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11. Synthesis Report on State of Water: A Look at the Legal and Regulatory Framework Governing Water Services across Jurisdictions

Author:
Maanav Kumar and Parag Mohanty
Publication Date:
03-2019
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
This study looks at the development of legal and regulatory framework governing drinking water and sanitation services in South Africa, England and United States. Around 780 million worldwide do not have access to clean drinking water and almost 2.5 billion people lack access to improved sanitation according to data published by Centers for Disease Control and Prevention. In such a situation, it becomes extremely important to study the legal and regulatory measures used internationally to control, manage and improve these resources. This study, covering South Africa, England and USA, sets out to identify, comprehend and analyze these legal frameworks and structures; examine the control exercised by national, state/provincial as well as municipal governments over water and sanitation-related questions; and the responsive measures being taken by them to preserve the water resources and their quality for future generations. The authors have observed that in presence of varying geographical, historical and social factors, while it would be impossible to compare each model against the other on the basis of merit, it becomes increasingly important for governments to balance the individual’s right to water with the planet’s ecological balance.
Topic:
Environment, Government, Natural Resources, Water, Law, Regulation, Legislation, and Sanitation
Political Geography:
South Asia, India, Asia, and Global Focus

12. Closing the Enforcement Gap: Groundtruthing of Environmental Violations in Bodai-Daldali, Chhattisgarh

Author:
CPR-Namati Environmental Justice Program
Publication Date:
02-2019
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
Janabhivyakti, the Centre for Policy Research-Namati Environmental Justice Program and Oxfam India have jointly conducted a groundtruthing study of environmental violations in the Bodai-Daldali bauxite mine located in the Kabirdham district of Chhattisgarh. A groundtruthing study is the process of comparing the facts as mentioned in official documents with the impacts being reported by affected communities. The methodology included undertaking group discussions with the affected communities. During the group discussions, impacts which the communities were facing were discussed first. This was followed by brief discussions on the various laws and institutions which are available for dealing with impacts arising out of environmental violations. The violations were confirmed by government reports and independent research studies. These reports and studies date back to the year 2007, and some of the impacts have been in existence since the beginning of the mining operations, and have been recorded in the aforementioned reports.
Topic:
Environment, Law Enforcement, Social Policy, and Justice
Political Geography:
South Asia, India, and Asia

13. (De)globalization of International Plastic Waste Trade: Stakes at Play and Perspectives

Author:
Eugénie Joltreau
Publication Date:
09-2019
Content Type:
Special Report
Institution:
Institut français des relations internationales (IFRI)
Abstract:
The world plastic production has been multiplied by 23 since 1964 to reach 348 million tonnes (mt) in 2017. This production level is expected to double in the next 20 years, largely because of the significant growth in plastic consumption in developing countries. Today, China is the largest producer of plastics (representing nearly 30% of global production) and the European Union (EU) comes second (18.5%) with 64 mt. About 40% of plastics are single use, and thus quickly accumulate as waste. For example, in the EU, plastic packaging waste accounts for more than 60% of the total plastic waste generated each year (16.3 mt in 2016). Since the 2000s, the backbone of the EU’s waste management policy has been to define mandatory recycling objectives along with a reverse financing scheme requiring producers to take over a significant part of their products’ waste management costs. In line with these objectives, the European recycling rate for plastic packaging waste should reach 50% by 2025, against about 42% in 2016 (6.9 mt). In the EU, 30% of total plastics were collected for recycling (in 2016), and half of it was exported for recycling, mainly to China. Yet in 2017, China announced a ban on the importation of almost all plastic waste effective as of early 2018. Since then, over-dependence on China for recycling plastics has put the global recycling industry in crisis. Without the possibility to export their waste, the ability of the EU and other developed economies to reach ambitious recycling objectives is called into question. It also sheds light on the limits of plastic recycling and of low-cost recycling strategies.
Topic:
Energy Policy, Environment, Sanitation, and Recycling
Political Geography:
China, Asia, and European Union

14. Belt and Road in Latin America: A regional game changer?

Author:
Pepe Zhang
Publication Date:
10-2019
Content Type:
Policy Brief
Institution:
Atlantic Council
Abstract:
Four new BRI trends to watch: (i) enforcement of transparency, debt, and environmental safeguards; (ii) growing participation of the private sector; (iii) the role of the advanced economies in BRI; and (iv) new BRI sectors beyond infrastructure Governments and companies in Latin America and the Caribbean should engage and help shape an evolving BRI, mindful of both the opportunities and risks involved The United States can play a key role in setting standards for economic development projects in the region and beyond
Topic:
Energy Policy, Environment, Financial Markets, and Trade
Political Geography:
China, Asia, South America, and Latin America

15. Climate Change: Conflict and Cooperation (Full Issue)

Author:
Meagan Torello, Rafael Leal-Arcas, Caitlin Werrell, Francesco Femia, Carmel Davis, Ziad Al Achkar, Ang Zhao, Buddhika Jayamaha, Jahara "Franky" Matisek, William Reno, Molly Jahn, Therese Adam, Peter J. Schraeder, Juan Macias-Amoretti, and Karim Bejjit
Publication Date:
09-2018
Content Type:
Journal Article
Journal:
The Journal of Diplomacy and International Relations
Institution:
School of Diplomacy and International Relations, Seton Hall University
Abstract:
In the first issue of our 20th volume, the cooperative and conflictual nature of climate change in international relations is explored. Rafael Leal-Arcas analyzes the necessity of a symbiotic relationship between bottom-up and top-down negotiations to implement clean energy consumption. Following, Caitlin Werrell and Francesco Femia begin this issue's dialogue on climate change and security. Carmel Davis discusses the effects of climate change on Sub-Saharan Africa's ability to develop and subsequently mitigate conflict. Similarly, Ziad Al Achkar outlines the economic, environmental, and security threats in the Arctic as its ice continues to melt. Zhao Ang then discusses China's ability and incentives to pursuing a greener economy. Following, Buddikha Jayamaha, Jahara Matisek, William Reno, and Molly Jahn discuss the security and development of climate change implications in the Sahel region. The main portion of this issue proudly concludes with the Journal's interview with former Swiss Ambassador Therese Adam on climate change negotiations and the great potential for civil society engagement. Following the climate change portion of this issue, we feature a special sup-topic: Africa Rising. Here, Peter Schraeder discusses the effects of President Donald Trump's foreign policy in Africa. Juan Macías-Amoretti analyzes the role of Islam in Moroccan politics, while Karim Bejjit concludes with a discussion on Morocco's growing relationship with the AU.
Topic:
Security, Climate Change, Diplomacy, Environment, Islam, Regional Cooperation, Conflict, and Donald Trump
Political Geography:
Africa, China, Europe, Asia, North Africa, Switzerland, Morocco, Sahel, and Global Focus

16. 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

17. 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

18. 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

19. 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

20. 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