7th COLLOQUIUM OF THE IUCN ACADEMY OF ENVIRONMENTAL LAW
WUHAN, CHINA (November 2009)

ENVIRONMENTAL GOVERNANCE AND SUSTAINABILITY

November 2, 2009

PLENARY SESSION I

Environmental Governance and Sustainability: Contributions and Limits of Law

Chair: Gilberto Rincon, Centre for Studies in Sustainable Development (Colombia) and Vice Chair of the IUCN Academy of Environmental Law

  1. Cai Shouqiu, Wuhan University (China), Achievements, Shortcomings and Prospect of China’s Environmental Law
  2. Benjamin J. Richardson, Osgoode Hall Law School(Canada), Why Doesn’t Environmental Law Work?
  3. Dennis Te-Chung Tang, Institutum Iurisprudentiae, Academia Sinica (Taiwan, China), Environmental Governance in Taiwan: Reflections on the Aarhus Convention
  4. Robert V. Percival, University of Maryland (USA) and Jingjing Zhang, Public Interest Law Institute (China), Toward Global Liability Standards for Environmental Harm
  5. Douglas Fisher, Queensland University of Technology(Australia), A View of Jurisprudential Architecture for Sustainable Environmental Governance

PLENARY SESSION II

Environmental Governance and Sustainability: Challenges and Opportunities at the National and International Levels

Chair: Nicholas Robinson, Pace University (USA)

  1. Kishan Khoday, United Nations Development Programme (UNDP), Globalization and the Evolution of Environmental Governance in China’s Socialist Market Economy
  2. Wang Xi, Shanghai Jiao Tong University(China), On Strategic Break-Through for Reform of Environmental Law in China
  3. John Dernbach, Widener University (USA), Navigating the U.S. Transition to Sustainability: Matching National Governance Challenges with Appropriate Legal Tools
  4. Willemien Du Plessis and Johan Nel, North-West University (South Africa), Emerging Trends in the Adoption and Use of Alternative Environmental Governance Tools – Towards a Sustainable Future for South Africa?
  5. Bharat Desai, Jawaharlal Nehru University (India), Future of International Environmental Governance: Report of the UN General Assembly Informal Consultations and Beyond

PLENARY SESSION III

Environmental Governance, Sustainability and Environmental Courts and Tribunals

Chair: Hans Christian Bugge, University of Oslo (Norway)
  1. George (Rock) Pring and Catherine (Kitty) Pring, University of Denver (USA), Enhancing Environmental Governance and Access to Justice: A Global Study of Specialized Environmental Courts and Tribunals
  2. Justice Nicola Pain, Land and Environment Court of New South Wales (Australia), The Role of Courts and Tribunals in Enhancing Access to Justice in Environmental Litigation
  3. Annika Nilsson, Lund University (Sweden) and Helle Tegner Anker, Copenhagen University (Denmark), The Role of Courts in Environmental Law – Nordic Perspectives
  4. Tseming Yang, Jingjing Liu, and Siu Tip Lam, Vermont Law School (USA), A Comparative Perspective on Environmental Courts
  5. Gao Jie, Natural Resources Defense Council (China), Development of Environmental Courts in China: the Promise and Potential Pitfalls and Implications for Environmental Public Interest Litigation

LECTURE BY THE DISTINGUISHED SPEAKER

Speaker: Michael Faure, Maastricht University and Erasmus University Rotterdam (The Netherlands), Instruments for Environmental Governance: What Works?

November 3

PANELS

SUSTAINABLE MANAGEMENT 1: Water Governance and Sustainability

Chair: David VanderZwaag, Dalhousie University (Canada)

  1. Joseph W. Dellapenna, Villanova University School of Law (USA), The Need for Water Law Reform in the Face of Global Climate Disruption and the Demise of the Washington Consensus
  2. Alexandra Dapolito Dunn, Pace University (USA), Ownership of Water and Wastewater Infrastructure: How Environmental Governance and Rule of Law Can Promote Equity and Justice
  3. David N. Cassuto, Pace Law School(USA) & Romulo S.R. Sampaio, FGV Direito Rio, Rio de Janeiro (Brazil), Water Law in the US & Brazil - Two Approaches to Emerging Water Poverty
  4. Susan Smith, Willlamette University (USA), Using Community Water Management Committees to Improve Environmental Governance in Failed States
  5. Koh Kheng Lian, National University of Singapore (Singapore), Protection and Supply of Water Resources: Policy, Law and Governance: The Singapore Case Study

CLIMATE CHANGE 1: Environmental Governance, Sustainability and Adaptation to Climate Change

Chair: Carolyn Farquhar, Secretariat of the IUCN Academy of Environmental Law (Canada)

  1. Nicholas Robinson, Pace University (USA), Sustainable Governance Amidst Earth’s Changing Climate: Legal Elements of Resilience (paper only available)
  2. Jonathan Verschuuren, Tilburg University (The Netherlands), Climate Change: Rethinking Restoration
  3. Ben Twinomugisha, Makerere University (Uganda), Using the Right to Food Framework to Tackle the Problem of Climate Change in Africa (no presentation available)
  4. Albert Mumma, University of Nairobi (Kenya), Adapting to Climate Change: An Analysis of the Legal and Policy Adaptations Necessary for Sustainable Development in Poor Countries

SUSTAINABLE MANAGEMENT 2: Integrating the Concept of Sustainability

Chair: Ben Boer, University of Sydney (Australia)

  1. Hans Christian Bugge, University of Oslo (Norway), The Principle of Integration and its Dilemmas
  2. Lee Paddock, George Washington University Law School (USA), The Essential Tools of Sustainable Environmental Governance
  3. David Grinlinton, University of Auckland (New Zealand), Integrating the Normative Principle of Sustainability into Environmental Governance in New Zealand
  4. Justine Bell, Associate Lecturer, University of Queensland (Australia), Integrated Natural Resource Management in Australia: A Gap between Policy and Practice?’
  5. John Dernbach, Widener University (USA), Progress Toward Sustainability: A Report Card and A Recommended Agenda

PANELS

ACTORS 1: Environmental Governance and Sustainability through Multiple Actors

Chair: David Hodas, Widener University (USA)

  1. Piet Willems, Ghent University (Belgium), The European Union’s Green Diplomacy Network: A Concept for Environmental Governance and an Instrument for Sustainability
  2. Elizabeth A. Kirk, University of Dundee (United Kingdom), Governance in a Time of Uncertainty: Arctic Pathways
  3. Laode M. Syarif, Hasanuddin University (Indonesia), Planning and Coordination in Environmental Governance: Indonesian Way of Undoing Thing
  4. Anél Du Plessis, North-West University (South Africa), Local Environmental Governance in Post-apartheid South Africa: Current Challenges of Governors and Enforcers
  5. Matias Forss, PhD student, University of Helsinki (Finland), The Governance of Sustainable Development

CLIMATE CHANGE 2: Norms and Means to Achieve Sustainability in an Era of Climate Change

Chair: Li Zhiping, Sun Yat-sen University (China)

  1. Zhou Chen,Tilburg University (The Netherlands), Legal Barriers of Technology Transfer in Addressing Climate Change; From the Perspective of the Suppliers
  2. Jiang Xiaoyi, University of Western Sydney (Australia), How Do CDM Projects Contribute to Sustainable Development in China? An Assessment of the Performance of CDM in China
  3. Angela Williams, University of Sussex (United Kingdom), Employing Solidarity to Reframe the Climate Justice Debate

ENVIRONMENTAL JUSTICE 1: Environmental Governance and Sustainability: Information and Participation

Chair: Michael Kidd, University of KwaZulu-Natal (South Africa)

  1. Jona Razzaque, University of the West of England(United Kingdom), Participatory Environmental Governance: Assessing the Role of Communities in Europe and Asia
  2. Qin Tianbao and Wang Huanhuan, Wuhan University (China), Exploring a new direction in information age: environmental e-governance in China
  3. Wen-Hsiang Kung, PhD student, Indiana University (USA), The Development of Environmental Protection in Information Age: Using Information as a Regulatory Tool and its Perspective – the Overview of the US Experience
  4. Katja Rath, Helmholtz Centre for Environmental Research –UFZ (Germany), How the Exemption became Standard: The Role of Consumer Behaviour and the Safeguard Clause

PANELS

CLIMATE CHANGE 3: Sustainable Energy

Chair: Bharat Desai, Jawaharlal Nehru University (India)

  1. Dick Ottinger, Pace University (USA), Implementation of Energy Efficiency Standards and Renewable Energy Initiatives (no presentation available)
  2. James Prest, Australian National University (Australia), Planning Law for Renewable Energy Development: Fast Tracking or Public Participation? Weighing Global Benefits Against Local Impacts
  3. David Hodas, Widener University (USA), Legal Governance in Energy Planning
  4. Emmanuel Kasimbazi, Makere University (Uganda), Legal and Environmental Dimensions of Oil Exploration in Uganda

SUSTAINABLE MANAGEMENT 3: Environmental Governance, Sustainability and Waste Management

Chair: Irene Lye Lin Heng, National University of Singapore(Singapore)

  1. Liu Fan, Wuhan University (China) & Ken Bryson, Cape Breton University (Canada), Sydney Tar Ponds Remediation its Experience to China
  2. Hsing-Hao Wu, National University of Kaohsiung (Taiwan, China), A Study of Recent Development of the Taiwan’s Waste Management Legal Proposal: Lesson from Resource Recycle and Solid Waste Management Law and Policy in the EU and the United States
  3. Luo Ji, Wuhan University (China), Legislation on the Prevention and Control of Environmental Pollution by Solid Waste Pollution in China (presentation not available)
  4. Hitoshi Ushijima, Chuo University (Japan), Locating an Industrial Solid Waste Disposal Site with Public Participation: Developments of Japanese Environmental Law and Governance in Quest for Sustainability
  5. Mario Williams Garcia, University Simón Bolívar de Barranquilla (Colombia), Gold Mining in Colombia: Environmentally Uncontrollable and Unsustainable

ENVIRONMENTAL JUSTICE 2: Environmental Governance, Sustainability and Environmental Rights

Chair: Anel Du Plessis, North-West University (South Africa)

  1. Tumai Murombo, University of Witwatersrand(South Africa), The Utility of an Environmental Right to Zimbabwe’ Economic Recovery
  2. Wang Xiao-gang, Jilin University(China), How to Make Citizen’s Rights to the Environment Possible in China from “Environmental Damages” to “Damages to the Environment per se”
  3. Shawkat Alam, Macquarie Law School (Australia), Right to a Healthy Environment, Right to Development and the North-South Divide: Reviewing the Global Partnership for Development
  4. William Onzivu, University of Bradford (United Kingdom), Health in International Environmental Law: Implication for Environmental Governance for Sustainability in Developing Countries
  5. Jan Jans and Albert T. Marseille, University of Groningen (The Netherlands), The Role of NGOs in Environmental Litigation: Some Observations of Judicial Review and Access to Courts in the Netherlands

PANELS

ACTORS 2: Environmental Governance, Sustainability and Corporations

Chair: Jose Juan Marquez Gonzalez, Metropolitan Autonomous University, (Mexico)

  1. Kars J. de Graaf & Jan Jans, University of Groningen(The Netherlands), 'Private sector and environmental standard setting; legality, governance and transparancy in the EU and the Netherlands'.
  2. He Lihui & Xu Dai, Lanzhou Law School (China), On the Corporation Environmental Responsibility and the Chinese Legislation on Corporation’s Environmental Responsibility
  3. Svitlana Kravchenko, University of Oregon (USA), Corporate Accountability for Environmental Damage: Human Rights Approaches
  4. Peggy Kuphakwenkosi Gumede, University of Cape Town (South Africa), Towards informal mechanisms for environmental compliance in South Africa: A case study of Environmental Management Co-operative Agreements (EMCAs)
  5. Zhu Xiaoqin, Xiamen University (China),Corporation’s environmental responsibility
  6. Olawale Ajai, Pan African University (Nigeria), Corporate Social Responsibility versus Corporate Sustainability Responsibility: Where Does Corporate Law Stand?

ACTORS 3: Non State Actors, Environmental Governance

Chair: Shawkat Alam, Macquarie University (Australia)

  1. Zhou Yi-Ping & Li Jie, Xi'AN University of Architecture and Technology (China), The Right of Farmers to Participate in Environmental Protection: a Look at Shan Xi Province
  2. Wang Huanhuan, Wuhan University(China), Women in Environmental Governance: to Be Absent or to Be Present?
  3. He Weidong, Shanghai Social Sciences Institute (China),NGO’s Role in Environmental Protection in China
  4. Elizabeth Burleson, University of South Dakota, The need for codification of climate measures to address ecomigration
  5. Michèle Morel, Ghent University (Belgium), From climate refugees to survival migrants: international legal protection standards

ENVIRONMENTAL JUSTICE 3: Environmental Governance, Sustainability and Environmental Law in the Courts

Chair: Robin Warner, University of Wollongong (Australia)

  1. John E. Bonine, University of Oregon (USA), Should the Right to a Healthy Environment Be Enforceable by Citizens in the Court?
  2. Afshin Akhtarkhavari, Griffith University (Australia), Can Formal Adjudication Change Environmental Law & Politics?
  3. Markus Gehring, University of Ottawa (Canada), Sustainable Developments in International Courts and Tribunals – Judicial Activism in the WTO?
  4. Imran Akram, Queen’s University (Canada) and Advocate High Courts of Pakistan (Pakistan), Good Governance for the Environment in a Discontented Community: Myth and Reality
  5. Liselotte Smorenburg-van Middelkoop, University of Amsterdam (The Netherlands), Implicit discrimination by Dutch Courts of European and International environmental law: is it justified?

November 4, 2009

PANELS

SUSTAINABLE MANAGEMENT 4: Marine & Coastal Environmental Governance and Sustainability

Chair: Lin Feng, City University of Hong Kong (China)

  1. David L. VanderZwaag, Dalhousie University and Paul Macnab, Fisheries and Ocean Canada (Canada), Marine Protected Areas (MPAs) as a Tool for Environmental Sustainability: a Case Study of the Gully off Nova Scotia, Canada (no presentation available)
  2. Robin Warner, University of Wollongong (Australia), Protecting the Wild Ocean: Developing Legal and Institutional Arrangements for Environmental Impact Assessment in Marine Areas Beyond Jurisdiction
  3. Udomsak Sinthipong, Bangkok University (Thailand), Project on Draft Promotion of Marine and Coastal Resources Management of Thailand
  4. Liu Nengye, PhD student, & Frank Maes, Ghent University (Belgium), The European Union as an Actor in the Governance of Prevention of Vessel-Source Pollution: its Internal Influence as well as a Source of Inspiration for China
  5. Yanti Fristikawati, Atma Jaya Catholic University (Indonesia), Public Participation in the Protection of Coral Reef in “Kepulauan Seribu”

ENVIRONMENTAL JUSTICE 4: Environmental Governance, Sustainability and Access to Justice

Chair: Jingjing Liu, Vermont Law School (USA)

  1. Cao Mingde, China University of Political Science and Law, Beijingand Wang Fengyuan, Southwest University of Political Science and Law, Chongqing,(China), The Theoretical Basis of Environmental Public Interest Litigation and the Necessity and Obstacles to Such Litigation by ENGO in China
  2. Ma Yong, All-China Environment Federation (China),On Environmental Public Interest Lawsuit undertaken by Environmental Protection Communities
  3. Gu Dejin, Sun Yat-Sen University (China), Function of Emerging Environmental Tribunal and Litigation in China
  4. Mei Hong,Ocean University of China, Environmental Public Interest Lawsuit
    Ding Zhi, Beijing School of Forestry, Climate Change and Forestry

ENVIRONMENTAL JUSTICE 5: Environmental Governance, Sustainability: Information and Participation

Chair: Irinia Krasnova, Russian Academy of Justice (Russia)

  1. Louis Kotzé, North-West University, & Loretta Feris, University of Cape Town (South Africa), Looking Out for Biowatch: Access to Information, Cost Awards and the Future of Public Interest Environmental Litigation in South Africa
  2. Zen Makuch, Imperial College London (United Kingdom), Liability for Greenhouse Gas Emissions- - Litigation Challenges
  3. Vladimir Garcia Magalhaes, Catholic University of Santos, and Thiago Felipe Avanci, Catholic University of Santos (Brazil), The Public Hearing on Environmental Licensing and Environmental Governance in Brazil
  4. Michael Kidd, University of KwaZulu-Natal (South Africa), Towards More Effective Environmental Law: Perspectives from South Africa
  5. Hu Yuanqiong, Natural Resources Defense Council (China), Open Environmental Information in China: A Review of the First 18-months of implementation and China’s First Pollution Information Transparency Index (PITI)

SUSTAINABLE MANAGEMENT 5: Environmental Governance, Sustainability, Biodiversity and Protected Areas

Chair:Qin Tianbao, Wuhan University (China)

  1. Sophie Riley, University of Technology Sydney (Australia), Law is Order, and Good law is Good Order: Governance and the Regulation of Invasive Alien Species
  2. Robert Kibugi, University of Ottawa (Canada), From Agricultural to Sustainability Extension Policy? Seeking Linkages Between Land Use Law, Implementation and Compliance in Kenya
  3. Feja Lesniewska, University of London (United Kingdom), Opportunities and Challenges in the Reform of China’s Protected Areas Law: Lessons from Yunnan’s New National Parks
  4. Rebecca Bates, University of Sydney (Australia), The Great Southern Holiday: How Should We Regulate the Antarctic Tourism Industry?
  5. Alex Gardner, University of Western Australia (Australia), The Legal Protection of Ramsar Wetlands and Migratory Bird Habitat: Australian Reform

SUSTAINABLE MANAGEMENT 6:
Environmental Governance, Urbanization, Economic Growth, Inequalities and Sustainability

Chair: Winnie Carruth, Secretariat of the IUCN Academy of Environmental Law (Canada)

  1. Alex Wang, Natural Resources Defense Council (China), Air Pollution Regulation in China and the US: A Comparative Perspective and Implications for the Amendment to China’s Atmospheric Pollution Prevention and Control Law (no presentation available)
  2. Carmen Gonzalez, Seattle University (USA), Is China a Threat to Sustainable Development In Latin America?
  3. Stefan Gruber, University of Sydney (Australia), Sustaining China’s Cultural Heritage in Times of Rapid Change
  4. Irene Lye Lin Heng, National University of Singapore(Singapore), Applying the Polluter Pays Principle in the Management of Road Transportation in Singapore
  5. Du Qun, Wuhan University(China), Legal mechanism for Ecological Compensation in China

SUSTAINABLE MANAGEMENT 7:
Transboundary Environmental Governance and Sustainability

Chair: Luo Ji, Wuhan University(China)

  1. Jia Lin, Shanghai University of Politics Science and Law(China), Joint Development of Cross-Boundary Natural Resources Viewed from the Perspective of International Law
  2. Ke Jian, Wuhan University (China), Transboundary Water Pollution and Environmental Justice in China
  3. Gregory Rose, University of Wollongong (Australia), Cross--jurisdictional Cooperation to Combat Transnational Environment Crime: a Case Study of Illegally Harvested Indonesian Wood Products Destined for Australia
  4. Simon Marsden, Chinese University of Hong Kong (China), China’s Experience with Transboundary Environmental Impact Assessment: Internal and External Dimensions and Recommendations for Reform of Law and Policy
  5. Willem Daniel Lubbe, North-West University (South Africa), Transfrontier Environmental Governance of Natural Areas in SADC: a Puzzle Piece Towards Sustainability?

November 5, 2009

PLENARY SESSION IV

Environmental Governance and Sustainability: New Models for Natural Resources Management

Chair: Du Qun, Wuhan University (China)

  1. Alexander Paterson, University of Cape Town (South Africa), Rethinking Recent Attempts to Delineate Protected Governance Types
  2. Ann Brower, Lincoln University (New Zealand) and John Page, University of New England School of Law (Australia), Property rights across sustainable landscapes: Competing claims, collapsing dichotomies, and the future of property
  3. Paul Martin and Jacqueline Williams, University of New England (Australia), Principles for Next Generation Resource Governance Law
  4. Michael G. Faure, University of Maastricht (Netherlands), Hao Zhang and Xu Ping, Beijing Forestry University (China), Environmental Criminal Law in China: A Critical Analysis
  5. Zhou Xunfang, Central South University of Forestry and Technology (China), Civil Environmental Rights and the Reform of Legal System on Collective Forest Rights
  6. Ben Boer, University of Sydney (Australia), International Governance of Soils: A Protocol to the Convention to Combat Desertification

PLENARY SESSION V

Environmental Governance and Sustainability: New Frontiers?

Chair: Benjamin J. Richardson, Osgoode Hall Law School(Canada)

  1. Tom Baxter, University of Tasmania (Australia), Undercutting Good Environmental Governance: A Current Controversy in Australian Environmental Law
  2. Nils Goeteyn and Frank Maes, Ghent University (Belgium), The Quest for a World Environment Organisation: Reflections on a Failed Debate as an Input for Future Improvement
  3. Lv Zhongmei, Hubei Economic College (China), Legal Issues on Water Resources Protection In Hubei Province’s Countryside
  4. Rob Fowler, University of South Australia (Australia), Environmental Governance and Sustainability – the Challenge of Soils
  5. Wang Shuyi,Wuhan University (China), Hot Topics of Environmental Law in Current China

Introductory Remarks

Chair: Benjamin J. Richardson, Osgoode Hall Law School (Canada)

International Issues in Biofuels Sector Governance

Biofuels Regulation in the European Union

Biofuels Law in Comparative Perspective

Emerging Regulatory Issues in the Biofuel Sector

IUCN Academy Research Project on Biofuels Law

  • Markus Gehring, University of Ottawa (Canada)