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BOOK REVIEW |
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BOOK REVIEW |
Green Guidebook Environmental laws and
regulations are a relatively new feature in the Asia and Pacific region By A CORRESSPONDENT Rapid industrialization and population growth have created greater environmental problems for the countries of the Asia and Pacific region. Most countries settle environment-related complications and disputes through mediation and traditional ways. With the growth of such complications, there has been an increasing realization of the need for a coherent body of laws and regulations to settle disputes and to preserve the environment over the long term. At a time when many countries are facing challenges in introducing relevant legal instruments, "Environmental Law and Enforcement in the Asia-Pacific Rim" has come as a timely resource. This collection of the laws of various countries can be expected to help students, scholars as well as policy makers to understand different legal systems. Written by scholars and specialists in the environmental legal system in the region, this analysis examines and accounts for the framework of environmental law evolved and embodied in the respective countries with due accent on the state of the implementation. There are 16 articles highlighting the legal systems of 16 countries. The articles provide in-depth analyses and elaborate on the problems in a comprehensive manner. One of the basic objectives of the book seems to be to show how environmental degradation contributes to the ruin traditional orders in the regions. The articles show how human activities are threatening the region and what legal systems countries have been following. The book follows a practical approach, as the authors emphasize the possibilities and realities of enforcement. The country-specific chapters provide an interesting introduction, an overview of the legal system, a detailed evaluation of environmental policy, analysis of both the methods and effectiveness of environmental enforcement. The book also reviews civil actions and environmental law and explores the expertise of those involved in the environmental protection regime. In the section on Nepal, Dr. Ravi Sharma Aryal has done a marvellous exercise in analyzing the problems. Dr. Aryal, a doctorate in environmental law majoring in CITES, has made a painstaking effort to analyze and review the environmental legal regime in Nepal. Dr. Aryal analyzes the constitutional framework focusing on environmental policy. In his short but interesting article, Dr. Aryal discusses major policy reforms and other environmental polices followed by Nepal. In his article, Dr. Aryal, among other things, explains the lapses and weakness in the implementation of the environmental laws in Nepal. Nepal has many environmental and conservation laws aimed at balancing the environment with human activities. From the Guthi Sansthan Act 1964 to the recent act on Local Governance and Self-Governance 1999, Nepal has numerous laws. Even the country's apex court has spoken on many environmental matters. Dr. Sharma also elaborates on the role of public interest litigation in countering the process of environmental degradation. The writer refers to some important decisions taken by the apex court. He describes the Yogi Narahari Nath case as a landmark in judicial activism in Nepal. Thanks to sincere efforts of Dr. Aryal, students, scholars and foreigners have a good opportunity of understanding the environmental problems of Nepal and the system of legislation and legal regime. Environmental Law and Enforcement
in the Asia-Pacific Rim |
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editor: spotligh@mos.com.np |
