The Experts below are selected from a list of 87 Experts worldwide ranked by ideXlab platform
Greg Severinsen - One of the best experts on this subject based on the ideXlab platform.
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Diving in the Deep End: Precaution and Seabed Mining in New Zealand's Exclusive Economic Zone
2015Co-Authors: Catherine J. Iorns Magallanes, Greg SeverinsenAbstract:Environmental Precaution has developed as one of the cornerstones of modern law concerning sustainability. The idea is that where there is uncertainty as to the effects of a proposed activity, such uncertainty should not be used as an excuse for taking no action to address effects. While New Zealand's key Environmental statute, the Resource Management Act 1991 (RMA), does not specifically refer to Precaution in its consenting context, the courts have seen a Precautionary approach as inherent in its provisions in a variety of ways. The Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (EEZ Act), in contrast, specifically requires decision makers to favour caution and Environmental protection in s 61(2) when information is uncertain. However, the exact ways in which this is to occur are unclear. The EEZ Act closely mirrors the structures of the Resource Management Act, and the ways in which Precaution has been recognised in the latter might also be recognised in the former without the need to refer to s 61(2). It is therefore helpful to consider what that section will add to a regime into which Precaution can already be read. This article explores the merits of various ways in which Precaution could be implemented under s 61(2). It also investigates the way in which Precaution has been treated by the Environmental Protection Authority in the context of deep seabed mining in the first two consenting decisions made under the Act. It concludes that, despite some comments that s 61(2) is vague and weak, the most persuasive interpretation is one that has at least the potential to be relatively liberal and strongly Precautionary.
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A stitch in time saves...the seabed?: A Precautionary approach to mining in new zealand's exclusive economic zone
Journal of Natural Resources, 2015Co-Authors: Catherine J. Iorns Magallanes, Greg SeverinsenAbstract:Environmental Precaution has developed as one of the cornerstones of modern law concerning sustainability. The idea is that where there is uncertainty as to the effects of a proposed activity, such uncertainty should not be used as an excuse for taking no action to address effects. In common parlance, 'a stitch in time saves nine'. New Zealand's Environmental law has a relatively short - yet rich - history of Precautionary thinking. From its origins in European (and, in particular, German) municipal law and its translation into various international instruments, the idea of Precaution found formal expression in New Zealand's resource management legislation from the mid-1990s. New Zealand's key Environmental statute, the Resource Management Act 1991 (NZ) ('RMA'), does not specifically refer to Precaution in its consenting context, yet the courts have seen a Precautionary approach as inherent in its provisions in a variety of ways. In contrast, the recently enacted Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (NZ) ('EEZ Act') specifically requires decision-makers to favour caution and Environmental protection when information is uncertain. However, the exact ways in which this is to occur are unclear. This article considers the development of Precaution as a legal concept in New Zealand Environmental law, from its inclusion in the fisheries context to its most recent conceptualisation in the EEZ Act. The latter, the article argues, has drawn on the relatively weak and vague requirements of previous formulations, but has repackaged and strengthened them to produce a strong and directive approach to dealing with risk and uncertainty. It could mark a potential turning of the tide for Precautionary thinking in New Zealand. Recent decisions concerning seabed mining have indeed suggested this may be the case.
Philip Thomas - One of the best experts on this subject based on the ideXlab platform.
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Measuring gross disproportion in Environmental Precaution to establish regulatory expropriation and quantum of compensation in international investment arbitration
European Journal of Law and Economics, 2016Co-Authors: David Collins, Philip ThomasAbstract:This article applies a new methodology for the assessment of Environmental risk prevention expenditure to the adjudication process of international investment arbitration. The Disproportion Factor Model can be implemented by investment arbitration tribunals to evaluate the reasonableness of Environmental regulations imposed by host states that have a damaging impact upon foreign investment activity, such as would be the subject for a claim of indirect or regulatory expropriation. In this setting the Disproportion Factor Model can help illustrate whether a host state measure is unreasonable and in that sense should engage the investor’s entitlement to compensation under international law. It also acts as an objective guide to the setting of an appropriate quantum of compensation for the injured investor by reference to the Environmental benefits that the regulation aimed to achieve relative to their costs, as evaluated by a rational decision-maker. The formula should be consequently viewed as a useful tool in judicial analysis by international investment tribunals.
G. Matuschek - One of the best experts on this subject based on the ideXlab platform.
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The role of thermal analysis in Environmental protection
Journal of thermal analysis, 1996Co-Authors: A. A. Kettrup, G. MatuschekAbstract:In the past industry has developed chemicals and products, optimized for the best suitable properties concerning different application fields. Now, ideas of Environmental Precaution are arising, on the one hand looking for reduction of materials flow to avoid or minimize the waste, on the other hand following the idea of process and product integrated Environmental protection. That means to develop processes and products which are safer and more tolerant regarding the environment and its organisms. In this connection thermal analysis is a very successful tool for predicting the risk of burning processes or fire accidents. Thermal analysis in this context means the classical thermal analysis methods like DTA, TG, DSC and its couplings with gas analysis methods as well as the simulation of burning processes in different kind of furnaces with identification and quantification of the evolved gases.
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The role of thermal analysis in Environmental protection
Journal of Thermal Analysis, 1996Co-Authors: A. A. Kettrup, G. MatuschekAbstract:In the past industry has developed chemicals and products, optimized for the best suitable properties concerning different application fields. Now, ideas of Environmental Precaution are arising, on the one hand looking for reduction of materials flow to avoid or minimize the waste, on the other hand following the idea of process and product integrated Environmental protection. That means to develop processes and products which are safer and more tolerant regarding the environment and its organisms.
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Plenary Lecture THE ROLE OF THERMAL ANALYSIS IN Environmental PROFF_L-TION
1996Co-Authors: A. A. Kettrup, G. MatuschekAbstract:In the past industry has developed chemicals and products, optimized for the best suitable properties concerning different application fields. Now, ideas of Environmental Precaution are arising, on the one hand looking for reduction of materials flow to avoid or minimize the waste, on the other hand following the idea of process and product integrated Environmental protection. That means to develop processes and products which are safer and more tolerant regarding the environment and its organisms. In this connection thermal analysis is a very successful tool for predicting the risk of burning processes or fire accidents. Thermal analysis in this context means the classical thermal analysis methods like DTA, TG, DSC and its couplings with gas analysis methods as well as the simulation of burning processes in different kind of furnaces with identification and quantification of the evolved gases.
Ulrike Pröbstl - One of the best experts on this subject based on the ideXlab platform.
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One common way — The strategic and methodological influence on Environmental planning across Europe
Environmental Impact Assessment Review, 2009Co-Authors: Alexandra Jiricka, Ulrike PröbstlAbstract:Abstract In the last decades the European Union exerted influence on Precautionary Environmental planning by the establishment of several Directives. The most relevant were the Habitat-Directive, the EIA-Directive, the SEA-Directive and the Water Framework Directive. Comparing these EU policies in the area of Environmental Precaution it becomes obvious that there is a lot of common ground. Thus, the conclusion seems likely that the European Union, in doing so, has intended to establish general planning concepts through introducing several methodological steps indicated by the regulations. The goal of this article is firstly to point out, which are the common planning principles, converted by methodological elements and secondly examine the consideration of these planning concepts by the implementation and application in the member states. In this context it is analysed whether the connections and divergences between the directives lead to significant differences in the implementation process. To this aim the directives are shortly introduced and significant steps of the processes regulated by them are outlined. In the second steps the national legal implementation in the Alpine states and its consequences for the practical application are discussed. The results show a heterogeneous application of the EU principles. Within the comparative view on the four directives influence and causalities between the national implementation and the practical application were identified, which can be simplified as four types. Since a coherent strategic and methodological concept for improving Environmental Precaution planning from part of the EU is noticeable, more unity and comparability within the implementation is desirable, particularly in areas with comparable habitats such as the alpine space. Beyond this the trade-off between the directives poses an important task for the future.
R. Willows - One of the best experts on this subject based on the ideXlab platform.
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Managing the impacts of nutrient enrichment on river systems: dealing with complex uncertainties in risk analyses
Freshwater Biology, 2012Co-Authors: Trevor Page, Ann Louise Heathwaite, Brian Moss, C. Reynolds, Keith Beven, L. Pope, R. WillowsAbstract:1. Rivers and their catchments are complex, dynamic and non-equilibrium systems. Although the general functioning of these ecosystems is familiar, the characteristics of particular sites are often poorly known and accurate prediction of future behaviour to inform management decisions is extremely difficult. 2. Simple relationships between river nutrient concentrations and the health of river ecosystems do not exist. Natural variability and practical and technical constraints reduce our ability to set nutrient targets to protect river ecosystems. Particularly challenging is the use of simple dose–response relationships as regulatory threshold targets, whereby sections of river are classified as either passing or failing to meet good ecological status. 3. Ecologically meaningful frameworks are needed that take account of the epistemic uncertainty associated with our predictions. Such frameworks should have clearly defined goals; be holistic; allow for natural variability; help to define ecologically acceptable Environmental regimes; recognise that significant uncertainties mean that we will often be using indices rather than absolute measures; and use measures that explicitly include uncertainty estimates. Such approaches allow those outside the decision-making process to understand the level of Environmental Precaution included in the management of complex systems.