Literature Review

Severe deforestation, land degradation, and the lack of forest products in Ethiopia have necessitated the implementation of a community forestry program since the 1980s by mobilizing the local communities. However, there have been incidents indicating that many of the community forests are either degrading or remaining unproductive. While community forests are, in principle, the collective property of the local community, empirical evidence concerning how property rights impact their management and their role in enhancing rural livelihoods and environmental rehabilitation is lacking. This study aims to investigate the performance of community forestry through the lens of property rights and tenure security, in order to uncover the challenges impeding community forestry in Ethiopia, with a focus on community forests in the Amhara Region. The study gathered primary data on community forest management from two community forests located in East Gojam and North Wollo, using questionnaires, focus group discussions, key informant interviews, and field observations. Additionally, secondary data on legal frameworks were collected from institutions involved in community forestry. The data analysis employed descriptive statistics and thematic analysis. The findings of the study revealed that a majority of respondents (91%) lacked clarity regarding the objectives of establishing community forests, and about 95% claimed that community forests belong to the state. These incidents have led to diminished interest in continuing the program. The study highlighted that the community forestry program suffers from inadequate policy and legal provisions, chronic institutional instability, overlapping mandates, and limited community engagement. These factors have weakened property rights, which are reflected in tenure insecurity and the absence of individual household benefit packages. Consequently, it can be concluded that community forest interventions have been promoted based on general belief in the importance of trees for rural livelihoods and ecosystem rehabilitation, rather than as part of a deliberate and directed policy and strategy. In summary, revitalizing community forestry in Ethiopia necessitates a thorough understanding of property rights and tenure security issues. In this regard, it is imperative for government agencies to enact a clear national strategy for community forestry development and adopt a supportive role to enable communities to establish robust community forestry institutions to safeguard their rights while fostering community forestry and environmental protection activities.

Paradigmatical shift that Peace of Westphalia brought to conceptualization of still a foremost legal person of international law, the state, became a defining point up to modern times. States created centuries after the Westphalian system had been established are still understood as territorial legal persons. Centuries after the Westphalian orbis was created, the cruciality of territory for a state to be created and continue existing as a legal person was affirmed by the so- called Montevideo criteria. Montevideo Convention on Rights and Duties of States, concluded in 1933, defined territory, permanent population, independent government and capacity to enter into relations with other states as criteria which an entity must fulfil to be considered a state under international law. Although Convention has a small number of state parties, it is widely considered to reflect customary international law. With the onset of sea level rise, which might deterritorialize some states consisting of low- lying islands, a question of their continuity as states arises in theory and practice of international law. One of the solutions would be to conceive states as non-territorial legal persons, which would present a shift touching upon one of the core foundations of contemporary international law. In tradition of legal thought, there are three well-established theories explaining the relation between state and territory. Named by the most characteristic element of their conceptualization of this peculiar relation, those are the, in order of their historical prominence, patrimonial, constitutive, competence theory. Every one of them will be presented in brief in order to examine their possible relevance for reconceptualizing of the idea of relation between a state and its territory in circumstances of sea level rise. Patrimonial theory, as the name alludes, is based on the roman law concept of property rights. Drawing from the relation between property and its owner grounded in roman law, it conceptualizes state as an owner of its territory. Constitutive theory, as its name again suggests, takes an opposite path in explaining the relation between a state and its territory. It views a territory as an element forming a state, rather than being an object of state’s dominium. Third theory is the competence theory, which views the relation between a state and its territory as territory being a space over which a state exercises competence in accordance with the very state’s legal order. In other words, territory is not viewed as an object in possession of a state (patrimonial theory) nor as a constitutive element of a state (constitutive theory), but as an object on which a state imposes its legal order. In that sense, competence theory can provide some ideas that might be considered useful for small island states after their possible deterritorialization. To be more precise, if a state is regarded as a legal person imposing its legal order over a territory (and, of course, population inhabiting it), it could be as well regarded as one imposing its legal order over a community of nationals living on some other territory or even scattered around different territories. This view is, of course, connected to many practical dilemmas around its possible implementation since it encroaches around sovereignty of other states. On the other hand, however useful this approach might be to understanding the relation between a state and legal order established under its sovereignty, it falls short of explaining the actual role territory plays for a state. Patrimonial and constitutive theory focus exactly on that question, and the question is crucial also for the idea of a state retaining its legal personality after its territory becomes physically submerged. Competence theory somehow circumvents it, leaving it unanswered, focusing instead on the nature of competences of state over its territory. It must be noted that all of the aforementioned theories were conceived in a specific environment of European (or, at least, western) views on statehood. This might restrict their usefulness in different historical, societal or cultural contexts. With that in mind, this presentation will, nonetheless, examine whether traditional theories explaining the state-territory relation could have relevance in the context of contemporary challenges occurring as a result of climate change induced sea level rise or new theoretical concepts should be sought after if continuation of endangered states wants to be affirmed.Environmental policies and taxes have a signiticant impact on the western region'smitigation efforts, while evidence for the southern region is insignificant. Although thevariables show unidirectional and bidirectional causal relationships, the outcomes arecountry-specific. The study also discusses policy implications based on the findings.

The law relating to intellectual property promotes innovation and other human creations. Concomitantly, environmental law aims to protect the environment. Even though intellectual property rights are temporary grants given to the owner, IP has made a noteworthy contribution to addressing environmental issues. Erstwhile, the awareness of the environmental harm caused by a lot of the technology used in manufacturing, agriculture, and transportation has gained impetus, especially in the last twenty years. Other forms of technology, however, can lessen resource waste and reduce pollution. Therefore, the fundamental motto of intellectual property becomes extremely significant in attaining sustainable development. Sustainable development (SD) has environmental sustainability among the four of its pillar, which can be synergized through intellectual property. The relationship between the TRIPS agreement pertaining to intellectual property and environmental law is complex, but there are still deliberations over it. Simultaneously, the relationship among the WTO’s IP agreement and the (CBD) Convention on Biological Diversity has its focal point of in the Committee on Trade and Environment (CTE).

Climate change crises and environmental imbalances have been a significant concern globally in recent times. The climatic changes give rise to various issues such as global warming, depletion of the ozone layer, deterioration of natural resources, soil erosion, deforestation, and more. Many international and national agreements and policies have been created to protect the environment, from the UNFCCC to the recent Paris Agreement, aiming to control rising environmental issues. However, developed and developing countries must achieve desirable results in combating climate change. Industrial and technological developments are critical reasons for environmental pollution and degradation. Progress is necessary for planned developing countries, but growth and expansions shall also consider ecological sustainability. Technology shall be novel in adapting to the changes, considering the effects it can produce on the environment. Green technology combines technology with the environment, also called environmental technology, clean technology, or sustainable technology. It is a combination of science and technology together to mitigate climatic changes and protect the environment. Green technology is the modern sustainable solution to pressing environmental concerns. India is one of the countries globally showing rapid green technology developments. The authors of this paper have tried to highlight the dire need to modify technological developments vis-a-vis environmental sustainability to protect the environment. The research paper delves into and understands the interface between clean technology’s importance and relevance for ecological sustainability and the role of patent law, particularly in dealing with issues of the environment. The paper shall also establish a harmonious relationship between patent law and its role in ensuring environmental sustainability.

In the last few decades, climate change has created a number of weather anomalies along with their distortive impacts on the environment. Various forms of natural disasters such as floods, landslides, droughts and forest fires disrupt the cultivation of the agricultural sector and strengthen food security. The problem is, the impact of climate change like that has caused crop failures, food crises and even social crises. In fact, climate change is a major risk to good development outcomes. Consequently, there is a need to integrate climate action into the core of development agenda. This sociological juridical research aims to examine what policies and steps the government must prepare to save the agricultural sector, food availability, and the environment. For Indonesia, empowering Intellectual Property Rights (IPR) is a strategy that needs to be used as a guide and direction. The legal system for patents, new plant varieties and geographical indications needs to be used as an instrument as well as a driving force to support agricultural development, food security and distribution of commodities for the people of Indonesia whose population continues to grow.

I consider the role of populism and of private property rights in President Trump’s choice to withdraw the United States from the Paris Agreement on climate change. Despite Trump’s campaign promise, the decision to withdraw was uncertain due to significant disagreement among his advisors, and the perceived but eventually rejected availability of an option permitting the United States to stay in the Paris Agreement while downsizing the commitments made by President Obama. Populist themes are evident in Trump’s June 2017 speech announcing the US withdrawal, including repetitive statements of the need to defend against the machinations of countries which are unfairly taking advantage of the United States, his use of populist tropes such as acting for the people of Pittsburgh rather than the people of Paris, and that the rest of the world is laughing at us. Following significant disagreement among his advisors, the decision to withdraw was in large part due to an active alliance between Steve Bannon, a right-wing populist, and EPA Administrator Scott Pruitt, a staunch ally of major extractive industries exploiting natural resources - organizations that had historically been the target of American populism and progressivism. The legal implications of the Paris Agreement to the American coal industry was crucial to Trump’s ultimate decision to withdraw. Two often overlooked factors of particular importance to American anti-environmentalism are the belief among right wing and rural Americans that modern environmentalism is a threat to constitutionally derived rights to control their private property without government interference; and the relatively greater insistence of Americans on individual freedom rather than collective security. Further, the anti-elitism central to both right and left-wing populism had been successfully extended to climate change science and scientists. I conclude that Trump’s decision primarily was based on those factors that were most likely to validate him personally through reelection - keeping faith with both his right-wing populist voting base and his industry funding base. In doing so he actively brought toward the mainstream the anti-environmentalist views of right-wing populists. Approaches that might lessen the voting strength of anti-environmental right-wing populists include recognizing and exploiting the unholy alliance between big industry and right-wing populists; focusing more attention on the significant environmental risks faced by populations that tend to vote for Trump or Trump-like candidates, such as farmers and military families; and respectful sensitivity to constitutionally-derived property rights and similar issues underlying American anti-environmentalism.

The development of environmental law starting in the mid-20th century involved constant tension with private property. Attempts to protect the dwindling natural resources, extinct species of animals, and ecosystems at risk have often encountered obstacles when they demanded interference with private property. Although the theoretical roots of private property do not justify its transformation into an environmental obstacle and, to a large extent, attach importance to environmental values in justifying private property rights, it was private property that stood at the forefront of legal conflicts that revolved around attempts to expand the environmental protection of natural resources.

In this, the second part of our annual analysis of sustainability reporting practices by US companies, we shine a spotlight on the risk of biodiversity loss to businesses, and the current state of reporting on biodiversity. [...] Biodiversity loss is among the top global risks to society;2 in 2022, WEF forecast it to be among the top-three most severe risks over the next decade.3 The UN reported in 2022 that up to 40% of the world’s land and 66% of the marine environment has been degraded or altered by human damage.4 This damage threatens almost 1 million species5 in what is becoming widely reported as the sixth mass extin. [...] Biodiversity Policy Disclosures Are Low but Rapidly Increasing The impact of biodiversity loss on a value chain is not always immediately felt, and, as such, biodiversity loss remains a blind spot for many companies around the world.10 Establishing and disclosing a biodiversity policy is the first step in addressing the topic, after which companies can begin to measure impact and implement specifi. [...] Even though the US did not endorse the GBF due to concerns over regulation of practices, intellectual property rights, and wealth redistribution,17 it played an important role in shaping the CBD and pushing for the COP15 deal as a member of the 116 country–strong voluntary High Ambition Coalition for Nature and People. [...] Therefore, the specific types of biodiversity credits available can vary based on regional regulations, policies, and the nature of the development.18 Because carbon and biodiversity credits have different objectives, carbon projects may not benefit biodiversity unless diversity is built into the project.

The role of technological innovation in lowering pollution is motivated by the rise of globalemissions. Technological innovation for carbon dioxide mitigation mainly focuses on therole of patents ignoring trademarks. By combining trademarks and eco-patents, this stud)introduces a new interaction term while investigatine the eftects of environmental policyenerey consumption, environmental taxes, urbanisation, and economic growin on theenvironment. The Nonlinear ARDL and OLS methods are used to test the panel eftect, whilethe Granger causality approach is used to estimate country-specific results. The findingschowthat trademarks and eco-patents reduce CO2 emissions: however, energyconsumption, urbanisanon, and economic growin are the primary polluters in oth regions.

Urban expansion has created a structural and ecological modification of the urban fabric, thus leading to complex interactions between land change and land cover. Land is essential for peace and human survival. However, various challenges must be addressed to ensure effective land management in urban areas. Several policies have been formulated to mitigate the effects of unplanned urban settlements in order to boost economic activities. This paper reviewed all the land-related policies in the past three decades and extricated the inherent environmental, agricultural, and economic implications of the policies in cities of Nigeria. Urban land management was conceptualised, while the systemic review was adopted as a methodology. Remarkably, the study revealed that: there are challenges to the documentation of rights to property on land-related disputes; unauthorised land development and inadequate access to developable land for housing led to slum formation and land use conflict; frequent flooding contributed to environmental degradation while rising land insecurity is limiting the achievement of sustainable development goals (SDG 1.3, 2.3, 5.6, and 10). The paper concluded that urban land management policies could not be effective without the comprehensive and interactive processes involving policy makers, urban planners, real estate developers, farmers; land-holding families; land speculators, decision-makers, and researchers while adaptation of modern technologies in land management, sustainable land use control policies on documentation of property rights, access to developable land for housing and open-grazing, mitigation policies on carbon emissions, physical environment, water and air quality were recommended.

This paper presents a novel study examining the effect of a property rights law reform that legalized land transfers on land quality. Using unique Chinese county-level land erosion data, we show that formally legalizing land transfers significantly reduces land erosion. This is an important and surprising benefit of a secure land transfer right to the land resource itself and a positive biophysical spillover to the natural environment that is largely ignored in the existing literature and in the policy making process. We further demonstrate that the land quality improvement brought by the law reform was associated with an increase in farming investments that can improve land quality but are subject to economies of scale. Land concentration made such investments economically feasible. We also show that the land quality-improving benefits are unevenly distributed across regions with different socioeconomic backgrounds. Future land law reforms should consider both the potential efficiency and equality implications in terms of land quality.

Summary/Abstract: Nowadays, there is a noticeable trend aimed at ensuring broad protection of the natural environment – both for the sake of preserving biodiversity and the quality of life of the future generations. However, the related activities of public authorities and private entities often involve limiting the rights of property owners. The Polish Constitutional Tribunal has ruled on the conflict between property rights and conservation of nature. The Tribunal has pointed out that the principles of sustainable development require an appropriate balance between environment protection on one hand and social and civilizational development on the other. In accordance with the previous jurisprudence of the Tribunal, the article will present the limits set for the state’s environment policy in certain specific areas by the Constitution. It is acceptable to establish mechanisms to control the exploitation of plantings belonging to real property. Property owners may be required to obtain permits for their removal, and in the absence of such permits, they may be punished with forfeiture of timber or a fine. However, it is incompatible with the principle of proportionality and infringes the right of owners by arbitrary restrictions or imposed automatically sanctions, without the possibility of taking into account the circumstances. Moreover, the Tribunal has pointed out that the Constitution does not allow disproportionate narrowing down of the possibility to seek compensation for restrictions in the use of real property for the sake of environment protection. Only the two-year deadline for submitting claims in this respect has been considered too painful – too short and impossible to be reinstated for justified reasons.