Brexit and the Environment

This briefing covers rights in the area of environment, energy and sustainability. To best understand the impact of Brexit on these rights, it is helpful to consider them in two categories: procedural environmental rights; and substantive environmental rights

Technology transfer

One of the foremost foundations of the Convention on Biological Diversity (CBD) lies in the admission that the provision of access to relevant technologies can make a substantial difference in the world’s ability to address biodiversity loss. This chapter provides an overview of the technology transfer regime established under the Convention and its Protocols, drawing attention to the soft law instruments that are pertinent to its interpretation and application. The chapter also discusses two of the most controversial and scientifically interesting issues that arise with regard to implementation, i.e. the role of technology transfer as a form of non-monetary benefit-sharing and the interrelation between technology transfer and intellectual property rights. The chapter concludes by highlighting some areas that would benefit from further legal research

Regulating oceanic imaginaries : the legal construction of space, identities, relations, and epistemological hierarchies within marine spatial planning

A growing body of critical social-scientific scholarship addresses the implications of marine spatial planning for those who depend on the ocean for their livelihood, sustenance, well-being and cultural survival. Of particular concern are planning initiatives that construct marine space in ways that negate or contradict its particular materiality, the latter holding great significance for how different actors relate to the ocean. In response, scholars are turning towards relation-al conceptualisations of marine space, focusing on the relationships between human and non-human actors, as well as the factors that mediate them. Here, we argue that legal geography, a strand of interdisciplinary research that explores how space, law and society are co-constituted, can make a valuable contribution to this discussion. In taking seriously the connections between the themes law as discourse, law as representation and law as power, legal geography offers a deeper understanding of the subjectivities, narratives and sources of normativity made in/visible by the legal dimensions of planning frameworks. Using the legal-geographical concept of spatial justice as our frame of reference, we posit that the relational materiality of the ocean lends itself to the socio-legal construction of marine spaces as ‘commons’, i.e. as pluralist spaces where different knowledges and ways of being coexist and intermingle, and where well-being is per-ceived in composite, socio-natural terms. This allows us to problematise marine spatial planning, along with its norma-tive, regulatory and institutional underpinnings, as a vehicle for the enclosure of not only marine spaces, but also spaces of decision-making

Linking small-scale fisheries to international obligations on marine technology transfer

This article analyses the interplay between inter-State obligations to increase scientific knowledge, develop research capacity and transfer marine technology in accordance with Sustainable Development Goal (SDG) 14.a, with a view to contributing to enhanced implementation of the international law of the sea (SDG 14.c), and providing access for small-scale artisanal fishers to marine resources (SDG 14.b). It proposes to do so by relying not only on the international law of the sea, but also on international biodiversity law (particularly the Convention on Biological Diversity) and international human rights law (particularly the human right to science). The article seeks to provide a reflection on the opportunities arising from a mutually supportive interpretation of different international law instruments with regard to the means of implementation for SDG 14 in synergy with other SDGs (particularly SDG 17 on ‘Partnerships for the Goals’ and its targets related to technology transfer, capacity-building and partnerships)

Seize the Moment : Towards Fairer Capacity Building and Marine Technology Transfer

A new international legally binding instrument, developed under the UN Convention on the Law of the Sea (UNCLOS), will focus on the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction. International experience has highlighted that an integrated and well-resourced multilateral approach is needed to promote needs-based capacity building and technological support. A mutually supportive interpretation of international law instruments by UN member states can help those most dependent on technology transfer and capacity building — in particular the Least Developed Countries (LDCs) — to safeguard and fully implement present standards. This briefing illustrates how different areas of international law provide guidance on how to fulfil the duty to cooperate on marine science and technology in a way that meets LDCs' needs and priorities

Country report : Greece

This report addresses a number of normative developments from the past year that hold particular significance for the implementation of international and European Union (EU) environmental law in Greece. Significant progress was made in meeting overdue commitments under EU environmental law, particularly in the areas of marine environmental protection and environmental assessment. The period of reference was also marked by the adoption of a comprehensive legal framework for the management of the country’s protected area network. There are, however, some persisting shortcomings, stemming in large part from the socio-economic crisis that has troubled the country for the past decade and the structural issues that underlie it. For instance, almost two years after..

Environmental Protection and Law

Environmental protection has been held to be a ‘wall breaker’ for the EU, as already in the 1970s it pushed the EU project beyond its economic foundations to include broader concerns of human wellbeing. Since then, over 200 secondary legislative instruments on a wide range of environmental topics have been adopted. Additionally, the EU has increasingly integrated environmental considerations into other areas of EU law. It is estimated that nowadays 70-80% of national environmental legislation in the Member States is of EU origin. This chapter will first briefly introduce the fundamental elements of EU environmental law (and its basis in the Treaties). It will then discuss three different aspects of EU environmental regulation, which have made significant contributions to environmental protection in the UK. Against this backdrop, it will discuss the implications of Brexit for environmental protection in the UK and Scotland, concluding that despite risks of lowering protection levels, there are also opportunities for more ambitious approaches and for the recognition of local needs

Background Information Document for the CBD Expert Workshop to Develop Options for Modifying the Description of Ecologically or Biologically Significant Marine Areas, for Describing New Areas, and for Strengthening the Scientific Credibility and Transparency of this Process (5-8 December 2017, Berlin)

This background report aims to inform the Expert Workshop to Develop Options for Modifying the Description of Ecologically or Biologically Significant Marine Areas, for Describing New Areas, and for Strengthening the Scientific Credibility and Transparency of this Process (5-8 December 2017, Berlin), by providing information on: (1) the process on ecologically or biologically significant marine areas (EBSAs) and its legal status; (2) how other international processes/instruments address issues concerning the updating of relevant scientific information that can lead to the description of new areas of conservation value or modification of existing areas through scientifically robust and transparent processes; and 3) elements for consideration in relation to the EBSA process

European environmental law

This chapter explores the development of EU environmental law with a view to stressing its unique characteristics, and their relevance, from an international environmental law perspective. After outlining the objectives of Union action in the area of environmental protection and the division of competences, the chapter focuses on how a key component of EU environmental law, the environmental integration principle, has affected other EU policy areas of relevance from an international perspective: the EU Common Agricultural Policy and the management of Europe’s regional seas. The conclusions reflect on the extent to which the strengths and weaknesses of the Union’s approach to integrated environmental management allow for mutual learning in an international context, including with regard to matters at the intersection of international human rights and environmental law

Modeling groundwater and surface water interaction: An overview of current status and future challenges

The interaction between surface water and groundwater constitutes a critical process to understand the quantitative and qualitative regime of dependent hydrosystems. A multi-scale approach combining cross-disciplinary techniques can considerably reduce uncertainties and provide an optimal understanding of groundwater and surface water exchanges. The simulation process constitutes the most effective tool for such analysis; however, its implementation requires a variety of data, a detailed analysis of the hydrosystem, and time to finalize a reliable solution. The results of the simulation process contribute to the raising of awareness for water protection and the application of better management strategies. Knowledge of models' parameters has great importance to ensure reliable results in the modeling process. In this study, a literature overview of modeling applications in groundwater - surface water interaction is provided. In this context, a comprehensive and holistic approach to groundwater and surface water simulation codes is here presented; results, case studies, and future challenges are also discussed. The main finding of the analysis highlights uncertainties and gaps in the modeling process due to the lack of high frequency and depth dependent field measurements. In many studies, authors underestimate the importance of the hydrogeological regime, and the discretization of hydraulic parameters is often lumped in a simplified manner. The modeling ethics in terms of data transparency and openness should be widely considered to improve the modeling results. The current study contributes to overcome common weaknesses of model applications, fulfils gaps in the existing literature, and highlights the importance of the modeling process in planning sustainable management of water resources