REDD+ and the Clean Development Mechanism: A comparative perspective

The program, ‘Reducing Emissions from Deforestation and Forest Degradation’ (REDD), which operates within the international climate change policy framework, is projected to emerge as one of the key climate change mitigation mechanisms for developing countries. The existing Afforestation/Reforestation (A/R) mechanism, operating under the Clean Development Mechanism of the Kyoto Protocol to the United Nations Framework Convention on Climate Change, may prove useful for drawing lessons for the emerging REDD program, since both mechanisms represent flexible means for developed countries to achieve compliance with their mitigation targets under the Kyoto Protocol. The possible means include CDM as the basis for a project-based approach for the implementation of REDD (if adopted) or the inclusion of REDD within CDM. This article compares the features of A/R CDM and REDD, identifies similarities and differences, and analyses the extent to which the former can provide guidance for the development of a carbon governance mechanism for REDD

Green public procurement of pharmaceuticals as a regulatory response to antimicrobial resistance and its compatibility with the WTO Agreement on Government Procurement

This article examines the compatibility of production-related environmental criteria in green public procurement with international trade law, specifically the World Trade Organization's Agreement on Government Procurement (GPA). In response to the global health and environmental challenge of antimicrobial resistance (AMR), such measures offer extraterritorial regulation by pharmaceutical purchasing countries where domestic regulation is not forthcoming in pharmaceutical producing countries. The article finds that such green public procurement measures may be compatible with the GPA. The general exceptions of the GPA can be invoked to overcome the potential non-adherence of these measures to the principle of non-discrimination between like products (in this case pharmaceuticals) from different importing countries. The provisions of the GPA relating to technical specifications and tender documentation accommodate such green public procurement measures. The provisions relating to conditions for participation in tenders for a public procurement contract and the award criteria for choosing the bidder to whom the contract should be awarded are silent in respect of environmental considerations. However, this may change with the development of domestic regulation on antibiotic effluent and an expansive reading of the term ‘public interest’ in the GPA. For now, international trade law continues to adopt a limited, accommodationist approach towards non-trade objectives. This approach must be abandoned given the grave implications of failure to address the adverse impacts of global challenges such as AMR. At the same time, compatibility between green public procurement measures and the GPA cannot be taken for granted. The growing interest in domestic or regional drug security, especially in the wake of the COVID-19 pandemic, may expand the geographical range of pharmaceutical manufacturers, with the possibility that such measures, originally intended to achieve non-trade objectives, restrict trade

The Indian Forest Rights Act 2006:A critical appraisal

The objective of the recently enacted Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act is to undo the effects of the historical injustice that has been suffered by communities that reside in and depend upon forests for their bona fide livelihood needs. The provisions of the legislation, which grant forest rights to these communities and envisage a role for local government in the decision making process, have been lauded by pro-tribal and social activists. On the other hand, environmentalists and conservationists fear that the implementation of the Act would result in potentially severe adverse impacts on India 's natural resources and their conservation efforts. In an attempt to accommodate the concerns of these various interests, the Act has left several questions unanswered. The continued dominance of government committees in the decision making procedure is unlikely to achieve the decentralisation objective. Moreover, buckling under pressure from environmental lobby, the government has notified certain areas as critical habitats, even before the Act was operationalised. In contrast, the Act envisages notification of certain areas as critical wildlife habitats only after the determination of a reasonable resettlement package for the inhabitants of those areas, who were also holders of forest rights under the Act

Inter-Sectoral Water Allocation and Conflicts – Perspectives from Rajasthan

Inter-sectoral allocation of water has become an increasingly important and contentious issue in India. Yet, the law and policy frameworks for allocation or re-allocation of water to different uses, or within a category of use, remain underdeveloped. This article provides the starting point for a conversation on the law and policy dimensions of inter-sectoral water allocation. It first provides a general introduction to inter-sectoral water allocation and inter-sectoral water conflicts in India and examines the contribution of statutes, policies and the judiciary towards resolving these complex issues. It then focuses on the state of Rajasthan and a specific inter-sectoral water allocation conflict in Rajsamand district to illustrate the gaps in the existing law and policy frameworks and to highlight the multiplicity of issues that need to be addressed. The last section argues that existing legal principles can provide the basis of a framework for inter-sectoral water allocation, the law must go beyond providing a simple prioritising of water uses and water allocation must be understood in a multi-scalar and comprehensive manner

The Regulation of Planetary Health Challenges: A Co-Benefits Approach for AMR and WASH

Abstract: Antimicrobial resistance (AMR) represents a global public health challenge. It has been examined through various angles, but the link between AMR and access to Water, Sanitation and Hygiene (WASH) or lack thereof has received little attention. Both AMR and WASH relate directly to the realization of the rights to health, water, and sanitation. In addition, both can affect the enjoyment of the right to the environment. AMR is particularly complex from a rights perspective. Access to medicines contributes significantly to the realization of the right to health. At the same time, AMR affects the poorer sections of society who have disproportionately less access to medicines and to WASH. Rights, equality and justice should thus be at the centre of the development and implementation of law and policy concerning AMR and WASH. As we celebrate 50 years of international environmental law, it is crucial to ask some hard questions concerning the inter-sectional and cross-sectoral dimensions of AMR and WASH from the point of view of rights, equality, and justice. Linking the two would bring various co-benefits that the prevailing silo mentality has prevented

Summary proceedings: Workshop on REDD+ and legal regimes of mangroves, peatlands and other wetlands: ASEAN and the world

This report summarises the proceedings of the workshop as interpreted by the assigned rapporteur and editors of the Asia-Pacific Centre for Environmental Law, which were reviewed and approved by the presenters

Water Security and International Law

International law seeks to ensure water security and to prevent or resolve conflicts leading to water insecurity. This relationship is based on a hybrid framework comprising binding and nonbinding instruments. The multi-scalar dimensions of water (in)security are recognized, but further engagement is required. The link between international law and water (in)security is considered primarily through the lens of international water law, which focuses on transboundary (surface) watercourses. Groundwater—the other main source of water and determinant of water (in)security—receives little attention. Further, the traditional state-centric approach, with its emphasis on sovereignty and cooperation, remains the dominant paradigm despite some attempts to redefine it. Several other branches of international law present opportunities for expanding international law's engagement with the water security discourse. Finally, the climate change challenge requires a reconsideration of international law's approach to water (in)security while considering the global dimensions of water