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671. Soft vs Hard Governance for Labour and Environmental Commitments in Trade Agreements: Comparing the US and EU Approaches

Author:
Vandana Gyanchandani
Publication Date:
08-2018
Content Type:
Working Paper
Institution:
Centre for Trade and Economic Integration, The Graduate Institute (IHEID)
Abstract:
Three methodologies are used to enforce labour and environmental commitments in the US and EU trade agreements: cooperative, sanctions and composite. In-depth analysis of the scope of commitments, level of protection, institutional framework as well as types of informal and formal dispute processes elucidates the pros and cons of such methodologies. Sanctions approach weakens cooperation by misjudging the complexity of domestic policy adjustments through transnational governance. Cooperative mechanism within the NAAEC's composite design emerges as the best approach: Submission on Enforcement Matters (SEM). As it provides for an independent secretariat supported by civil society group and factual records as a sunshine remedy to review citizen submissions. However, the process is constrained by political clout, lack of managerial capacity and legal dilemmas around informal lawmaking (IN-LAW) procedures.
Topic:
Economics, Environment, International Cooperation, International Trade and Finance, Labor Issues, Sustainable Development Goals, and Global Political Economy
Political Geography:
United States, Europe, Global Focus, and European Union

672. Closing the Enforcement Gap: Community-led Groundtruthing of Environmental Violations in Mormugao, Goa

Author:
CPR-Namati Environmental Justice Program
Publication Date:
12-2018
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
The Mormugao Port is located at Vasco bay in the Mormugao taluka of Goa at the point where the Zuari river meets the Arabian Sea. This region is home to thousands of fisherfolk from the Karvi community who live along the beaches of Mormugao, Salcete and Tiswadi talukas. It is a natural harbour that provides safe haven for ships and fishing vessels during storms, like it did in 2017 when cyclone Okchi hit this coast. The lives and livelihood of these fisherfolk are intrinsically linked to the activities of Mormugao port as they have had to share their customary livelihood areas – the sea and the beaches – with the port. This has resulted in them competing for space for their daily activities like fish landing, boat parking, net mending, and even housing with the port and its infrastructure development on the landward side, and competing with larger shipping vessels for navigation space and access to certain parts of Vasco bay. It was in this backdrop, that a community led groundtruthing study was initiated in April 2018 by Old Cross Fishing Canoe Owners Co-op Society Ltd, Baina Ramponkar, Fishing Canoe Owners Society, Destierro Fisherman Association – Vasco, Goenchea Raponkarancho Ekvott (GRE) and the Centre for Policy Research (CPR)-Namati Environmental Justice Program with support from concerned citizens of Vasco and the Federation of Rainbow Warriors.This groundtruthing study is also an attempt by the affected community members to understand the environmental impacts of these berths, link them to the regulatory requirements and then push for compliance of the same.
Topic:
Environment, Law Enforcement, Law, and Regulation
Political Geography:
South Asia, India, and Asia

673. Building Regulations For Faecal Sludge Management: Review of Building Regulations From Indian States

Author:
Arkaja Singh
Publication Date:
12-2018
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
Getting approvals under the various building regulations applicable to any particular jurisdiction is often the first step in construction and development. The Report ‘Building Regulations for Faecal Sludge Management: Review of Building Regulations from Indian States’ seeks to understand how these building regulations address on-site sanitation, what kind of standards do they impose on developers, and how well do they incorporate mechanisms to enforce these standards. In this report, we look at six states: Andhra Pradesh, Odisha, Rajasthan, Tamil Nadu, Maharashtra, and Uttar Pradesh. We also look at other standards that are applicable to on-site containment of Faecal sludge, and the manner in which these standards get incorporated into the building regulations. We find that context-specific attention to On-Site Containment of Faecal Sludge is only given in very few states, at least within our sample size. Usually, Building Regulations seem to rely on already existing standards such as the National Building Code, 2016. Additionally, the inconsistencies within the bye-laws exhibit a lack of understanding on the issue of FSM, amongst the policy-makers. As Faecal Sludge Management is an issue at the interface of environment, sanitation, and public health, a lack of convergence between various departments of the government is also noticed.
Topic:
Environment, Government, Health, Regulation, and Sanitation
Political Geography:
South Asia, India, and Asia

674. Swachh Bharat Mission (Urban): Need vs Planning

Author:
Sama Khan
Publication Date:
06-2018
Content Type:
Policy Brief
Institution:
Centre for Policy Research, India
Abstract:
This paper analyses the effectiveness of the Swachh Bharat Mission (Urban) by analyzing the financial and physical progress of the mission and the manner in which funds have been allocated and sanctioned to different activities in various states. It examines the planned allocation of central funds (i) between the SBM (Urban) and the rural component, SBM (Gramin) (ii) among the various components of SBM-U, i.e., Construction of Individual Household Latrines and Community Toilets (IHHLs and CTs), Solid Waste Management (SWM), Information, Education and Communication (IEC) and Capacity Building (CB) and (iii) across different states and UTs. It finds that the disparity in funding between the SBM-U and SBM-G does not reflect the risk-adjusted need of urban areas, given their complexities of urban congestion and poverty that lead to higher health and environmental risk. The allocation of funds between the various components of SBM-U undervalues the need for proper solid waste management, IEC and Capacity Building and appears to ignore their effect on sanitation practices, the importance of building capacity to properly manage waste from the increasing number of toilets constructed and more organized solid waste disposal. Finally, the pattern of the allocation of funds between states does not benefit states that need it the most, in terms of states that have a lower share of in-house toilets, because the funds were allocated on the basis of the share of urban population and statutory towns. The paper concludes with recommendations to rectify some of these shortcomings.
Topic:
Environment, Poverty, Finance, Economy, and Urban
Political Geography:
South Asia, India, and Asia

675. Caring for the coast- Building regulatory compliance through community action

Author:
CPR-Namati Environmental Justice Program
Publication Date:
04-2018
Content Type:
Case Study
Institution:
Centre for Policy Research, India
Abstract:
Across the globe, the “development experience” of communities varies depending on their socioeconomic and political backgrounds. As a result of advancing developmental projects, a few communities are invariably made to pay a disproportionate share of the environmental costs in the form of exposure to toxic waste, loss of livelihood, and restrictions on mobility or access to common resources. This injustice, more than often not, is an outcome of active noncompliance and violation of environmental regulations by the projects . The Centre for Policy Research–Namati Environmental Justice Program is an effort towards closing this environment regulation enforcement gap. We have created a network of community-based paralegals, called as enviro-legal coordinators (ELCs), who work with affected communities using an evidence-based legal approach. As a part of this approach, the ELCs combine their understanding of the law, negotiation and mediation skills, and understanding of local contexts to assist affected communities in the use of the law to resolve environmental conflicts. They help the communities to understand relevant laws and environmental regulations and support them in engaging with institutions using these laws for better enforcement of regulatory compliance on the ground. This approach also develops a collaborative space for institutions and citizens to craft practical and sustainable remedies for the impacts that communities experience. This publication is a compendium of a few cases undertaken by the CPR–Namati Program’s ELCs working across the coastal belt in Gujarat and North Karnataka. These case stories capture the process of our work and illustrate the systematic, evidence-based legal approach followed by the ELCs along with the affected coastal community members to resolve conflicts arising from noncompliance or improper implementation of environmental regulations. These case stories are divided into three major thematic sections as follows: Section 1: Establishment and Activation of Gujarat’s District-Level Coastal Committees (DLCCs) as per Coastal Regulation Zone (CRZ) Notification, 2011: This section includes case studies from Gujarat, where ELCs worked towards establishing or activating District-Level Coastal Committees, an institution set up for better implementation of CRZ regulations and protection of rights of traditional coastal communities. Section 2: Securing Housing Clearances for Coastal Communities under Coastal Zone Regulation Notification, 2011 in North Karnataka: This section includes case studies from Uttara Kannada, a district in North Karnataka, where ELCs supported members of coastal communities in securing housing clearances under the coastal protection law. Section 3: Legal Empowerment in Practice: Two Case Stories: This section has two case stories from our field sites in Gujarat that illustrate the process and outcomes of legal empowerment though our work with communities.
Topic:
Development, Environment, Natural Resources, Law, Oceans and Seas, and Pollution
Political Geography:
South Asia, India, and Asia

676. Using Law to Combat Water Pollution

Author:
CPR-Namati Environmental Justice Program
Publication Date:
03-2018
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
Contamination of surface water sources due to the discharge of polluting substances has been a long standing problem in most parts of the country. In 1974, a legislation was specifically enacted to regulate and prohibit water pollution. The Water (Prevention and Control of Pollution) Act, 1974 established Pollution Control Boards at the Central and State levels and bestowed them with powers to prevent and control water pollution. Aside from the Water Act, there are also other laws which can be used to remediate water pollution. These include, environmental clearance conditions under the Environmental Impact Assessment Notification, 2006, public nuisance in the Indian Penal Code, 1860 and the licensing process under the Factories Act, 1948. Along with these, there are also certain state level legislations such as the Orissa River Pollution Prevention Act, 1953. How these laws can be used to find administrative remedies to combat water pollution has been put together in the form of two Information, Education and Communication materials by the Centre for Policy Research-Namati Environmental Justice Program, with support from the Duleep Mathai Nature Conservation Trust. The materials aim to give the reader an understanding of: The existing legislations; The kind of permissions which are needed; The various institutions which are available; The way in which evidence can be collected; The manner in which complaints can be framed; The various administrative remedies which are available; The materials focus on the states of Gujarat, Karnataka, Odisha and Chhattisgarh. Translations of the material are also available in Hindi, Gujarati, Kannada, and Odiya.
Topic:
Environment, Water, Legislation, and Pollution
Political Geography:
South Asia, India, and Asia

677. Threat Multiplier: The Growing Security Implications of Climate Change: A Conversation with Sherri Goodman

Author:
Sherri Goodman and Eli Stiefel
Publication Date:
07-2018
Content Type:
Journal Article
Journal:
Fletcher Security Review
Institution:
The Fletcher School, Tufts University
Abstract:
Sherri Goodman is an experienced leader and senior executive, lawyer and director in the fields of national security, energy, science, oceans and environment. She is a Senior Fellow at the Woodrow Wilson International Center and CNA (Center for Naval Analyses), and a Senior Advisor for International Security at the Center for Climate and Security. At CNA, Goodman also served as Senior Vice President and General Counsel and was the founder and Executive Director of the CNA Military Advisory Board, whose landmark reports include National Security and the Threat of Climate Change (2007), and National Security and the Accelerating Risks of Climate Change (2014), Advanced Energy and US National Security (2017), and The Role of Water Stress in Instability and Conflict (2017), among others. Previously, she served as the President and CEO of the Consortium for Ocean Leadership. From 1993-2001, Goodman served as the first Deputy Undersecretary of Defense (Environmental Security).
Topic:
Security, Climate Change, Energy Policy, Environment, and Geopolitics
Political Geography:
Global Focus and United States of America

678. Contemporary Questions on Eco-Terrorism: A Conversation with Dr. Michael Loadenthal

Author:
Michael Loadenthal and Fletcher Security Review Staff
Publication Date:
07-2018
Content Type:
Journal Article
Journal:
Fletcher Security Review
Institution:
The Fletcher School, Tufts University
Abstract:
Dr. Michael Loadenthal, a Visiting Assistant Professor in the Department of Sociology & Social Justice Studies at Miami University of Oxford, discussed with FSR his extensive work on eco-terrorism. His research looks to provide nuance to the way eco-terrorism has been studied and written about, and how it is understood by government entities. He uses this perspective to assess the threat, or lack of threat, eco-terrorism poses today.
Topic:
Climate Change, Environment, Non State Actors, Social Movement, and Eco-terrorism
Political Geography:
Global Focus and United States of America

679. GENDEREDNESS IN ENGOs: A COMPARATIVE INSTITUTIONAL ANALYSIS OF THE UNITED KINGDOM AND TURKEY

Author:
Rakibe Külcür
Publication Date:
10-2018
Content Type:
Journal Article
Journal:
Alternative Politics
Institution:
Department of International Relations, Abant Izzet Baysal University, Turkey
Abstract:
This paper analyses the gendered organisational practices of Environmental Non-Governmental Organisations (ENGOs) in the United Kingdom (UK) and Turkey and the possible outcomes of these practices on gender compositions in senior roles. Since gender is an important element in organisations, it is expected to have implications for policies of ENGOs. The research on which this paper is based was undertaken as part of a Ph.D. which examined the gendered nature of ENGOs in Turkey and the UK. The research revealed how and why ENGOs are gendered especially in positions of power and influence. This is an important question because of pressure groups’ influence on environmental decision-making, and yet it has largely been neglected until now. This research revealed that while the ENGO sector is dominated by young single middle-class female employees, white, middle class men are in charge of the decision-making. It showed that the ENGOs reflect the rest of the society and its dominant patriarchal values. The research concluded that gender-biased working practices such as culture of long working hours, lack of formal recruitment and promotion procedures and short-term contract work relations limit career progression of women. This is due to the gendered roles and the traditional division of work in society (the gender division of labour), where triple workload of women remains invisible as a result of patriarchal and capitalist relations existing in both societies.
Topic:
Environment, Gender Issues, Women, Feminism, and NGOs
Political Geography:
United Kingdom, Europe, Turkey, and Asia

680. Do financing constraints matter for the direction of technical change in energy R&D?

Author:
Joëlle Noailly and Roger Smeets
Publication Date:
03-2018
Content Type:
Research Paper
Institution:
Centre for International Environmental Studies, The Graduate Institute (IHEID)
Abstract:
The objective of this study is to examine the impact of firms' financing constraints on innovation activities in renewable (REN) versus fossil-fuel (FF) technologies. Our empirical methodology relies on the construction of a firm-level dataset for 1,300 European firms over the 1995-2009 period combining balance-sheet information linked with patenting activities in REN and FF technologies. We estimate the importance of the different types of financing (e.g. cash flow, long-term debt, and stock issues) on firms' patenting activities for the different samples of firms. We use count estimation techniques commonly used for models with patent data and control for a large set of firm-specific controls and market developments in REN and FF technologies. We find evidence for a positive impact of internal finance on patenting activities for the sample of firms specialized in REN innovation, while we find no evidence of this link for other firms, such as firms conducting FF innovation or large mixed firms conducting both REN and FF innovation. Hence, financing constraints matter for firms specialized in REN innovation but not for other firms. Our results have important implications for policymaking as the results emphasize that small innovative newcomers in the field of renewable energy are particularly vulnerable to financing constraints.
Topic:
Environment, Sustainable Development Goals, Green Technology, Renewable Energy, and R&D
Political Geography:
Global Focus