chronologises its major developmental trajectory leading up to this Phase. Furthermore, developments of climate initiatives at the regional level are related to CORSIA. It is noteworthy to see CORSIA from a European Union (EU) perspective because of the recent amendment to the EU Emissions Trading System (EU ETS). The European Commission has set a `deadline' to review the effectiveness of CORSIA and made efforts to establish the EU `world premiere' in the monitoring, reporting, and verification (MRV) of aviation non-CO2 emissions. This indicates a broader scope of the EU ETS than that of CORSIA. With the deadline and regional developments, CORSIA is approaching a juncture for the potential design changes from its sole focus on CO2 emissions to include non-CO2 emissions.
The mandate of the ICJ advisory opinion on climate change makes reference to states' obligations in relation to both current and future generations. This note discusses options in terms of how the Court might interpret the concept of future generations, including its definition and the possibility of extending the principle of harm prevention to include harm to future generations. This is discussed in conjunction with the principle of intergenerational equity (an integral component of sustainable development), which the Court could interpret in a manner which gives it more substance. In approaching these issues, the Court will need to be impartial in terms of the interests of developed and developing countries.
At the 2023 UN climate conference in Dubai, United Arab Emirates, the outcome of the first global stocktake (GST) under Article i4 of the Paris Agreement was adopted. This result was hailed by some as a historical achievement, while others considered it a failure. This article explains (i) what the role of G ST is; (ii) how it functions; (iii) what the GST outcome from Dubai contained and why it provided reasons (for some) to celebrate; and (iv) what its implications are for the processes under the Paris Agreement and for Parties' climate change obligations. Importantly, the article sheds light on the role of the G ST- which will take place every five years- in informing the increasing level of ambition of Parties' climate action and support. Regularly conducting the GST is a means for providing an evidence-based, updated assessment of the collective progress of Parties and where they ought to be to achieve the Agreement's goals. The outcome of the GST shall be taken into account by Parties, as a matter of legal obligation. If undertaken effectively, the GST can thus provide the basis for increasingly ambitious actions and for driving transformational action across all sectors.
The recognition of the capacity of solid minerals to cause damage to the ecosystem informed the development of strategies to implement policy directives in mining development. The strategies include preventive impact assessment and prescription of sector-specific regulations. Using the analytical model as methodology and survey of literature as source of data, this study interrogates Nigeria's Environmental Impact Assessment Act (EIAA) as a framework for environmental protection in the mining industry. It found that despite the existence of appropriate legislation and policy direction, there remains a wide gap between precept and praxis. It also found that the weaknesses of Nigeria's EIAA erodes its capacity to tackle the negative externalities of mining. This article contends that poor enforcement of the extant EIA instrument adversely affects access to justice by the citizens and recommends the justiciability of environmental rights, strengthening of the machinery of public participation and access to justice in regulatory enforcement.
Abstract Preventive environmental civil public interest litigation is an institutional innovation of environmental governance in China. Previous research primarily focuses on the implementation of prevention principles and environmental risk management; however, it fails to identify the significant risks in the new practice. There are significant risks that human behaviour may result in the creation of radioactive toxins and contaminants that are not perceptible to humans and which may have dramatic short- or long-term effects on plants, animals, and humans. This paper seeks to close this research gap. A review of typical cases revealed three elements that judges should consider when identifying significant risks in preventive environmental public interest litigation. Firstly, the significant risks involved in the case must be directly related to the public interest. Secondly, the probability of significant risks occurring should be emphasised. Thirdly, the proportionality principle should be adhered to in deciding on preventive means to be used in the case. We found some ambiguities and defects in the identification of significant risks. This article makes proposals to improve environmental legislation and application ambiguities in new practice in order to contribute to better environmental governance.
Abstract The Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) entered its First Phase on 1 January 2024. Aircraft operators are required to offset their emissions for the first time in this Phase to mitigate their climate impact. This note chronologises its major developmental trajectory leading up to this Phase. Furthermore, developments of climate initiatives at the regional level are related to CORSIA. It is noteworthy to see CORSIA from a European Union (EU) perspective because of the recent amendment to the EU Emissions Trading System (EU ETS). The European Commission has set a ‘deadline’ to review the effectiveness of CORSIA and made efforts to establish the EU ‘world premiere’ in the monitoring, reporting, and verification (MRV) of aviation non-CO2 emissions. This indicates a broader scope of the EU ETS than that of CORSIA. With the deadline and regional developments, CORSIA is approaching a juncture for the potential design changes from its sole focus on CO2 emissions to include non-CO2 emissions.
