Special Issue

LAW AND THE ENVIRONMENT CONFERENCE 2024, UNIVERSITY COLLEGE CORK: RIGHTS, REMEDIES AND RESTORATION IN ENVIRONMENTAL AND NATURAL RESOURCES LAW

Editorial
OWEN McINTYRE, University College Cork .

Emerging technologies and improving implementation of Aarhus Convention environmental human rights
ALISON HOUGH, Technological University of the Shannon, Athlone, County Westmeath

Emerging technologies are having a transformative impact on many areas of public and private life, and unsurprisingly have begun to appear as topics for discussion on the agenda of many of the UN Aarhus Convention Taskforces and Working Groups as the implications and impacts for environmental justice emerge. These technologies like artificial intelligence, blockchain, cloud computing and advances in sensor technology are allowing unprecedented levels of data gathering and processing, potentially enhancing access to information on the environment for the public. This article examines emerging technology applications that impact Aarhus rights, the potential benefits, risks and mitigations of those risks, and the broader implications of the standards expected of State Parties to the Aarhus Convention under international law. 

Finding a balance ? Using the conceptual framework of ecosystem services top promote realisation of environmental rights
Alannah Shesgree

The ecosystems (ES) paradigm is central to the understanding of life on earth. Using ES as a link between environmental rights (ER) and the ecosytem approach (EA) can enhance the realisation of both concepts, there by promoting a sustainable future for humanity and the planet

The Espoo Convention: providing for environmental considerations in a transboundary context
ANDERS BENGTSSON

As a former member of the Espoo Convention Implementation Committee, the author summarises some of his experiences and shares some general reflections on the Convention and its status. He concludes that although lack of financing remains a major challenge, the Convention still has a very important role in providing for environmental considerations in a transboundary context. 

Walking through silent forests: genetic engineering and the guiding hand of the precautionary principle
ALESSANDRA GUIDA, School of Law, Queen’s University, Belfast

The environmental impact of genetic engineering in the context of genetically modified trees has become a contentious issue, dividing the scientific community and  posing challenges for legal frameworks. While GM trees offer potential benefits, such as resilience to climate change and resistance to pests and diseases, they also raise significant environmental concerns, including threats to biodiversity and the creation of so-called ‘silent forests’. This article examines the critical role of the precautionary principle in ensuring biosafety amidst scientific uncertainty and offers an interpretation of the precautionary principle that ensures biosafety and, simultaneously, supports the sustainable management and global trade of genetically modified trees. 

New approaches to enforcing protection of archaeological heritage in Ireland: the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023
SEÁN KIRWAN, Senior Archaeologist, National Monuments Service, Ireland

Ireland is home to over 130,000 pre-18th-century above-ground archaeological monuments with the likelihood of many more as yet undiscovered. Despite legislation in the form of the National Monuments Acts 1930 to 2014, there has not been a comprehensive and effective system for protecting this heritage. However, it is argued that the new 2023 Act now provides a strong legal framework for the protection of archaeological and other cultural sites and for the regulation of archaeological excavations. 

Liability and responsibility for water services in Scotland: who should bear the costs of reform?
SARAH HENDRY, Dundee Law School and UNESCO Centre for Water Law, Policy and Science

The Scottish Government’s Programme for Government 2023/24 included a consultation on reform to the legislative frameworks for water supply, sewerage and drainage. Its proposals sought views as to how domestic users can be incentivised to use less water; whether there should be new offences in relation to wastewater; how homeowners (and businesses) can be ‘encouraged’ to make use of blue-green infrastructure; how to support owners of private supplies; and how public services should be paid for. The article examines the proposals in terms of regulation and of liability, including who should have to pay for such initiatives, and draws lessons that might be useful in other places. 

How can the Nature Restoration Law support holistice climage action and sustainable development in Ireland?
Denise McClullagh, Marie Centre, Environmental Research Institute, University College Cork

The Nature Restoration Law provides legally binding, timebound obligation for all EU Member States to restore degraded ecosytems, habitats and species. With the help of five case studies, this article explores how the implementation of this law presents an opportunity to support other key national priority areas in Irleand, such as climate action and sustainable development. By utilising stakeholder attachment to these places and supporting education and collaboration, Ireland can ensure that the National Restoration Law will have multiple environmental, social and economic co-benefits for communities across the country

EU nature law: a critical analysis from a nature restoration
PATRYCJA DORNIAK-GELZER

Nature in the EU is in a critical state, with the majority of protected habitats and a significant proportion of protected species in a vulnerable condition. While, under the Nature Restoration Law, there are now general restoration obligations for habitats outside the Natura 2000 network, it is argued that neither the new law nor the Nature Directives address nature restoration effectively. 

Current Survery

European Union
Martin Hedemann-Robinson University of Kent