8 IUCN Ejournal
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This issue sees a slightly modified format for the e-journal: for this issue only the editors took the decision to bring out a shortened version of the journal. Some colleagues and contributors may be aware that e-Journal editor Gay Morgan sadly lost her partner, Al, to a brain tumour after a difficult fight over the course of putting together this issue. Issue 8 is dedicated to both their bravery. This is also the last issue which will be edited by Michaela Lau - she has moved to a new institution and we wish her every success in her new position. As of this Issue, Dr. Opi Outhwaite has taken on the role of co-editor, after serving as Managing Editor for the past two years. She will be joined by Professor Shawkat Alam as acting co-editor. Despite the shorter than usual issue the editors are pleased to present, in what has become a trademark characteristic of the Journal, an amalgamation of contributions that stretch far and wide within the broad field of environmental law. The Editorial Team hopes that the contributions in this issue may serve as a repository for the exchange of ideas and potential legal and policy responses in an ever-changing and more and more complex world. As is customary, this issue includes several Country and Region Reports. These reports cover both developed and developing countries and present an array of topics of interest and importance in those jurisdictions. Two Country Reports, from China and Kenya, focus on forestry related issues, while several others, including the reports from the Bahamas, Austria and New Zealand canvass recent case law on a variety of topics related to environmental law. The Reports for the Czech Republic and the USA provide general updates on the overall state of environmental law in those jurisdictions. The Report from the US, in particular, paints a worrying picture for the state of the environment in this vast country, and by association, for the remainder of the world. The Reports from three developing countries, namely Bangladesh, Nigeria and South Africa, attest to the fact that environmental law in those countries continues to grow and develop. The Report from Bangladesh focuses on the concept of Ecologically Critical Areas, and the long- ii A Word from the Editors awaited enactment of Rules that underpin the establishment of such conservation areas in that country. The Nigerian report provides insights regarding the development of GMO legislation in that jurisdiction and the Report from South Africa reviews the country’s efforts to establish a Marine Spatial Planning law, a topic which featured in Issue 7 as well. Finally, one region Report, from the EU, focuses on developments in EU law regarding air quality – a topic which otherwise did not feature greatly in this issue of the Journal. This issue also features two Teaching Articles, one of which provides valuable background information on the IUCN Academy of Environmental Law’s ‘Training the Teachers” programme. This programme seeks to enhance the capacity of environmental law teachers, particularly in developing countries and the article highlights the important role that the Academy plays in supporting the next generation of environmental lawyers and their teachers. The other Teaching Article considers the value and type of training that is, and could be, offered at Environmental Law Clinics (ELCs). These clinics, as goes for all types of legal education, need to respond to the changed environment within which our law graduates have to survive and make their mark. The Article provides some thoughts on how the ELC model might be taken to new levels. The issue concludes with a Book Review by Paloniitty. The reviewed book on EU Agricutural Law was greatly anticipated by scholars in the field and Paloniitty provides both a clear overview of the contents of the book and candid assessment of its value and contribution to this important sub-theme within environmental law. We trust our Readers will find the contributions both thought-provoking and informative and we thank both our contributors and the Editorial Team for their efforts in publishing another issue of the Journal! Michaela Young, Gay Morgan & Opi Outhwaite Substantive articles Access and Benefit Sharing Collaborations: The Academic Conference as Intermediary for Institutional Relationship-Building Evanson Chege Kamau, Hyup Lee, John Leitner, Jisuk Woo iii 8 IUCN EJournal Teaching articles The Role of the IUCN Academy of Environmental Law in Promoting the Teaching of Environmental Law Rob Fowler Clinical Legal Education and Environmental Law: The Benefits of Non- Casework Approaches Evan Hanman Country Reports Austria Birgit Hollaus The Bahamas Magan Curry, Berchel Wilson, Andrew Smith Bangladesh Imtiaz Ahmed Sajal People’s Republic of China Jingjing Zhao Czech Republic Milan Damohorsky & Petra Humlickova European Union Samvel Varvaštian Italy Carmine Petteruti Kenya Nelly Kamunde-Aquino New Zealand Trevor Daya-Winterbottom Nigeria Kayode Bapatunde Oyende South Africa Phillipa King iv A Word from the Editors United States Robert V. Percival Book Reviews Research Handbook on EU Agricultural Law Tina Palonitty 5 8 IUCN EJournal ACCESS AND BENEFIT SHARING COLLABORATIONS: THE ACADEMIC CONFERENCE AS INTERMEDIARY FOR INSTITUTIONAL RELATIONSHIP- BUILDING* Evanson Chege Kamau**, Jae-Hyup Lee***, John Leitner****, Jisuk Woo***** Introduction The complexities and scientific importance of marine biological research create an imperative for international collaboration. That understanding provided the fundamental and animating purpose for the Access and Benefit Sharing of Marine Biological Resources in the Asia-Pacific Region Conference (the “Conference”),1 hosted by the Center for Energy and Environmental Law and Policy of the Seoul National University School of Law on September 11, 2015. The Conference was attended by a broad audience from South Korea, Indonesia, Vietnam, Micronesia, the Philippines and Germany. The speakers and discussants possessed diverse professional backgrounds, the majority being scientists and lawyers. As the title of the Conference indicates, the Conference was intended to establish an ambitious collaborative research network, the Asia-Pacific Marine Biology Research Law and Policy Network (the “Network”), in order to provide a vehicle for advancing the scientific and social goals that * This article was supported by the Asia-Pacific Law Institute of Seoul National University in 2017. The authors wish to thank the Korea Institute of Ocean Science and Technology for co-hosting the conference. ** Senior Research Fellow, Research Centre for European Environmental Law, University of Bremen. [email protected]. *** Professor, Seoul National University School of Law, Korea. Corresponding author. [email protected]. **** Adjunct Professor, Center for Energy & Environmental Law and Policy, Seoul National University, Korea. [email protected]. ***** Professor, Graduate School of Public Administration, Seoul National University, Korea. [email protected]. 1 The full title of the Conference was “Access and Benefit Sharing of Marine Biological Resources in the Asia-Pacific Region Conference: Toward a law and policy network for access and benefit sharing (ABS) of the marine biological resources in the Asia-Pacific region.” Clinical Legal Education and Environmental Law 6 underlie access and benefit sharing (“ABS”). By their execution of a Memorandum of Understanding, six institutions2 became the charter members of the Network at the Conference. The purpose of the Conference was to establish cooperative relationships for ABS, promote subsequent collaborations through the Network and other multilateral channels, and ultimately provide manifold opportunities for scientific cooperation and the development of strong and sustainable policy frameworks. This paper proposes that the Conference models an important form of international forum for the establishment and development of ABS networks. As discussed below, the Conference fulfilled one of its vital objectives, bringing interdisciplinary expertise into a concrete dialogue in order to lay a strong foundation for the development of a robust law and policy framework. Ideally, that dialogue will advance scientific research and innovation based on marine genetic resources in the region. The long-term goals for post-Conference collaborations through the Network remain a work in progress. Nonetheless, the Conference has served, and similar interdisciplinary academic forums should continue to serve, as a vehicle for advancing the scientific and social goals that underlie ABS. Objectives of the Conference Researchers, policymakers, and other interested parties must confront dual challenges in their work on ABS. Research should be conducted, and applications of research outcomes should be developed and implemented, in a resource- and time-efficient manner. These efforts must simultaneously reflect a meaningful commitment to sustainability. A successful response to these challenges will require an integrated, inter-disciplinary approach that draws upon law, ethics, and applied science to enhance biological, ecological, oceanographic, and biotechnological outcomes. 2 The six institutions are: 1. Center for Energy & Environmental Law and Policy, Seoul National University; 2. Research Centre for European Environmental Law, University of Bremen; 3. Korea Institute of Ocean Science and Technology; 4. Center for International Law Studies, Faculty of Law, Universitas Indonesia; 5. National Marine Biodiversity Institute