Social and environmental injustices in solid waste management in sub-Saharan Africa: a study of Kinshasa,the Democratic Republic of Congo

This paper investigates social and environmental injustices in solid waste management in Kinshasa, the capital of the Democratic Republic of Congo. The urban poor in most parts of Kinshasa bear a huge encumbrance of the solid waste burden and face multiple challenges associated with poor management of solid waste. This situation has resulted in poor and unhealthy living conditions for the majority of the urban residents. The problem of solid waste management in Kinshasa has further been compounded by rapid urbanisation which has occurred in the face of poor urban governance, civil conflict and weak institutional set-up. The combination of these challenges has resulted in increased overcrowding, poor sanitary conditions, lack of water and an unprecedented accumulation of solid waste which have triggered a myriad of urban problems. The worst affected are the poor urban who reside in locations that receive little or no socio-economic services from the Kinshasa Municipal authority. Using secondary data collected through a desk study, this paper argues that the poor solid waste situation in Kinshasa is not only a health risk, but also presents issues of both social and environmental injustices. These issues are analysed within the context of evolving arguments that focus on the need to develop a pro-poor approach in solid waste management that may present an opportunity for achieving both social and environmental justice for the urban poor in Kinshasa.     

Cities and the challenge of multiscalar climate justice: climate governance and social equity in Chicago,Birmingham, and Vancouver

The imperative of climate justice has been gaining political and discursive power in international climate negotiations. Yet scholars are just beginning to investigate how climate policies are impacting social equity in practice. This paper contributes concrete examples and a multiscalar analysis to this emerging understanding. As cities are increasingly important players in global climate governance, it examines cases from three cities in the global North that have made notable attempts to reduce greenhouse gas emissions in a socially just way: Chicago, Illinois; Birmingham, England; and Vancouver, British Columbia. These cases show that there is significant potential for cities to further global climate justice through emission reductions while enhancing social justice locally. However, they also demonstrate the importance of understanding just carbon mitigation as a multiscalar phenomenon. In each of these cities, leaders’ abilities to mitigate climate change in a just way are shaped by larger processes of changing global markets, political opportunities and constraints, and inconsistent national regulatory environments. To the extent that cities continue to act as important sites of the carbon mitigation necessary to achieve global climate justice, this research highlights the necessity of creating national and global political conditions that enable the implementation of just climate mitigation in urban areas.     

中国农村能源正义的法律实现

为了厘清中国能源正义的现况,为《能源法》的制定提供直接参考,本文选择中国农村能源正义作为具体的研究对象,主要采用规范分析的研究方法,从能源正义和农村能源正义的概念界定入手,描述了中国农村能源不正义的事实现况和法律现况,指出了中国农村环境正义法律实现的路径,并阐释了法律实现的关键。本文认为,农村能源正义是指,能源的所有方、供给服务方、消费方等主体不因其农民的身份性质、农村的地域分布和农业的禀赋强弱等因素,而应在能源的勘探开发、加工转换、仓储运输、供给服务等领域享有平等的对待和实质的参与;农村能源不正义的事实现况主要表现为农村能源并未全面体现能源的自然、经济、安全和生态等多维价值,而其法律现况则主要表现为现有的能源立法并未对农村能源在分配、程序、矫正和社会正义上做系统的表达。本文指出,中国农村能源正义法律实现的路径,其逻辑起点在于保障农民的能源权,应首先从法律上正面规定公民的能源权,进而采用《能源法》的集中表达与相关法律部门的分散表达相结合的具体方式和步骤。本文建议,中国农村能源正义法律实现的关键是科学制定《能源法》,首先要明确其核心地位,处理好与《农业法》等法律部门之间的关系;其次要在总则中,重述立法目的、规定公民能源权、完善能源普遍服务;最后在《能源法》的分则中专设"农村能源"的章节,整合现有的《能源法(征求意见稿)》的内容,并从原则、规划、保障、生态化、公众参与、授权、救济、法律责任等方面进行优化。     

Remedies for loss and damage caused by climate change from the dimension of climate justice

Adverse consequences to the ecological system and human health caused by impacts potentially attributable to climate change have already drawn great and widespread concern of many scientists and international organizations. However, we still have a hard time determining exactly the impact of climate change on the environment or the damage that climate change inflicts on countries comprising small islands or low-lying lands in light of today’s science and technology. The progress for dealing with the issue of loss and damage has been struggling for a long time from the beginning to the present. In this paper, the author begins by summarizing talks on the concept and the positions of commentators. The author is proposing that the development of future climate negotiations and rule-making process be based on global climate justice as a standard for measuring value. Also, the author proposes that a holistic view of climate justice be established. Generally, three aspects of climate justice can be derived. First, the dimension of human rights protection shows that protection of fundamental human rights is a logical precondition if small-island and low-lying countries are able to achieve climate justice. Second, the definite and traditional concepts of distributive justice and corrective justice hold the view that the principle of common but differentiated responsibilities should be upheld as a basic standard of allocating rights and duties associated with climate change. Third, climate justice requires that any state follow the “no-harm principle,” which is regarded as an international customary rule. According to the principle, the obligation of states to prevent the use of their territory for causing trans-boundary harm to the environment shall be a violation of state responsibility, which incurs international punishment. Then we put forward three remedial approaches in light of climate justice, including the approach of State Responsibility (SR) based on the principles and rules of international human rights law and international environmental law. Based on clear rules, the judge can determine whether the damaging behavior or the damage perpetrated by a state party constitutes a state responsibility. The International Environmental Regulation (IEB), which means solving the problems within the framework established by the Conventions on Climate Change, takes advantage of the market mechanisms and incentives such as fund and insurance support system to relieve or compensate the loss and damage. International Environmental Dispute Settlement Mechanism (IEDSM), which includes the means such as consultations, negotiations, nonmandatory ways and international arbitration, international judicial ways to solve these disputes, functions as a procedural safeguard. As an active promoter of global climate governance, China should no doubt stand by the principle of Common But Differentiated Responsibility (CBDR) and take it as a basis for negotiations, actively strengthen the work of South-South cooperation, fulfill her international climate commitments without reservation, vigorously develop a low-carbon economy, and actively promote international negotiations on the subject of loss and damage.     

跨流域调水的公正问题——基于环境正义的分析视角

水资源时空分布不均造成的水资源短缺问题已成为阻碍区域发展的重要因素。为了应对区域间的水资源短缺问题,跨流域调水工程作为不同流域水资源优化配置的一种手段,被广泛用于解决水资源分配不均和区域需水不平衡问题。调水工程虽然短期内缓解了水资源压力,平衡了区域间用水需求,但其建设和运营过程对工程所涉区域的地方经济、地理环境、人文环境以及生态环境也造成不同程度的压力。本文通过对当前世界范围内跨流域调水工程的文献回顾,围绕跨流域调水工程所引发的社会公平正义层面的争议,借助环境正义理论的分析方法,通过对国内外调水案例的实践分析,追踪相关环境不公的现象和争议,剖析当前社会—生态冲突的产生机制。最后从我国水生态文明建设实际出发,提出以建立健全水权交易市场,构建"赋权—认同—合作"参与机制和树立"人类命运共同体"理念的解决对策,以期降低调水工程对环境和社会所造成的负面影响,推进水生态正义体系的建设。     

Towards socially just adaptive climate governance: the transformative potential of conflict

Conflict is an important factor in ongoing climate change debates and its role in management is under increasing scrutiny. In this paper, I present the results of an advanced discourse analysis that analyses trends in the relationship between conflict and climate change. I present two primary discourses dominate discussion: (i) climate as a security risk and (ii) climate as one of many factors affecting power relations that may lead to conflict. Both narratives implicitly or explicitly discuss climate conflict as a cause–outcome relationship, and further primarily construct conflict and climate change within normative frames. Yet, conflict has transformative potential and can be incorporated into management in ways that harness its capacity to drive innovation and lead to more robust and just adaptive governance. I argue for a shift in the discursive frame from a cause– outcome-oriented approach to a process-driven approach, one that treats conflict as an integral part of adaptive governance processes, thus being more just and equitable. Such a shift in focus can lead to positive on ground climate adaptation outcomes, in ways that respect rather than are counter-intuitive to dominant political and societal imbalances and institutional structures.     

Left to interest groups? On the prospects for enforcing environmental law in the European Union

ABSTRACT

There have been important changes in the enforcement of European Union environmental law over the last 25 years. Environmental law has traditionally been reliant on the European Commission, but the Commission has started to withdraw from enforcement. Instead, it is undertaking efforts to ‘outsource’ enforcement to environmental non-governmental organisations (NGOs) by systematically promoting access for such groups to national courts. While the Commission has indicated that it sees centralised and private enforcement as substitutes, the advantages and drawbacks of each mechanism are evaluated and it is concluded that both mechanisms have an important role to play. In particular, the private enforcement of EU environmental law is dependent on national opportunity structures that are unlikely to ever be fully liberalised and harmonised by EU procedural law. Private enforcement is therefore not a panacea for compliance problems, and the growing absence of a central enforcing authority is a cause for concern.     

Public Participation Mechanisms in Environmental Disasters

This paper examines the role of public participation mechanisms in certain major environmental disasters. It examines situations in which people’s lifestyles or their lives have been directly threatened, and thus elicited citizen participation. Threatening issues often seem morally, physically, socially, economically, religiously, and otherwise unacceptable to a group. As will be presented in this paper, citizens voluntarily participate in a community activity when they see that their way of life has been threatened. An introductory historical perspective, the legal framework upon which it is based, and background information on the participatory mechanisms, all emphasizing the importance and need for empowering citizens with participatory skills so as to bring changes in the existing educational, legal, and social systems are presented. The major environmental accidents/disasters of Minamata, Japan; Bhopal, India; Seveso, Italy; Chernobyl, Ukraine; and Exxon-Valdez, Alaska are discussed, mainly to indicate the reaction, and the participatory mechanisms used by the affected communities in each of the sudden disasters that occurred. If citizens worldwide had been active participants in the environmental issues, it is quite possible that we would have experienced fewer environmental accidents.     

Synergy or substitution? The interactive effects of insiders' fairness and support and organizational socialization tactics on newcomer role clarity and social integration

Drawing on fairness heuristics theory (Lind, 2001) and cue consistency theory (Maheswaran & Chaiken, 1991; Slovic, 1966), we test a moderated mediation model that examines whether the institutionalization of organizational socialization tactics enhances or constrains the beneficial effects of supervisory and coworker‐referenced justice and support on newcomer role clarity and social integration. The findings of a three‐wave study of 219 French newcomers show that although institutionalized tactics strengthen the positive indirect effects of supervisory interpersonal and informational justice on role clarity, via perceived supervisor support, it also acts as a substitute that weakens the positive indirect effect of coworker‐referenced interpersonal justice on social integration, via perceived coworker support. Implications of the findings for socialization research and practice are discussed.     

It is time for justice: How time changes what we know about justice judgments and justice effects

Organizational justice is an important determinant of workplace attitudes, decisions, and behaviors. However, understanding workplace fairness requires not only examining what happens but also when it happens, in terms of justice events, perceptions, and reactions. We organize and discuss findings from 194 justice articles with temporal aspects, selected from over a thousand empirical justice articles. By examining temporal aspects, our findings enrich and sometimes challenge the answers to three key questions in the organizational justice literature relating to (i) when individuals pay attention to fairness, including specific facets, (ii) how fairness judgments form and evolve, and (iii) how reactions to perceived (in)justice unfold. Our review identifies promising avenues for empirical work and emphasizes the importance of developing temporal theories of justice. Copyright © 2014 John Wiley & Sons, Ltd.