Significant developments in sustainable development law and governance: A proposal

This article develops a practical proposal for progress on sustainable development law. It examines the prospects for an international sustainable development law to provide a framework for more effective, coherent governance. Sustainable development law is briefly defined and an analytical framework is provided. Different degrees of integration between economic, social and environmental law are described. Certain principles of international law related to sustainable development are also highlighted. It is argued that these principles may serve to guide law‐makers and jurists where social, economic and environmental law and policy conflict or overlap. Continuing, underlying questions of sustainable development governance are addressed and its global frameworks analysed. The article also focuses on the 2002 World Summit on Sustainable Development, held in Johannesburg in August‐September 2002, and its specific mandate for the United Nations Commission on Sustainable Development (UNCSD) to take related legal developments into account. The article advances a proposal: that governments, economic, social and environmental intergovernmental organizations and other actors establish a ‘network of inquiry’ with members from relevant groups, including legal and academic organizations, and other expert groups, in order to follow, research, analyse and debate legal developments in a balanced way.     

When unequals are treated equally: the 2002 commission of inquiry into Orica's Geomelt proposal

This paper deals with the Commission of Inquiry (COI) established by the NSW Department of Planning to examine Orica's proposal to build a Geomelt plant at its Botany site to destroy its stockpile of Hexachlorobenzene. The Inquiry is analysed in light of the literature on democracy/democratisation. The paper argues that the standard operating procedures of the Inquiry ensured that all stakeholders were treated equally. However, this equality was found to be purely formal, and drawing on the critique of formal equality dating back to Aristotle, it is argued that treating unequals equally results in the circumvention of deliberative democratic ideals by perpetuating entrenched structural inequalities while nonetheless giving the superficial appearance of fair play.     

Using data linkage to assess the impact of motorized recreational vehicle-related injuries in Ohio

Problem

Motorized recreational vehicle (MRV)-related injuries can result in severe medical and financial consequences. The objective of this study was to describe the epidemiology, and clinical and financial impact of MRV-related injuries in Ohio.

Method

Probabilistically linked statewide Emergency Medical Services (EMS) and hospital (inpatient and emergency department) data for 2003 and 2004 were examined. Record pairs with a MRV-related E-code (E821-E823, E825) were included in this study.

Results

There were 2,893 patients with MRV-related injuries, who had linked EMS and hospital records, resulting in more than $15 million in hospital charges and 1,921 inpatient days of hospitalization. The male-to-female ratio was nearly 4:1, and 19% were younger than 16. Almost 82% of cases were not wearing a helmet; there was a trend of decreasing helmet use with increasing age. Mean (SE) inpatient hospital charges and length of stay (LOS) were $22,218 ($1,290) and 3.8 (0.2) days, respectively. The mean (SE) Injury Severity Score (ISS) for inpatients was 9.2 (0.4). Individuals injured on a street/highway were 3.20 times more likely to sustain an ISS ≥ 16 (95% CI: 1.03, 9.88; p = 0.044) and 3.05 times more likely to sustain a traumatic brain injury (TBI) (95% CI: 1.17, 7.94; p = 0.024) than those who were injured at a place designated for sport or recreation. Children aged 12 to 15 and young adults aged 16 to 25 were 2.47 and 2.14 times more likely, respectively, to sustain a TBI than adults aged 36 or older (aged 12 to 15: 95% CI: 1.13, 5.38; p = 0.024; aged 16 to 25: 95% CI: 1.26, 3.64; p = 0.005). Higher ISS was associated with both higher total charges (p < 0.001) and longer LOS (p < 0.001).

Discussion

This study demonstrates that MRV-related injuries are an important public health problem in Ohio, with a substantial clinical and financial impact.

Impact on Industry

Enactment and enforcement of statewide MRV safety legislation and training of MRV users offer valuable opportunities to prevent these costly injuries.     

The new regime for managing US—Mexican water resources

United States-Mexican transboundary water resources management is presently experiencing significant reform resulting from long-term demographic processes in the border region and greater economic integration. The recently concluded North American Free Trade Agreement and supplementary environmental accord modify existing agreements and provide old institution with new mandates. Particularly affected is the International Boundary and Water Commission (IBWC), long the lead agency in binational water management. This essay reviews the development of the new water management regime against the two preceding phases of management reform and considers its implications for improved water management in the border region.     

Environmental Health Policy: Analytic “Framing” of the Great Lakes Picture

/ The International Joint Commission (IJC) has overseen the implementation of the Great Lakes Water Quality Agreement between Canada and the United States for 25 years. Part of its mandate has been to facilitate international cooperation among a diversity of stakeholders focusing on the "waters" and the "ecosystem." In the 1970s policy focused on phosphorus reduction and individual contaminants, with some efforts (after 1978) to take an ecosystem (ecological perspectives) approach. In the last 15 years human health effects from (real and perceived) environmental causes have received considerable recognition. By contrast, less concern has been expressed for what is traditionally considered "environment" issues (such as protecting fish species). This shift at the policy level is well illustrated in the manner in which human health is increasingly used as a way for mobilizing environmental agendas. This paper analyzes nine IJC biennial reports to track how the framing of Great Lakes issues has shifted from concern for its waters to concern for human neurobehavior and reproductive systems. Frame analysis is used to conceptualize the controversies that are expressed through the Great Lakes policy documents. The analysis of the reports also reveals a shift in operational frames, used by the IJC to mobilize decision-makers into action.     

INTERNATIONAL MANAGEMENT OF THE GREAT LAKES-ST. LAWRENCE BASIN1

Neither Canada nor the United States attach much importance to the International Joint Commission (IJC) judging by the size of staffs and annual budgets. The Commission has been restricted to a relatively minor number of functions in the Great Lakes-St. Lawrence. It has investigated: the degree and causes of water and air quality deterioration; the effects of hydroelectric and navigation projects on water levels; the impacts of water-level fluctuations; and the feasibility of a deep waterway from the St. Lawrence to the Hudson River. Projects approved by the Commission have produced less than might be expected through no fault of the Commission. The Great Lakes Fishery Commission has promoted little international management. Budgetary limitations restrict its lamprey control program; institutional limitations restrict its ability to deal effectively with fishery problems. Commission responsibilities are limited to coordination and advisory functions. Since Canada and the United States have not chosen to refer most aspects of river basin management to international bodies, an institutional void exists in the Great Lakes Basin to consider these questions on a continuous basis. There is a need for expanded international cooperation.     

Reflections on network governance in Africa's forestry sector

International forestry governance is an integral part of the global policy debates on how to prevent deforestation, illicit extraction, and unsustainable timber practices. Africa is an important producer of timber, yet the region is beset by a lack of capacity and other governance challenges in the management of its forestry sector. We employ a network governance analysis to examine the extent to which the evolution and operation of the Forest Stewardship Council (FSC) and la Commission des Forêts d'Afrique Centrale (COMIFAC) have addressed governance challenges. We assess the strengths and weaknesses of these two leading examples of international forestry governance by introducing recent evidence and insights from Africa. We conclude with a policy‐relevant discussion of how the FSC and COMIFAC might enhance authority, legitimacy, and effectiveness and improve forestry governance in Africa and other parts of the world.     

Environments,Risks, and the Limits of Representation: Examples from Nuclear Energy and Some Implications of Fukushima

This essay examines examples from the field of nuclear energy, including the 2011 disaster at Fukushima-Daiichi, through perspectives drawn from phenomenology, social systems theory, and constitutive communication theory. The essay argues that although prevailing approaches to nuclear risk analysis and risk communication seek to represent a world of preexisting phenomena, they also fundamentally constitute the world on which decision-makers, organizations, and communities act. Representations of nuclear risk are inevitably and problematically limited, with important implications for policy, practice, and communicative action.     

The importance of compatible beliefs for effective climate policy integration

ABSTRACT

European climate policy faced increasing constraints during the economic and Eurozone crises (2008–2014). The European Commission subsequently refocused policymaking toward integrating climate objectives into other policy areas such as energy and the 2014–2020 European Union (EU) budget. The conditions for successful climate policy integration (CPI) are analyzed, focusing on the compatibility of key actors’ beliefs. In renewable energy policy, CPI was successful as long as the co-benefits and related policy-core beliefs of energy security, rural economic development and climate action coexisted harmoniously. Once conflict among these policy-core beliefs emerged during the biofuels controversy, CPI was weakened as actors with competing economy-focused beliefs controlled the decision-making process. The case of EU budget climate mainstreaming illustrates how actors can add climate objectives into legislation despite meaningful discussion being ‘crowded out’ by other priorities. The findings highlight the importance of low conflict between departments, compatible beliefs and policy priorities for successful CPI.     

Das neue Chemikalienprogramm von UNEP Chemicals

Zusammenfassung  UNEP International Register of Potentially Toxic Chemicals (IRPTC) wurde von der ersten VN-Umweltkonferenz 1972 geschaffen. Sein Einfu? und Zusammenwirken in den 80ziger Jahren mit anderen internationalen Programmen der WHO, FAO, OECD und EG in der Chemikalienkontrolle wird beschrieben. Nach dem Erdgipfel von Rio 1992 werden im VN-Rahmen drei neue Gremien gebildet, die das Fachprogramm des Kapitels 19 der Agenda 21 (umweltfreundliches Chemikalienmanagement) umsetzen sollen: die United nations Commission of Sustainable Development, das Intergovernmental Forum on Chemical Safety und das Interorganization Programme for the Sound Management of Chemicals. Der Erdgipfel brachte auch für IRPTC eine Neuorientierung. Seit 1996 hat UNEP Chemicals, wie sich IRPTC nunmehr nennt, drei Aufgaben in sein Arbeitsprogramm aufgenommen, die beschrieben werden: das internationale übereinkommen zum Prior Informed Consent, das internationale übereinkommen zur Kontrolle der Persistent Organic Pollutants, und schlie?lich sein traditionelles Arbeitsgebiet des Informations-austausches über Stoffe wird weitergeführt.

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