Volume 14 (2022)
Plenk: Legal mechanisms impacting urban sprawl: A comparison of the United States and Germany
Author: Lukas Plenk
Abstract:
Urban sprawl, defined by low-density expansion of urban areas, adds to land consumption. Negative associated environmental impacts include loss of fertile soils and biodiversity. The binding force of legal measures has the potential to steer urban development in the direction of sustainable land consol-idation and away from expansive development practices. This article explores the legal mechanisms helping and hindering land consolidation in the United States and Germany through a comparative law analysis. A comparative law system is derived based on a general conceptual framework by comparing the different nuances in how the two legal systems address urban sprawl and analyzing the underlying reasons. This work adds to the continued discussion on legal avenues to combat land consumption and focus on more sustainable urban consolidation practices.
Ienlanye & Agelebe: Impacts of Oil Production on Nigeria‘s Waters: Assessing the Legal Labyrinth.
Authors: Solomon A. Ienlanye & Dennis Agelebe
Abstract:
Freshwater pollution contaminates substances that render the water body in certain areas of Nigeria unsuitable for specific usage. Two fundamental causative agents of water pollution are oil exploration and exploitation operations. Consequently, environmental pollution from oil production in Nigeria has detrimental impacts on freshwater bodies, particularly for communities located in oil-bearing regions. The resultant pollution has significantly affected the lives and livelihoods both economically and socially of these communities. In response to these environmental hazards, the Federal Government of Nigeria has established legislation to protect the environment against oil pollution. The National Water Resources Bill has generated controversy in that it seeks to determine the clamour for the devolution of power among the tiers of government to actualise true federalism in Nigeria. This paper articulates the inadequacies in the regulatory framework for the administration of freshwater as established in the Constitution of the Federal Republic of Nigeria 1999 (as amended). Further, the paper examines the effectiveness of the relevant environmental protection enactments in implementation, enforcement and monitoring by the responsible governmental agencies. The impacts of oil production on the biodiversity in Nigeria are also evaluated to provide recommendations for strengthening the regulatory structure for the management of freshwater to ensure minimal oil pollution.
Anstee & Doffing: The UK and Germany’s legal approach to air pollution – a functionalist comparative analysis.
Authors: Millie Anstee & Naomi Doffing
Abstract:
In this paper, a comparative law approach is used to analyse how UK and German law respond to the issue of air pollution. Firstly, the sources of law connected to the legal approaches are laid out, particularly regarding the NEC Directive 2016/2284/EU. Once juxtaposed, a functionalist type II comparison is used to examine how German and UK law approach air pollution, and how they seek to comply with international goals, especially those in the NEC Directive. It is concluded that, despite differences in legal family, Germany and the UK share a considerable amount of similarities when it comes to air pollution law. Both states implemented the targets of the NEC Directive into national legislation while also producing legislation to establish responsibility of various bodies to reduce air pollution, monitor emissions and effects, and adhere to EU limits. Legal structures underpinning environmental law of the two states differ; in Germany, a civil law state, codified statutes play a significant role in the application of law, whereas in the UK, a common law state, case law is of primary importance. This paper finds the EU to be the primary force drawing the legal systems together, yet the differences found are unsurprising due to the pre-existing legal systems and cultures. It is left open as to how the UK will act without the EU’s oversight and legal forcing to attain its target values and limits, potentially retaining the EU’s influence for a long time to come.