Tuesday, February 12, 2013

environmantal laws



  1. Introduction
1.1              Definition of environmental laws
Environmental laws are a form of modern legislative policies that are aimed at protecting the natural resources and environment of the earth. Environment laws mostly involve the process of promoting the sustainability and maintenance of the use of water, air and land in particular (Global Environmental Concepts, 199). Environmental factors generally involve all the elements that are in the ecosystem w1here individuals interact. The laws usually take different form as they are created in diverse legal processes.

1.2              The need for environmental laws
Environmental laws are importance considering the various activities organizations are involved and the implications they tend to have in the atmosphere. If environmental laws can not be in existence it would mean there would be no regulating factors and the environment will be affected negatively. If the environment is affected negatively the general human population will also be affected in the same way considering the dependence the society has to the environment (Global Environmental Concepts., 201). Also the future generation will be affected as the environment is affected negatives hence the need for environmental laws.  
1.3              Research objectives
The objective of the research is to identify whether the government should promote the development of the environmental laws. The research will also consider the implications of there being environmental laws and not.
1.4              Research questions
Should the government set up environmental laws?
Are environmental laws important?
What impact do environmental laws have in the society?

1.5              Research hypothesis
The hypothesis of the research is to consider whether environmental laws are important in the adoption by the government. It is important to consider all the related factors influencing the environmental laws and the implications they have if adopted or not.   
1.6              Thesis: There is a need for enactment of laws that are aimed at protecting the environment.
The primary objective of the research is to focus on whether the government should set up environmental laws and what are the implications if they are adopted or not. Considering the activities which are being carried out in the society by businesses and industries it is important for necessary measures to be taken. There is need for enactment of laws that are aimed at protecting the environment (Esty, Daniel & Steve Charnovitz, 122). If such measures are not taken, it will imply that the environment will be depleted and eventually affecting the entire society.
  1. Literature Review
2.1              Major previous studies:
Significant studies have been carried out regarding environmental issues and laws. This has resulted to creation of international environmental protection laws taking the form of multinational treaties or group of countries come together and make treaties. One significant study that involved approximately 200 countries came up with an international law known as the Kyoto protocol. The Kyoto protocol is an agreement made by all the involved countries to reduce greenhouse gas emissions that include carbon dioxide and methane. The previous study was carried out by the United Nations hence fostering the Kyoto protocol.
2.2              Conceptual literature
Nations and authorities have passed environmental laws and regulations to be in a position of protecting the human health and the environment. The environment plays a great role to the human society in general due to the interdependence in existence. The implications that are there to the society if the environment is affected negative made other states to have long history of environmental laws (Esty, Daniel & Steve Charnovitz,, 123). The goal of adopting the environmental policies was primarily to protect the environment for future generations. This involves regulating commerce activities by interfering with them as little as possible but also by enhancing efficiency of commerce through equality as to who is to cover environmental costs in relation to the implications they have.  
2.3              Synthesis into a totally integrated section in the context:
2.3.1        History of research - Research methods typically used:
History of research regarding environmental laws dates long back in history. Some states for instance South Carolina in 1671 sits colonial assembly passed a law that is still in effect today “that no person should cause a flow into or be cast into any of the creeks, streams or inland waters of the state any impurities that are poisonous to fish o destructive to their spawn such person shall upon conviction be punished”. The research methods that were used were the implications they had on the society in terms of the environmental effects.           
2.3.2        Evaluation of Key Studies:
The study carried out by the united nation has proved to be significant as it brought together more than 200 countries to foster an international agreement. The result of the study of the implications greenhouse emissions had to the environment they had to take the necessary measures in adopting a protocol that will bind them in reducing them to protect the environment.
  
2.3.3        Examining examples of governments that have implemented environmental laws
           The United States government has adopted landmark environmental policies and each of its states has equally vital environmental policies. The laws adopted are made to regulate the organizations in the country to abide to the environmental regulations so as not to affect it negatively (Revisions To The Unregulated Contaminant Monitoring Regulation, Para 5). The judicial also does review the legislative enactments and the administrative decisions hence making them more effective.
     The Danish government has also adopted environmental policies such as the Danish action plan aims at addressing pollution in the aquatic environment. This includes Denmark lakes, rivers, marine and groundwater. The environmental policy also does focus on the links in urban, agricultural and industrial sectors and the aquatic environment. The environmental law was developed in 1987 and does include a variety of strategies on assessing the ecosystem and significant causes of the environmental problems (Wijen & Rob, 28).

2.4              Summary
Environmental law policies have in effect for a very long time in the society. There are different policies regarding environment and they are essentially aimed at protecting the environment and existence of future generations. If properly adopted by the relevant agencies and all stakeholders they will play a great role in ensuring there is a sustainable environment (Jackson, 28425). Environmental laws experience a great deal of criticism in the society due to conflicting objectives of the involved stakeholders, considering some what to benefit without caring they implications they cause in the environment.
  1. Research Methodology        
3.1              Theoretical Framework
The research methodology is confined in the implications of commerce and other human activities have on the environment. The process is carefully and systematically followed to obtain the objective of the study regarding whether or not the governments should adopt environmental laws (McGrath, 18). The theoretical framework of the research is to highlight on the major factors in the environment and the government has control over them.    
3.2              Research Methodology
3.2.1        Conceptual Framework
A scientific attitude is adopted in the conceptual framework of the research considering the environmental is affected by gradual processes in the ecosystem. Therefore there is need for the study to be carried out in a systematic, ethical and skeptic manner to have a viable sense of truth regarding the problem being considered. The study will take into account all the available ideas regarding the problem being considered on the environment (McGrath, 19). Diverse groups have different line of though and including all the stakeholders affected by the environmental laws and policies will make it possible to attain the truth on the subject problem.   
3.2.2        Type of data to be collected for the research paper
The type of data that is to be used in the research paper is the secondary data. The data has already been collected and all the factors influencing the environment taken into consideration in making a viable conclusion.  
3.2.3        Drawbacks of research method selected.
The method used in the research has limitations considering that the data used is a secondary data. Being in a position of attaining an effective result it is important to use current data that align with the prevailing conditions. The data used has been obtained from past years and the rate in which the environment is affected is changing time over time. This will tend to undermine the conclusions made from the study.
Environmental issues and policies regarding the businesses and industries tend to have biasness in who is initiating the study (Haley, Usha & Douglas, 17). Different stakeholders tend to protect their interests to benefit from the environmental debates, having a positive perspective boosts their activities and vise versa.   
3.2.4        Research subjects and Research variables
Subjects and variables considered in the research are the cases investigated and turned out to infringe the policies regarding environmental policies. The data collected is done the environmental directorate general and the case considered are those that have gone through the first step of issuing a formal notice (Haley et al., 19).
3.3              Summary
The study does use secondary data collected by the environmental directorate general regarding infringement cases (Haley et al., 23). All the factors that influence the subject problem have to be taken into consideration to attain a viable conclusion regarding to the prevailing condition by the government.
  1. Presentation and Analysis of Findings:      
4.1              Description of the data collected.
The data collected shows how environmental laws were infringed while at the same time there are laws that tend to at least regulate the industry. This will show us how effective they are and what are the necessary steps required to be taken by governments in relation to policies and laws.
4.2              Presenting the data collected
http://ec.europa.eu/environment/legal/law/images/image1.jpg
Adapted from European commission, Para 2
The data collected above involves the number of infringements experienced per year by various governments. In the past five years the cases have fairly remained constant and considering the EU region is enlarging the cases may increase in years to come.
http://ec.europa.eu/environment/legal/law/images/image2.jpg
Adapted from European commission, Para 3
http://ec.europa.eu/environment/legal/law/images/image3.jpg
Adapted from European commission, Para 4
The tables above present data on open infringement cases by environmental sectors for the years ending 2008 and 2009.

4.3              Discussing the findings in terms of each segment of data gathered.
In the first table regarding the number of infringements cases per year shows the implications of the available regulations. These are cases that have been recorded in that businesses and industries in the different EU countries are not abiding to the set guidelines (European commission, Para 6). This tend to have a negative picture to the environmental sector in general considering the EU region is going to expand in future implying there would be an increase in the infringement cases. The second chart regarding the different type of environmental sector being considered presents 2009 and 2008 data and the different impact the regulation policies have had in curbing the pollution (Mojtaba Saeidinia, et al, 396).     
4.4              Summary of the data collected.
The data show a general picture of what the state of the environment laws and the implications they have had in averting pollution. In the data collected it does show that in the five past years infringement cases have been relatively constant and may increase as the ERU region is going to expand in future. The infringement cases by environmental sector does also show some sectors reducing while others increasing and through this necessary actions can be clearly drawn (Jackson, 28426).
  1.   Conclusion and Recommendations          
5.1              Summary
In the paper it has clearly shown the impact the present environmental cases and policies have. This gives the governments a platform they can weigh on the impacts they have and the necessary steps that need to be take (McEldowney & Sharron, 170). This involves the setting up effective environmental laws that can drastically reduce the infringement cases in the future. Environmental policies and laws have proved to be important as they regulate the stakeholders in the society and can be used in reviewing the set guidelines to align with the prevailing conditions. 
5.2              Conclusion of findings
Governments need to set up environmental laws that are effective and align to the prevailing conditions to reduce infringement cases (Muchlinski, 158). Environmental laws and policies are important in regulating the environment and making it sustainable to the future generations (Martin & Alison, 50). If no measures are taken to curb the vice, the cases will increase and have a significantly negative impact in the society.  
5.3              Recommendation
To set up effective environmental laws that are effective the governments needs to involve all the involved stake holders. This will provide a platform where they can share ideas and opinions on the best way forward and will significantly reduce cases of pollution in the environment (Masur & Eric, 1560).  
5.4              Implication of the research
The research offers a platform for future studies on the topic and an insight on the environmental challenges. All stakeholders need to realize that enhancing the sustainability of the environment is important for us and the generations to come (Marquis, Zhang & Zhou, 40). Policies need to be developed that align with the prevailing conditions to enhance effectiveness.  
5.5              Limitation of the research
The limitation of the study is based on the varying conditions in the different parts of the globe. This will make the cases to not align as different elements are involved hence having varying conclusions (Kwasniak, 425). Data collected is from past years and may hinder the conclusion considering different factors arise with time.

References
Esty, Daniel C., and Steve Charnovitz. "Green Rules To Drive Innovation." Harvard Business Review 90.3 (2012): 120-123
European commission: From http://ec.europa.eu/environment/legal/law/statistics.htm (accessed on 28th July 2012)
Global Environmental Concepts. Guinea Bissau Country Review (2012): 199-218
Haley, Usha C.V., and Douglas A. Schuler. "Government Policy And Firm Strategy In The Solar Photovoltaic Industry." California Management Review 54.1 (2011): 17-38
Jackson, Lisa P. "Final Rule To Implement The 1997 8-Hour Ozone National Ambient Air Quality Standard: Classification Of Areas That Were Initially Classified Under Subpart 1; Revision Of The Anti- Backsliding Provisions To Address 1-Hour Contingency Measure.." Federal Register 77.93 (2012): 28424-28446
KWASNIAK, ARLENE J. "Use And Abuse Of Adaptive Management In Environmental Assessment Law And Practice:: A Canadian Example And General Lessons." Journal Of Environmental Assessment Policy & Management 12.4 (2010): 425-468
Marquis, Chrisopher, Zhang Jianjun, and Zhou Yanhua. "Regulatory Uncertainty And Corporate Responses To Environmental Protection In China." California Management Review 54.1 (2011): 39-63
Masur, Jonathan S., and Eric A. Posner. "Climate Regulation And The Limits Of Cost-Benefit Analysis." California Law Review 99.6 (2011): 1557-1599
Martin, Roger, and Alison Kemper. "Saving The Planet: A Tale Of Two Strategies." Harvard Business Review 90.4 (2012): 48-56.
McGrath, C. Does environmetal law work: how to evaluate the effectiveness of an environmental legal system. from http://www.envlaw.com.au/delw.pdf (accessed on 28th july 2012)
McEldowney, John, and Sharron McEldowney. "Science And Environmental Law: Collaboration Across The Double Helix." Environmental Law Review 13.3 (2011): 169-198
Mojtaba Saeidinia, et al. "Challenges Of Implementing And Enforcing Of Environmental Law In Malaysia." Global Conference On Business & Finance Proceedings 7.1 (2012): 395-403
Muchlinski, Peter. "Implementing The New UN Corporate Human Rights Framework: Implications For Corporate Law, Governance, And Regulation." Business Ethics Quarterly 22.1 (2012): 145-177
Revisions To The Unregulated Contaminant Monitoring Regulation (UCMR 3) For Public Water Systems. Federal Register 77.85 (2012)
Wijen, Frank, and Rob van Tulder. "Integrating Environmental And International Strategies In A World Of Regulatory Turbulence." California Management Review 53.4 (2011): 23-46.