Monograph Chapter
In Agents, Assumptions and Motivations Behind REDD+
Simone Lovera-Bilderbeek
- Published:
- 25 January 2019
Agents, Assumptions and Motivations Behind REDD+
Creating an International Forest Regime
Simone Lovera-Bilderbeek
Monograph Chapter
In Agents, Assumptions and Motivations Behind REDD+
Simone Lovera-Bilderbeek
- Published:
- 25 January 2019
Monograph Chapter
In Agents, Assumptions and Motivations Behind REDD+
Simone Lovera-Bilderbeek
- Published:
- 25 January 2019
Monograph Chapter
In Agents, Assumptions and Motivations Behind REDD+
Simone Lovera-Bilderbeek
- Published:
- 25 January 2019
Monograph Chapter
In Agents, Assumptions and Motivations Behind REDD+
Simone Lovera-Bilderbeek
- Published:
- 25 January 2019
Monograph Chapter
In Agents, Assumptions and Motivations Behind REDD+
Simone Lovera-Bilderbeek
- Published:
- 25 January 2019
Fan Yang, Ting Zhang and Hao Zhang
Developing countries and countries with economies in transition have varying experiences in enforcing their national environmental law. China's judicial interpretations and legislation on environmental protection have established the rules that shift the burden of proof for causation in environmental tort litigation. However, this study of 513 court decisions from the people's courts at different levels in China shows that although the court decisions usually refer to or quote the rules that shift the burden of proof, in most cases the victim-plaintiffs still bear the liability to prove whether the causal relationship exists between the pollution and the harm. This study also finds that Chinese courts defer greatly to the evaluation report in proving causation. It suggests that the court practice of adjudicating environmental tort cases in China values more the factual causation of a pollution incident than the provisions regarding proof of causation stipulated by relevant laws. Consequently, such judicial practices hinder the effectiveness of judicial remedies for pollution victims in China.
Edited by Ed Couzens, Tim Stephens, Manuel Solis, Saiful Karim and Cameron Holley
Stephanie Price
The inscription of East Rennell in Solomon Islands on the World Heritage List was a landmark in the implementation of the World Heritage Convention. However, the site is now on the List of World Heritage in Danger, threatened by resource development, invasive species, climate change and the over-harvesting of certain animals. This article examines the scope for the Protected Areas Act of 2010 to be used to safeguard the site, and the challenges that may be encountered if the Act is implemented there. It explains how the Act provides direct protection against some (but not all) of the threats to East Rennell. Furthermore, the approach to conservation facilitated by the Act is appropriate for Solomon Islands, where most land is under customary tenure, many people rely on natural resources to support their subsistence lifestyles and the government's capacity to enforce legislation is limited. The article argues that the relationship between the legislation and custom must be considered in the design of the landowner consent process, the preparation of the site's management plan, and the selection of its management committee. Additionally, the protected area should aim to improve the livelihoods of the East Rennellese, as well as safeguarding the site's heritage values.