About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

45 Envtl. L. Rep. News & Analysis 11032 (2015)
Tropical Conservation and Liability for Environmental Harm

handle is hein.journals/elrna45 and id is 1084 raw text is: Tropical Conservation and Liability for Environmental Harm by Carol Adaire Jones, John Pendergrass, John Broderick, and Jacob Phelps Carol Jones is a Visiting Scholar and John Pendergrass is Acting Vice President for Research & Policy at the Environmental Law Institute (ELI). John Broderick was a Law Fellow at ELI from 2014-2015 and is currently a Trial Attorney with the U.S. Department of Justice Environment and Natural Resource Division. Jacob Phelps is an environmental scientist at the Lancaster Environment Center, Lancaster University, United Kingdom. Summary Tropical countries face a host of challenges to their natural environment and resources. Environmental law liability provisions offer one set of potential protec- tions. This Article surveys such provisions in a variety of tropical country contexts. Of the seven countries studied, spanning a range of legal systems and eco- nomic development and environmental governance performance, all but one have the authority to bring liability claims for harms to the environment. How- ever, a variety of impediments to effective implemen- tation have resulted in a limited number of cases being resolved, and frequently with low damage awards rela- tive to the injuries. The authors offer a range of rec- ommendations for improving the effectiveness of the drafting and implementation of liability provisions to promote environmental protection. I. Introduction Many tropical developing countries face widespread unsus- tainable resource extraction, landclearing, and industrial development, placing them at the center of global efforts to conserve tropical biodiversity and ecosystem services and reduce greenhouse gas emissions.1 These losses not only have profound ecological effects, but also impact human well-being2 and deprive national economies of billions of dollars in revenues, impeding sustainable development. Beyond revenue losses, the indirect, long-term losses total trillions of dollars annually3 Despite the high costs to society from environmental degradation, individual incentives to participate in many environmentally deleterious activities often remain strong. Policymakers are challenged to realign incentive structures to promote environmental sustainability. One approach is to enact effective laws and promote compliance, incentiviz- ing individuals who weigh the costs of compliance against the benefits (and risks) of noncompliance.' The international community has long promoted the environmental rule of law. In 1982, the Govern- ing Council of the United Nations Environment Pro- gramme (UNEP) adopted the Montevideo Programme to guide the development of environmental law.' Among its objectives was the development of international law Authors' Note: 7he research for this Article was conducted by ELI and the Center for International Forestry Research (CIFOR) as part of the CGIAR Research Program on Forest, Trees and Agroforestry (CRP-FTA). 7he authors gratefully acknowledge funds received from DFID KnowFor and ELI. Many individuals have contributed research and insights into the country studies, including Nicholas Bryner (Brazil), Annelise Steigleder (Brazil), Augustin Mpoyi Mbunga (Democratic Republic of the Congo), Else Reynaers (India), Sairam Bhat (India), Geetanjoy Sahu (India), Laode Muhamad Syarif (Indonesia), Alejandra Rabasa (Mexico), Ali Ahmad (Nigeria), Grizelda Mayo-Anda (Philippines), Antonio Tony Oposa Jr. (Philippines), Jellie Molino (Philippines), and Sandra Nichols 7hiam. We also thank Talia Fox, Elana Harrison, Michael Lerner, Spencer Gall, Norka Michelen, Aletta Brady, and Schuyler Lystad for their assistance with research. 1. See, e.g., Navjot S. Sodhi et al., Southeast Asian Biodiversity: An Impending Disaster, 19 TRENDS ECOLOGICAL EVOLUTION 654-60 (2004). 2. Sandra Diaz et al., Biodiversity Loss Threatens Human Well-Being, PLoS Bio. 4(8), e277 (2006). 3. WORLD HEALTH ORGANIZATION, MILLENNIUM ECOSYSTEM ASSESSMENT: ECOSYSTEMS AND HUMAN WELL-BEING, HEALTH SYNTHESIS (2005), avail- able at http://www.who.int/globalchange/ecosystems/ecosys.pdf; 7he Eco- nomics of Ecosystems and Biodiversity, http://www.teebweb.org/ (last visited June 29, 2015). 4. Gary Becker, Crime and Punishment: An Economic Approach, 76 J. POL. ECON., 169-217 (1968). 5. United Nations Environmental Programme (UNEP), Montevideo Pro- gramme for Development and Periodic Review of Environmental Law, De- cision 10/21 of the Governing Council (May 31, 1982), available athttp:// ENVIRONMENTAL LAW REPORTER 45 ELR 1 1032 1 1-2015

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most