Editorial

Editorial

Editorial Feb 2012

Welcome to the first edition of MEPIELAN E-Bulletin in 2012.

We are gratified to see that the previous editions of 2010 and 2011 of the Bulletin have been so well received by many readers. According to the latest figures, there have been over 7.200 visits to the Bulletin’s website from 139 countries worldwide. My gratitude and thanks go to all those who have been instrumental in the continuing success of this Bulletin.

I am pleased to report that there is a flourishing progress of the Bulletin at all levels. Its vision to be a dynamic forum for inter-disciplinary knowledge and discussion and an advocate, through insightful articles of current importance, of promoting and developing international common interest and its multifarious governance, is zestfully met with the increasing engagement of distinguished academic experts and scholars as well as promising young researchers. This edition features several new articles shedding light on hotly debated issues of international law and policy, environment and development. While continuing the unending flow of thematic news, this edition also presents a new international case of interest and it serves as a showcase for new books which are knowledge-advancing and theoretically-informed.

A Guest Article written by Tullio Scovazzi, Professor of International Law, University of Milan-Bicocca, Italy, offers an authoritative and timely overview of  the nature and extent of Maritime Zones in the Mediterranean, illustrating the contextual peculiarities reflected in the patchwork of the present legal regimes of sui generis zones (fisheries zones, ecological zones) and of the established, or officially declared, exclusive economic zones. As he underlines, this situation is directly related to the more general present picture of the Mediterranean Sea: a semi-enclosed “sea in transition towards a generalized exclusive economic zone regime” where, however, “some high seas areas still exist”.

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Editorial

Editorial Sep 2011

Welcome to the new edition of MEPIELAN E-Bulletin.

We are gratified that the previous editions have been so well received by many readers. Nearly a year after the MEPIELAN E-Bulletin’s launch, there have been over 5.500 visits to the Bulletin’s website from 133 countries worldwide. Once more, I wish to express my gratitude and thanks to all those who have been instrumental in the success of this Bulletin.

Each time we are striving to offer contributions from a variety of perspectives and approaches. Commited to serve the vision of this Bulletin, we provide a dynamic forum for inter-disciplinary knowledge and discussion, engaging international scholars, enlightened policy makers and promising young researchers in addressing critical environmental issues from the standpoint of promoting and developing international common interest. This edition is featured by several new articles, along with the steady stream of thematic news and the presentation of selected new, knowledge-advancing books. A Guest Article written by Peter M. Haas, Professor of Political Science, University of Massachusetts Amherst, offers an insightful and critical  view of the effort of the next global environmental conference “Rio Plus 20” to accelerate the shift to a “green economy” and institutional reform arrangements, “a seriously disjoined agenda” as he calls it, underlining their deficiencies in view of the indispensable need for building the social capacity for sustainable development and for broadening the discussion for institutional reform extending it beyond the monotonous UN restructuring.

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Editorial

Editorial Apr 2011

Welcome to the latest edition of MEPIELAN E-Bulletin.

We are gratified that the previous edition has been so well received by many readers. Nearly six months after the MEPIELAN E-Bulletin’s launch, there have been over 3.700 visits to the Bulletin’s website from 118 countries worldwide. Once again, I wish to express my gratitude to all those who provide us with continuous and valuable feedback and comments, an aspect that may emerge as a promising component of this Bulletin.

Each time we are striving to offer contributions from many perspectives, thus offering a dynamic forum for inter-disciplinary knowledge and discussion, and adequately serving the vision of this Bulletin and its critical as well as its theoretical undertaking. This edition is featured by several new articles, along with the steady stream of thematic news and the presentation of selected new, knowledge-advancing books. A Guest Article written by Professor Moira McConnell who perceptively explores the importance and special features of the ILO’s Maritime Labour Convention, 2006, in advancing an integrated approach to international environmental governance, as it covers the regime gap of the LOSC regime and complements the major IMO conventional maritime regimes, effectively injecting into them the human condition as distinct from human activities. Two new Insight Articles also feature this edition: Dr. Elli Louka, sheds light on the multifaceted aspects of management and disposal of nuclear materials that come out of weapons programs focusing on the regime of the Plutonium Disposition Agreement between the United States and Russia (2000) and its recent, more adapting, 2010 Protocol, addressing the context and the problems of the application of this regime in light of its unique technical characteristics and overtones and its distinct safety and environmental dimensions. Professor Dimitris Chryssochoou usefully theorizes on the new sovereignty discourse, bringing forward the individual-collective quality of sovereignty in a governance perspective thus providing more creative space for the challenging approach to consider global system as “an ordered plurality” – a critical point, in my view, to understand the nature and functioning of international (environmental) order as a process of governance of international common interest. Last, Ms. Theano Maneta  provides an interesting presentation of the Final Report of the U.S. National Commission, appointed by President Obama, on the causes of the Gulf of Mexico disaster and the future of offshore drilling.

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Editorial

Editorial Dec 2010

Welcome to MEPIELAN E-Bulletin.

It gives me immense pleasure in putting before you the latest edition of MEPIELAN E-Bulletin. We are gratified by the response the Bulletin is being received. Nearly three months after the MEPIELAN E-Bulletin’s launch, there have been over 2.000 visits to the Bulletin’s website from 93 countries worldwide. In this context, I would especially like to thank all those who provide us with continuous and valuable feedback and comments, an aspect that may emerge as a promising component of this Bulletin.

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Editorial

Editorial Sep 2010

Welcome to MEPIELAN E-Bulletin.

It gives me immense pleasure in putting before you this first edition of MEPIELAN E-Bulletin.

MEPIELAN E-Bulletin is a dynamic electronic newsletter of MEPIELAN Centre, Panteion University of Athens, Greece.  It features guest articles, insights articles, critical forum textual contributions and reflections, specially selected documents and cases as well as news on thematic topics of direct interest of MEPIELAN Centre, presented in a clear, insightful and attractive way whilst shedding light on topical issues of environmental law, governance and policy significance. Content bridges theory and practice perspectives of international law, international environmental law, sustainable development, and international negotiating process, and includes notifications of MEPIELAN cooperation updates and news. The Bulletin is an addition to our communication instruments which include an edited Series, the MEPIELAN Studies in International Environmental Law and Negotiation.

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Articles

Articles

Inter Folia Fulget: The UN General Assembly Resolution 76/300 of 28 July 2022 on “The Human Right to a Clean, Healthy and Sustainable Environment”

On 28 July 2022, the UN General Assembly (UNGA) adopted the landmark Resolution 76/300 “: “The Human Right to a Clean, Healthy and Sustainable Environment”. Resolution 76/300 was adopted with overwhelming support: 161 votes in favour, zero against, and 8 abstentions (Belarus, Cambodia, China, Ethiopia, Iran, Kyrgyzstan, Russia, and Syria).

The process of “carving out” the international recognition of the right to a clean, healthy and sustainable environment as a human right at the interacting international and national orders was naturally long and imperceptibly, but steadily, embedded in international negotiating process.

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Articles

The Pollution of Outer Space: Compulsory Norms Required for Addressing Hazardous Space Waste

Since the beginning of the space age, the outer space has been extensively used for communications, navigation, earth observation and climate monitoring. Communication satellites power telephony and the internet. Navigation satellites have provided us with the GPS, and other such systems, that make traversing the earth much easier. Reconnaissance or surveillance satellites observe the earth to detect changes alerting us about environmental deterioration, illegal activities or polluting emissions. Satellites, as evidenced by the war in Ukraine, can even warn us about the movements of enemy nations by detecting, for example, the accumulation of armies and weapons right on our borders ready for invasion. Satellites in the service of the World Meteorological Association have led to much more precise estimates about the anticipated magnitude of climate change.  Satellites and the rockets that propel them to space have made possible the beginning of conquest of space, the much-touted final frontier of humanity.

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Articles

The Conundrum of Defining the Caspian Sea

The Caspian Sea has been shared for centuries between Russia/USSR and Persia/Iran. Before the dissolution of the Soviet Union in 1991, the international legal status of the Caspian Sea was governed by the International Treaties of 1921 and 1940, in which no specific definition was given to the Caspian Sea and its sui generis status was not named, but it was de facto condominium. These Treaties were accepted and recognized by the international community.[1] Since 1991, the three newly formed littoral states, former Republics of the USSR – Azerbaijan, Kazakhstan and Turkmenistan, have expressed a need to establish the new legal regime of the Caspian Sea.

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Articles

Green hydrogen perspective and energy transition: Advancing sustainable energy governance in the Mediterranean region

The European Union (EU) has set an ambitious goal to become the first climate-neutral continent by 2050, and is relying on the European Green Deal (EGD) to achieve it, along with the Renewable Gases and Hydrogen Directive. The 2022 Russian invasion of Ukraine has accelerated the EU's strategy for energy resilience and replacing fossil energy carriers. Within the 2019 EGD vision and framework, renewable, low-carbon, and net-zero gases will have a prominent role to play in decarbonizing the EU economy. Hydrogen as a clean, reliable and potentially sustainable energy vector is a rising enabler for a multisectoral transition towards a low-carbon economy based on renewable energy sources.

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Articles

Remedies for Loss & Damage from Climate Change: From Concept to Reality?

Efforts to deal effectively with loss and damage (L&D) in the UN climate regime, and to provide for avenues to remedy associated harms, have so far failed. While these efforts are ongoing, it is becoming increasingly clear that a broad range of international regimes and domestic legal systems will be challenged to respond to calls for appropriate remedies for those harmed by L&D. L&D is not defined in the UN climate regime. It has been suggested in the literature, however, that the phrase ‘loss and damage’ recognizes two categories of harm. One category involves permanent harm, or irrecoverable ‘loss’, such as the loss of landmass from sea level rise. The second category involves reparable or recoverable ‘damage’, such as shoreline damage from storms.

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Articles

The EU Implementation of the Nagoya Protocol to the Biodiversity Convention: A Game Changer or Institutional Paralysis?

Unimproved germplasm, the way found in nature, and landraces cultivated by farmers around the world for years, were, till the adoption of the Biodiversity Convention, a free access resource. Improved germplasm, by breeding or bio-engineering, on the other hand, is often protected by patents or other sui generis intellectual property rights (IPRs). The power of the seed industry, the industry that has acquired IPRs over most of the improved germplasm, has increased dramatically. Five big companies, Syngenta (owned by ChemChina), Bayer (Germany), Corteva (US, a spinoff of DowDuPont) and BASF (Germany) control a sizeable piece of the total seed market and 90 percent of the agrochemical market. The oligopolistic nature of the seed industry makes improved germplasm often prohibitively expensive for the farmers of the developing countries.

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Opinions

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Documents & Cases

Documents & Cases

Nicaragua Files New Proceedings Against Costa Rica Before the International Court of Justice over Sovereignty Violations and Major Environmental Damages to its Territory

On 22 December 2011 the Republic of Nicaragua filed suit against the Republic of Costa Rica at the International Court of Justice (ICJ) alleging that Costa Rica’s plan for the construction of a road along the border area between the two countries violates its territorial integrity and has serious environmental consequences to the ecosystem.

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Documents & Cases

“Deep Water: The Gulf Oil Disaster and the Future of Offshore Drilling” – Final Report of the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling

April 2010 marked a catastrophe of an unprecedented scale in the Gulf of Mexico that was undoubtedly a turning point for the future of offshore drilling not only in the United States, but worldwide. On April 20, the Macondo well that was situated 50 miles offshore Louisiana blew out causing the sinking of the semi-submersible Deepwater Horizon rig which resulted in injuring 17 and costing the lives of 11 workers and in having devastating environmental and broader economic impacts. On January 2011, the “National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling”, appointed by President Obama on 22 May 2010, handed over its report after a six-month intense research period.

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Documents & Cases

CoE/CEMAT Moscow Declaration on “Future Challenges: Sustainable Spatial Development of the European Continent in a Changing World” July 9, 2010

The 15th Council of Europe Conference of Ministers Responsible for Spatial/Regional Planning (CoE/CEMAT) was held in Moscow (Russian Federation) on 8-9 July 2010 on the theme “Future Challenges: Sustainable Spatial Development of the European Continent in a Changing World”.

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Books

Books

The Handbook of Global Climate and Environment Policy

The Handbook of Global Climate and Environment Policy presents an authoritative and comprehensive overview of global policy on climate and the environment. It combines the strengths of an interdisciplinary team of experts from around the world to explore current debates and the latest thinking in the search for global environmental solutions.

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Books

Environmental Governance of the Great Seas – Law and Effect

The great seas contain immense resources and provide invaluable services to humankind, yet their environmental conditions are threatened worldwide. The authors of this comprehensive and interdisciplinary study provide a rich assessment of the seas and the efficacy of the international environmental regimes governing them, as well as suggestions for improving governance and protection.

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Books

Global Environmental Governance Reconsidered

The notion of global governance is widely studied in academia and increasingly relevant to politics and policy making. Yet many of its fundamental elements remain unclear in both theory and practice. Yet many of its fundamental elements remain unclear in both theory and practice. This book offers a fresh perspective by analyzing global governance in terms of three major trends, as exemplified by developments in global sustainability governance.

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Books

Nuclear Weapons, Justice and Law

Elli Louka, in this timely written important book, skillfully presents, in a “realistic” language, a thorough and insightful examination of the nuclear non-proliferation order and the particularities of its governance in its various contexts. It is often argued that the nuclear non-proliferation order divides the world into nuclear-weapon-haves and have-nots creating a nuclear apartheid.

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Books

The World Ocean in Globalisation

In this major book, edited by Davor Vidas and Peter Johan Schei, thirty-three experts on marine affairs and the law of the sea examine the emerging challenges for the World Ocean, inquiring into developments prompted by globalisation in central issue-areas of the law of the sea. These are explored systematically in sections on the key challenges and developments in the interface of science, economic uses and law (Part I); climate change and the oceans (Part II); sustainability of fisheries (Part III); challenges and responses related to global maritime transport (Part IV); and the regulatory responses to global challenges in seas surrounding Europe (Part V).

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Books

Law, Technology and Science for Oceans in Globalisation

In this major book, edited by Davor Vidas, thirty-four experts on marine affairs and the law of the sea, from six continents, examine the emerging challenges for our World Ocean. The accumulating consequences of human activities on the seas indicate that the Earth may already have entered a new epoch, the Anthropocene, dominated by the human impact. This volume analyses developments in the interface of law, technology and science in some central law-of-the-sea issue areas. These are explored systematically in sections on the World Ocean in the Anthropocene epoch (Part I); combating illegal, unreported and unregulated fishing (Part II); combating illegal oil spills from ships (Part III); marine genetic resources and bio-prospecting (Part IV); and the continental shelf beyond 200 nautical miles from the baselines (Part V).

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Thematic News

Environmental Governance Regimes

Tunisia becomes the 13th Contracting Party to ratify the ICZM Protocol

On November 29, 2022, Tunisia, under Decree No 2022/917, ratified the ICZM Protocol becoming the 13th Contracting Party bound by the relevant provisions. Signed in January 2008 in Madrid by 15 Contracting Parties to the Barcelona Convention and entered into force on March 24, 2011, following the sixth ratification of the Protocol by the Syrian Arab Republic, the Integrated Coastal Zone Management Protocol constitutes the first regional, legally binding regulatory instrument concerning coastal zone management.

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Climate Change

COP 27 hosted a first-ever Mediterranean Pavilion

Convened from November 6 to November 18, 2022, in Sharm El-Sheikh, Egypt, also known as the City of Peace, the 27th Conference of the Parties of the United Nations Framework Convention on Climate Change hosted for the first time a Mediterranean Pavilion. This development reflects a joint initiative led by the Secretariat of the Union for the Mediterranean (UfM) together with UNEP/MAP and the PRIMA Foundation along with the participation of numerous scientific institutions dealing with the adoption of climate action in the region. The initiative has been co-sponsored by Plan Blue, UNEP/MAP’s Regional Activity Center with expertise in sustainable development, and MedWaves, the UNEP/MAP’s Regional Activity Centre for Sustainable Consumption and Production, and the independent network of scientists MedECC (Mediterranean Experts on Climate and Environmental Change).

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Public Participation in Environmental Governance

A new dimension for Participatory Rights: Spain recognizes the Mar Menor lagoon as a “subject of rights” and allows for its autonomous governance to ensure its ecosystemic protection

On 30 September 2022, the Spanish Government approved the landmark  Law 19/2022 “for the recognition of legal personality of the Mar Menor lagoon and its basin” which grants a new legal status to the Mar Menor coastal lagoon recognizing the rights of the Mar Menor lagoon ecosystem and its basin and  allowing for its autonomous governance. The lagoon marine ecosystem of the Mar Menor, with an area of ​​135 km 2, is the largest coastal lagoon in the Spanish Mediterranean and one of the largest in the western Mediterranean, and, according to the WWF, the Europe’s largest salt-water lagoon. This innovative Law transforms the treatment of the lagoon given until now “from being a mere object of protection, recovery and development, to being an inseparably biological, environmental, cultural and spiritual subject.”

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Sustainable Development Goals and Agenda 2030

Celebrating its 50th Anniversary, UNEP links its Strengthening with the implementation of the environmental dimension of the 2030 Agenda for Sustainable Development

In the aftermath of the fifth United Nations Environmental Assembly, UNEP convened, on 3-4 March 2022, a special session called UNEP@50 to commemorate the 50 years since the establishment of the United Nations Environmental Programme in 1972, in Stockholm.  The meeting was held under the theme “Strengthening UNEP for the implementation of the environmental dimension of the 2030 Agenda for Sustainable Development”, providing the opportunity for high-level officials, scientists, academia, and civil society to reflect on the organization’s five decades of engagement into environmental affairs. In this context, the meeting explored how to further strengthen UNEP in the entity’s endeavor to substantially implement the environmental dimension of the sustainable development, thus contributing to the battle against the triple planetary crisis of climate change, biodiversity loss, and pollution.

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Obituaries

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About MEPIELAN eBulletin

MEPIELAN E-Bulletin is a digital academic and practitioner newsletter of the MEPIELAN Centre, launched in 2010.  It features insight articles, reflective opinions, specially selected documents and cases, book reviews as well as news on thematic topics of direct interest of MEPIELAN Centre and on the activities and role of MEPIELAN Centre. Its content bridges theory and practice perspectives of relational international law, international environmental law and participatory governance , and international negotiating process, thus serving the primary goal of Centre: to develop an integrated, inter-disciplinary, relational, context-related and sustainably effective governance approach creating, protecting and advancing international common interest for the present and future generations. Providing a knowledge- and information-sharing platform and a scholarly forum, the Bulletin promotes innovative ideas and enlightened critical views, contributing to a broader scholarly debate on important issues of international common interest. The audience of the Bulletin includes academics, practitioners, researchers, university students, international lawyers, officials and personnel of international organizations and institutional arrangements, heads and personnel of national authorities at all levels (national, regional and local), and members of the civil society at large.