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The purpose of this study is to formulate a proposal to fill the gap in national legislation, which will increase the effectiveness of mandatory environmental insurance.

This is a review of scientific doctrine and legislation, which shows the problems and prospects for the development of mandatory environmental insurance on the example of one country.

At the moment, environmental insurance in Russia is at the very beginning of its development. Despite the experiments carried out and fragmentary references in the law, there is a classic example of a gap in the law, when the procedure provided for by the norms of law lacks a clear implementation mechanism. To fill this gap and increase the effectiveness of environmental insurance, the authors propose to clearly localize the scope of its operation, fixing the obligation of environmental insurance only for objects that have a significant or moderate negative impact on the environment (objects of categories I and II), provided for by the Federal Law “On mandatory Environmental Protection.”

A new concept of a mandatory environmental insurance contract is substantiated, which optimizes civil liability for causing harm to the environment, life, health and property of citizens (property of legal entities) as a result of accidents and man-made disasters.

This paper aims to propose a legal characterisation of the recent proliferation, across the broad range of global environmental good governance initiatives and practices, of a diverse mix of regulatory environmental standards, many of which are informal in origin insofar as they are neither State-driven nor State-centred. It examines the novel conception of legal order posited by Twinning and Walker, to determine whether it encompasses the myriad rules and standards emerging in the field of environmental governance.

Surveying the rapidly developing montage of formal and informal rules and standards associated with global environmental governance, this paper uses the analytical framework provided by scholars of “global administrative law” to reconcile the complementary roles of formal and informal sources of legal rules, and to explain their increasing convergence around a set of good governance principles and standards commonly used in national administrative law systems.

The paper concludes that the emerging regulatory framework for global environmental governance comprises an almost endless variety of forms of novel transnational regulatory activity, many succeeding in having a profound impact on environmental outcomes. Yet all appear to be founded upon and guided by a discrete set of good governance standards and principles of an administrative law character – including transparency, participation, legality, rationality, proportionality, reviewability and accountability – which serve to enhance the credibility and legitimacy of each regulatory mechanism.

It appears that new and informal forms of environmental regulatory activity enjoy a complex symbiotic relationship with formal systems of environmental law. In addition to filling lacunae and addressing deficiencies in such systems, owing, for example, to the transnational character of much of today’s trade, informal regulatory systems are increasingly influencing the evolution of formal legal frameworks and, in so doing, are improving the responsiveness, flexibility and accessibility of this new environmental “legal order”.

At a practical level, viewing the wide range of new forms of environmental regulatory activity through the prism of global administrative law (or global environmental law) brings unity to this diverse field and, in so doing, makes available to all the actors involved in this “community of practice” a wealth of established practice and principle which can help to inform the elaboration and interpretation of rules and standards of environmental governance through a process of cross fertilisation of ideas and approaches.

Recognition of the legal character and significant role of the wide range of novel forms of environmental regulatory activity lends further credibility and legitimacy to such mechanisms, which often comprise the only truly relevant and applicable environmental controls or truly accessible mode of redress and accountability. The challenges of realising sustainability are immense and, as one leading commentator has noted, “all normative means are useful to this end”.

This paper attempts to characterise the legal nature of the range of novel forms of environmental regulation which (can) play such an important role in modifying the behaviour of many of the key environmental actors globally – actors who have largely been unaffected by more formal legal frameworks. For this reason, it seeks to encourage a fundamental shift in the way we think about environmental law and legal authority.

This paper aims to present a discussion to stimulate interest in further research by highlighting aspects of Ontario’s Environmental Bill of Rights and exploring whether parts can be transplanted to improve sustainability in China.

In this paper, the authors trace the evolution of environmental law in China after 1978, identify increased citizen participation as a path to improvement and provide an overview of purposes and means in Ontario’s Environmental Bill of Rights which may be a model to consider.

Ontario’s Environmental Bill of Rights may have aspects to be added to China’s legal toolbox warranting further research.

While this descriptive review identifies possibilities, further work is required to apply legal concepts from one jurisdiction to another. Context and details of implementation warrant further attention.

This paper provides a platform from which further more detailed research may advance sustainability in China by considering a legal framework used by others to integrate the development of society, economy and environment.

Evaluates the effects of shipwrecks and peoples’ reactions following them, with regard to their feelings of preventability on someone’s part. In particular to the Erika in 1989, and the Prestige in 2002. The European Union (EU), which theretofore seemed to be neglecting maritime safety appears to have developed a maritime culture. The EU seems to have adopted the International Maritime Organisation’s (IMO) attitude regarding safety protocols, which must be a right and proper thing to do. Concludes that shipping has needed, and is now receiving, a proactive approach with regard to safety from the EU which should limit, as far as possible, disasters of both a human and ecological kind for the maritime world.

The purpose of the project was to investigate environmental law issues surrounding the regeneration of brownfield land.

Following a literature review, an inductive approach and an interpretivist epistemology with a phenomenological focus were chosen. A constructionist ontological stance was adopted. A qualitative paradigm was selected to explore the issues in a focus group comprising industry, legal expert and academic contributors.

A critique of the literature on relevant environmental law issues including contaminated land, waste management, water pollution, environmental impact assessment (EIA) issues and finally the political agenda is presented. Contaminated land, waste management, regulators and legislation were discussed in the focus group. The participants contributed their experiences and proposed several changes to environmental law. However, water pollution and EIAs were not considered by the contributors.

Developers face many environmental law challenges when endeavouring to progress housing on brownfield sites including contaminated land, funding, waste treatment permits, water pollution and EIAs. The benefits of the remediation of brownfield sites for housing seem to be a political priority, but reform of challenging environmental law issues less so. Understandably, the legal complexities of Brexit will take precedence.

The literature review identified the need to research the experience of brownfield environmental law challenges and recommended changes to environmental law from industry, legal experts and academia.

This study aims to identify the most critical concerns of property developers in terms of the transaction costs involved in compliance with environmental laws at the building scheme design stage when key design decisions are made.

Sixteen structured interviews were carried out with experienced industry practitioners in Hong Kong. Transaction cost theory is used to explain the regulatory compliance costs.

The results show that the most significant impacts of transaction costs were due to uncertainties in negotiations with government, which takes time to obtain approvals and overcome ambiguous legislative requirements.

The government could make use of the research findings to formulate a clear environmental policy to coordinate various departments and laws to address uncertainty with time for project delivery, and conduct quantitative regulatory impact assessments in the development of new legislation.

This study identifies and explaines “uncertainties” as the most critical concern for property developers in terms of the transaction costs involved in compliance with environmental laws. The results of this study would help policymakers to improve policy design, which would in turn increase efficiency and productivity in the property development process.

The purpose of this paper is to explain and come to an understanding of origin and growth relating to the concept of environment and sustainable development in domestic and international laws; also to show the rationality of enlisting the right to the environment as a basic right in the constitution, that would help to protect this value from the detrimental activities of private entities and states, and also to show the rationality of institutional development.

This paper attempts to focus on environment and sustainable development in Bangladesh. The research is based upon theoretical sources and empirical data.

An environment is a set of natural, artificial or man‐made, physical, chemical and biological elements that make the existence, transformation and development of living organisms possible. The appearance of the environmental law arose from the need to conserve the environment in order to avoid its destruction and, as a result, the danger that an adequate quality of life might disappear. By conservation, we understand all those measures that are necessary to preserve the environment and natural resources. In modern times, human development corresponds to the concept of sustainable development and environment. It is a transverse theme derived from joint consideration of the issue of the environment and environmental protection, and of all that concerns production in the development of a country or nation.

The paper is original in calling for making the constitution a weapon, in as much as the environment should be fit for human development so that productive activities may meet present needs without compromising those of future generations. The environment is an independent value and needs as strict protection as other commonly agreed values, such as the right to property, or the right to life and health.

This paper aims to examine the extent to which environmental rights enforcement is currently practiced in Nigeria and the relevant characteristics for the development of a legal framework for the practice of environmental rights enforcement in Nigeria, particularly in the interest of the Niger Delta region of the country. The Niger Delta region of Nigeria is rich with abundant hydrocarbon resources and plays host to numerous multinational oil companies. For over five decades, oil spills and gas flaring from the operations of these companies have polluted water bodies and degraded farmlands on which the inhabitants depend for their livelihood. However, the absence of a legal regime of environmental rights has made it difficult for inhabitants of the region to seek legal remedy against these companies.

This paper examines the extent to which environmental rights enforcement is currently practiced in Nigeria and the relevant characteristics for the development of a legal framework for the practice of environmental rights enforcement in Nigeria, particularly in the interest of the Niger Delta region of the country.

Nigeria does not have constitutional environmental rights. The legal implication of this provision is that it is not justiciable as such no court of law can exercise jurisdiction to hear any matter that is connected with the provisions of that chapter. In other words, even the government’s “constitutional” responsibility to protect the environment cannot be judicially enforced, let alone environmental rights for victims of environmental damage.

The original and significant contribution of this paper is to highlight the real issues and address them through substantive and procedural environmental rights provisions either in the constitution or positive legislations.

Although free trade law and environmental law especially contained in multi lateral environmental agreements (MEAs) are more or less compatible, however, some twenty MEAs might create a conflicting situation with the GATT/WTO regime. Efforts through CTESS are being made to make the two regimes compatible with each other. But an amicable solution towards harmonizing them still seems to be far. It is said that if all WTO Member states have the political will to agree to one suggestion, the problem can be solved. But due to politicization of the WTO, a common view is difficult to be reached. It is true that all states want protection of the environment. It is evident from the fact that many MEAs have relatively a large number of members, and their member states are sincerely working on enforcing treaty norms contained in them. But when it comes to a conflict situation with international trade, differences among them becomes eminent. In spite of this, an optimistic view that the two regimes can be made complementary to each other is still being given importance. It is for this reason that states are forwarding their suggestions to the CTESS and the discussion is being carried forward on those suggestions. The paper critically examines the reality of ‘conflict or congruity’ between free trade law and environmental law, evaluates various suggestions to make the two regimes compatible with each other, and offers one suggestion that can bring about harmony and will be viable.

The corporate veil or veil of incorporation is a legal concept that separates the legal and juristic personality of a company from its members, directors and other stakeholders. Indeed, common law has provided for numerous circumstances in which the corporate veil of a company may be lifted, and courts rely on these case law precedents to determine the grounds for lifting the corporate veil. However, there is limited case law regarding environmental torts as a ground for lifting the veil of incorporation and there is no legal provision in Mauritius which recognises environmental crimes as an exception to corporate veil. Consequently, this paper aims to discuss the liability of decision-makers of a company in the case of corporate environmental wrongdoings and thereafter, to present a case for amending Mauritius laws to give recognition to environmental torts as a ground of lifting the corporate veil.

This paper has adopted the black-letter approach and the comparative research methodology. The laws of Mauritius on corporate veil will be compared to the related laws of the USA and Canada with the view of seeking recommendations for Mauritius, as these countries are known to have an extensive legal framework on environmental crimes as a ground to lift the corporate veil.

It is concluded that it is high time for Mauritius to adopt a separate manslaughter law that would incorporate crimes committed to the environment by corporate bodies as a ground for lifting the corporate veil and thereby attacking individual stakeholders concerned.

This study is among the first researches conducted in the field of environmental torts as a ground for lifting the corporate veil in Mauritius.