Established in 2010

About MEPIELAN eBulletin

MEPIELAN E-Bulletin is a digital academic and practitioner newsletter of the MEPIELAN Centre, launched in 2010.ย  It features insight articles, reflective opinions, specially selected documents and cases, book reviews as well as news on thematic topics of direct interest of MEPIELAN Centre and on the activities and role of MEPIELAN Centre. Its content bridges theory and practice perspectives of relational international law, international environmental law and participatory governance , and international negotiating process, thus serving the primary goal of Centre: to develop an integrated, inter-disciplinary, relational, context-related and sustainably effective governance approach creating, protecting and advancing international common interest for the present and future generations. Providing a knowledge- and information-sharing platform and a scholarly forum, the Bulletin promotes innovative ideas and enlightened critical views, contributing to a broader scholarly debate on important issues of international common interest. The audience of the Bulletin includes academics, practitioners, researchers, university students, international lawyers, officials and personnel of international organizations and institutional arrangements, heads and personnel of national authorities at all levels (national, regional and local), and members of the civil society at large.

Obituaries

Obituaries

In Memoriam: Professor Meinhard Doelle (1964 – 2022)

It is with great sadness that I report that Professor Meinhard Doelle, a distinguished scholar of international environmental law, suddenly passed away on September 17, 2022, at the age of 58.

Meinhard Doelle was a prominent Academic Fellow of MEPIELAN Centre and a long-time collaborator and unfailing contributor to MEPIELAN E-Bulletin, a friend and a thoughtful environmental law scholar.

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Articles

Articles

The BBNJ Agreement comes ashore: a preliminary analysis

Last March 4, 2023, Rena Lee, President of the Intergovernmental Negotiating Conference on an Agreement on the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction (the BBNJ Agreement), announced with emotion and symbolic words the happy outcome of the process: โ€œthe ship has reached the shoreโ€. After 20 years of work, including 6 years of formal negotiations and 36 uninterrupted hours of final consultations behind closed doors, all outstanding issues had been overcome and the President was able to present a text reflecting the end of the negotiation. The process was successfully completed, pending final editorial refining of the text, translation into the six official languages of the United Nations, and formal adoption of the Agreement, which is scheduled for June 2023.

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Articles

Inter Folia Fulget: The UN General Assembly Resolution 76/300 of 28 July 2022 on โ€œThe Human Right to a Clean, Healthy and Sustainable Environmentโ€

On 28 July 2022, the UN General Assembly (UNGA) adopted the landmark Resolution 76/300 โ€œ: โ€œThe Human Right to a Clean, Healthy and Sustainable Environmentโ€. Resolution 76/300 was adopted with overwhelming support: 161 votes in favour, zero against, and 8 abstentions (Belarus, Cambodia, China, Ethiopia, Iran, Kyrgyzstan, Russia, and Syria).

The process of โ€œcarving outโ€ the international recognition of the right to a clean, healthy and sustainable environment as a human right at the interacting international and national orders was naturally long and imperceptibly, but steadily, embedded in international negotiating process.

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Articles

The Pollution of Outer Space: Compulsory Norms Required for Addressing Hazardous Space Waste

Since the beginning of the space age, the outer space has been extensively used for communications, navigation, earth observation and climate monitoring. Communication satellites power telephony and the internet. Navigation satellites have provided us with the GPS, and other such systems, that make traversing the earth much easier. Reconnaissance or surveillance satellites observe the earth to detect changes alerting us about environmental deterioration, illegal activities or polluting emissions. Satellites, as evidenced by the war in Ukraine, can even warn us about the movements of enemy nations by detecting, for example, the accumulation of armies and weapons right on our borders ready for invasion. Satellites in the service of the World Meteorological Association have led to much more precise estimates about the anticipated magnitude of climate change.ย  Satellites and the rockets that propel them to space have made possible the beginning of conquest of space, the much-touted final frontier of humanity.

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Articles

The Conundrum of Defining the Caspian Sea

The Caspian Sea has been shared for centuries between Russia/USSR and Persia/Iran. Before the dissolution of the Soviet Union in 1991, the international legal status of the Caspian Sea was governed by the International Treaties of 1921 and 1940, in which no specific definition was given to the Caspian Sea and its sui generis status was not named, but it was de facto condominium. These Treaties were accepted and recognized by the international community.[1] Since 1991, the three newly formed littoral states, former Republics of the USSR โ€“ Azerbaijan, Kazakhstan and Turkmenistan, have expressed a need to establish the new legal regime of the Caspian Sea.

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Articles

Green hydrogen perspective and energy transition: Advancing sustainable energy governance in the Mediterranean region

The European Union (EU) has set an ambitious goal to become the first climate-neutral continent by 2050, and is relying on the European Green Deal (EGD) to achieve it, along with the Renewable Gases and Hydrogen Directive. The 2022 Russian invasion of Ukraine has accelerated the EU's strategy for energy resilience and replacing fossil energy carriers. Within the 2019 EGD vision and framework, renewable, low-carbon, and net-zero gases will have a prominent role to play in decarbonizing the EU economy. Hydrogen as a clean, reliable and potentially sustainable energy vector is a rising enabler for a multisectoral transition towards a low-carbon economy based on renewable energy sources.

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Articles

Remedies for Loss & Damage from Climate Change: From Concept to Reality?

Efforts to deal effectively with loss and damage (L&D) in the UN climate regime, and to provide for avenues to remedy associated harms, have so far failed. While these efforts are ongoing, it is becoming increasingly clear that a broad range of international regimes and domestic legal systems will be challenged to respond to calls for appropriate remedies for those harmed by L&D. L&D is not defined in the UN climate regime. It has been suggested in the literature, however, that the phrase โ€˜loss and damageโ€™ recognizes two categories of harm. One category involves permanent harm, or irrecoverable โ€˜lossโ€™, such as the loss of landmass from sea level rise. The second category involves reparable or recoverable โ€˜damageโ€™, such as shoreline damage from storms.

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Opinions

Opinions

The Governance of the UN Sustainable Development Goals in Greece: An overall view

The overall responsibility for monitoring and coordinating, at the highest political level, the national implementation of the 2030 Agenda and the SDGs in Greece lies with the Presidency of the Government (PoG) established by the โ€œExecutive Stateโ€ law in August 2019 for the purpose of coordinating the planning and monitoring the implementation of the whole Government programme and work, ensuring theย  promotion of a whole-of-government approach and reinforcing the imperative political ownership of public policies.

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Opinions

Allard v. Barbados: Environmental Issues under the Guise of International Investment Disputes

In September 2009, a Canadian investor, Peter Allard, instituted proceedings before the Permanent Court of Arbitration against Barbados, for breaches of the Agreement between the Government of Canada and the Government of Barbados for the Reciprocal Promotion and Protection of Investments, signed on 29 May 1996 (Canada-Barbados BIT). In particular, the investor claimed that his US$35 million investment, an eco-tourism project in Barbados (Graeme Hall Nature Sanctuary) underwent indirect expropriation, due to Barbados's failure to fulfill its environmental obligations, deriving from both domestic legislation as well as international environmental law. In 27 June 2016, the Tribunal issued the much-anticipated award, ultimately rejecting the claim of the investor. Even though, prima facie, this appears to be yet another investment dispute (albeit with environmental components), a closer look to the facts of the case provides an interesting insight.

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Opinions

The CBD: An “Empty Shell” Convention?

Arguably, reversing the accelerating rates of biodiversity loss constitutes one of the world's largest environmental challenges. The 1992 Convention on Biodiversity (CBD), aiming precisely at addressing this problem, constitutes the first attempt to provide a comprehensive and inclusive framework for the conservation of biodiversity, thus trying to remedy the piecemeal and ad hoc way in which international rules of flora and fauna protection had been developed in non-binding instruments (principle 4 of the Stockholm Declaration, the 1982 World Charter for Nature, Chapter 15 of Agenda 21), as well as in a series of species or sites specific treaties .

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Opinions

World Heritage Convention Turned 40: Achievements and Prospects for the Future.

On the 40th anniversary of the Convention Concerning the Protection of the World Cultural and Natural Heritage (WHC), marked in 2012, almost all States (190) are parties to it, along with two non-state entities, the Holy See and Palestine respectively. WHC was the first international instrument that articulated natural and cultural heritage protection in the same context, under the pressure of the UN Conference on the Human Environment (1972), which proclaimed the need for a common outlook and for common principles to inspire and guide the peoples of the world in the preservation and enhancement of the human environment that extends over both aspects of man's environment, the natural and the man-made .

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Opinions

Unfolding Local Authorities Role and Contribution to the Rio+20 Process

The UN General Assembly pursuant to its Resolution 64/236 (24 December 2009) organized in June 2012 the United Nation Conference on Sustainable Development (UNCSD or Rio+20) which was focused on two themes: (i) a green economy in the context of sustainable development and poverty eradication and, (ii) institutional framework for sustainable development (IFSD). In an effort to highlight the importance of stakeholders for the promotion of sustainable development, the UNGA encouraged the active participation of all nine Major Groups (MGs), as defined by Agenda 21, at all stages of Rio+20 preparatory process.

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Opinions

The Output of the Durban Climate Change Negotiations: A First Critical Approach

The United Nations Durban Conference on climate change convened from 28 November to 11 December 2011. It involved a number of events, including the 17th Conference of the Parties (COP 17) to the United Nations Framework Convention on Climate Change (UNFCCC) and the 7th Conference of the Parties serving as the Meeting of Parties to the Kyoto Protocol (CMP 7).

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Documents & Cases

Documents & Cases

The UN General Assembly Resolution 76/300 โ€œon โ€œThe Human Right to a Clean, Healthy and Sustainable Environmentโ€: Marking the Road for a New Age of Sustainability Governance

On 28 July 2022, the UN General Assembly (UNGA) adopted the landmark Resolution 76/300 โ€œ: โ€œThe Human Right to a Clean, Healthy and Sustainable Environmentโ€. Resolution 76/300 was adopted with overwhelming support: 161 votes in favour, zero against, and 8 abstentions (Belarus, Cambodia, China, Ethiopia, Iran, Kyrgyzstan, Russia, and Syria).

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Documents & Cases

Mediterranean basin facing irreversible environmental damage, warns new UNEP report

Rising inequality, growing impact of climate change, biodiversity loss, unrelenting pressure on natural resources could lead to irreversible environmental damage in the Mediterranean basin, according to a new report by the UN Environment Programme (UNEP). Launched on the 21st of October on the sidelines of the EU Green Week, the State of the Environment and Development in the Mediterranean finds that the future of the Mediterranean is on the line. Unless urgent and resolute action is taken to halt current trends, environmental degradation could have serious and lasting consequences for human health and livelihoods in the region.

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Documents & Cases

The United Nations General Assembly Adopts the First-ever Resolution on Illicit Trafficking in Wildlife

After three years of intense diplomatic efforts, the United Nations General Assembly (UNGA) unanimously adopted the Resolution 69/314, entitled โ€˜Tackling the Illicit Trafficking in Wildlifeโ€™ on 30 July 2015. This Resolution marks the first time that the 193 UN Member States have agreed to increase their joint effort to curb the escalating poaching and illegal trade in protected species of wild fauna and flora.

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Documents & Cases

Report of the Open Working Group on SDGs: An Innovative Process with a Significant Input to the Post-2015 Agenda

After almost one and a half year of intense deliberations, the proposal of the Open Working Group on sustainable development goals was submitted in August 2014 for consideration and appropriate action by the UN General Assembly. A short historical background on the establishment of the Open Working Group and a brief description of its outcome is provided below.

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Documents & Cases

IUCN WCEL Oceans Coasts and Coral Reefs Specialist Group written statement submitted to the International Tribunal for the Law of the Sea (ITLSO) for Case no. 21, Request for an Advisory Opinion submitted by the Sub-Regional Fisheries Commission

The International Union for Conservation of Nature (IUCN) was established in 1948 and is the largest conservation organization in the world. The IUCN has some 1,200 Members from 160 countries that include 800 non-governmental organizations (NGOs), close to 100 international non-governmental organizations (INGOs) and many government agencies. In addition, there are 11,000 volunteer scientists and other experts from more than 160 countries.

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Books

Books

Rule of Law for Nature โ€“ New Dimensions and Ideas in Environmental Law

'Human laws must be reformulated to keep human activities in harmony with the unchanging and universal laws of nature.' This 1987 statement by the World Commission on Environment and Development has never been more relevant and urgent than it is today. Despite the many legal responses to various environmental problems, more greenhouse gases than ever before are being released into the atmosphere, biological diversity is rapidly declining and fish stocks in the oceans are dwindling. This book challenges the doctrinal construction of environmental law and presents an innovative legal approach to ecological sustainability: a rule of law for nature which guides and transcends ordinary written laws and extends fundamental principles of respect, integrity and legal security to the non-human world.

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Books

Consensus and Global Environmental Governance Deliberative Democracy in Natureโ€™s Regime

In this book, Walter Baber and Robert Bartlett explore the practical and conceptual implications of a new approach to international environmental governance. Their proposed approach, juristic democracy, emphasizes the role of the citizen rather than the nation-state as the source of legitimacy in international environmental law; it is rooted in local knowledge and grounded in democratic deliberation and consensus.

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Thematic News

Environmental Governance Regimes

United Nations Delegates Reach Historic High Seas Agreement

After a decade and a half of negotiations, the UN member states reached agreement on the establishment of the landmark treaty to conserve and sustainably use the marine biological diversity in areas beyond national jurisdiction (BBNJ treaty) in the context of the resumed fifth session of the Intergovernmental Conference (IGC 5-2).* The IGC 5-2 took place from 20 February to 4 March 2023 at UN Headquarters in New York with the mandate to deal with the numerous issues that had been left pending at the conclusion of IGC-5 in August 2022.

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Environmental Governance Regimes

The 79th IMO MEPC Adopts the Mediterranean Sea Emission Control Area for Sulphur Oxides and Particulate Matterย (Med SOx ECA) on 15 December 2022: A Turning Point in the Mediterranean

The 79th session of the Marine Environment Protection Committee (MEPC 79) of the International Maritime Organization (IMO) was convened from 12 to 16 December 2022 at IMO Headquarters in London. On 15 December 2022 MEPC 79 adopted the drafted amendments and formally designated the Mediterranean Sea, as a whole, as an Emission Control Area (ECA) for Sulphur Oxidesย and particulate matterย under regulation 14 of Annex VI to the International Convention for the Prevention of Pollution from Ships (MARPOL) in an effort toย halt the air pollution from ships.

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International Environmental Negotiation Process

The First Session of the International Negotiating Committee Takes Place Towards a Landmark Global Agreement on Plastic Pollution

Following the mandate agreed by the adoption of the historic UNEA resolution 5/14 in March 2022, the first of the five planned meetings of the International Negotiating Committee (also known as INC-1) took placeย in Punta del Este, Uruguay from 28 November to 2 December 2022. More than 2.300 delegates from 160 countries andย representatives from the private sector and the civil societyย participated at the meeting. The ultimate task of the INC is to develop an internationally binding instrument to combat plastic pollution by 2024, based on a comprehensive approach that addresses the full lifecycle of plastics.

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Environmental Governance Regimes

Tunisia becomes the 13th Contracting Party to ratify the ICZM Protocol

On November 29, 2022, Tunisia, under Decree No 2022/917, ratified the ICZM Protocolย becoming the 13th Contracting Partyย bound by the relevant provisions.ย Signed in January 2008 in Madrid by 15 Contracting Parties to the Barcelona Convention and entered into force on March 24, 2011, following the sixth ratification of the Protocol by the Syrian Arab Republic, the Integrated Coastal Zone Management Protocol constitutes the first regional, legally binding regulatory instrument concerning coastal zone management.

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Climate Change

COP 27 hosted a first-ever Mediterranean Pavilion

Convened from November 6 to November 18, 2022, in Sharm El-Sheikh, Egypt, also known as the City of Peace, the 27th Conference of the Parties of the United Nations Framework Convention on Climate Change hostedย for the first timeย aย Mediterranean Pavilion. This development reflects a joint initiative led by the Secretariat of the Union for the Mediterranean (UfM) together with UNEP/MAP and the PRIMA Foundationย along with the participation of numerous scientific institutions dealing with the adoption of climate action in the region. The initiative has been co-sponsored by Plan Blue, UNEP/MAPโ€™s Regional Activity Center with expertise in sustainable development, and MedWaves, the UNEP/MAPโ€™s Regional Activity Centre for Sustainable Consumption and Production, andย the independent network of scientists MedECCย (Mediterranean Experts on Climate and Environmental Change).

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Public Participation in Environmental Governance

A new dimension for Participatory Rights: Spain recognizes the Mar Menor lagoon as a “subject of rights” and allows for its autonomous governance to ensure its ecosystemic protection

On 30 September 2022, the Spanish Government approved the landmarkย  Law 19/2022 โ€œfor the recognition of legal personality of the Mar Menor lagoon and its basinโ€ which grants a new legal status to the Mar Menor coastal lagoon recognizing the rights of the Mar Menor lagoon ecosystem and its basin andย  allowing for its autonomous governance. The lagoon marine ecosystem of the Mar Menor, with an area of โ€‹โ€‹135 kmย 2, is the largest coastal lagoon in the Spanish Mediterranean and one of the largest in the western Mediterranean, and, according to the WWF,ย the Europeโ€™s largest salt-water lagoon. This innovative Law transforms the treatment of the lagoon given until now โ€œfrom being a mere object of protection, recovery and development, to being an inseparably biological, environmental, cultural and spiritual subject.โ€

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Member News

Obituaries

Obituaries

In Memoriam: Professor Meinhard Doelle (1964 – 2022)

It is with great sadness that I report that Professor Meinhard Doelle, a distinguished scholar of international environmental law, suddenly passed away on September 17, 2022, at the age of 58.

Meinhard Doelle was a prominent Academic Fellow of MEPIELAN Centre and a long-time collaborator and unfailing contributor to MEPIELAN E-Bulletin, a friend and a thoughtful environmental law scholar.

Read the full text