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Copyright of Actualidad Jurídica Ambiental is the property of CIEMAT, through its Centro Internacional de Estudios de Derecho Ambiental (CIEDA) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Actualidad Jurídica Ambiental is the property of CIEMAT, through its Centro Internacional de Estudios de Derecho Ambiental (CIEDA) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The activity and initiatives undertaken by financial institutions to protect the environment are now the goal of the evolution of the entire financial market. However, it is important not to ignore the legal issues and their implications, which to a large extent now permeate many financial decisions and affect the practices and behaviours of banks. The main objective of this paper was to identify the current condition of and ongoing developments in European Union legal regulations concerning Environmental, Social, Governance (ESG) and sustainable finance. An important aspect of this study was also to analyse the tools, legal instruments, standards and guidelines of the European Commission and the European Banking Authority (EBA) and those proposed by the international business environment in the area of non-financial reporting ESG disclosures in the EU banking sector as exemplified by Poland. In addition, this paper analyses the status of implementation of ESG-related requirements set by the EU legal framework by banks, banking associations and associations of cooperative banks operating in Poland. To achieve the objectives of this study, and to answer the research questions posed, an analysis of primary and secondary sources was carried out in conjunction with a review of the (national and foreign) literature on the subject. Two non-reactive research methodologies were used in the design of this study: the doctrinal legal method and desk research. The results of the analysis indicate that EU regulations are at the drafting stage and those adopted so far require a number of amendments. Banker associations have voiced extensive criticism of the regulations, which are viewed by banks as inadequate, unclear and inconsistent. Both EU and Polish banker associations primarily point to a high degree of generality in the solutions and legal frameworks adopted. The legal acts enacted to date do not correspond to the needs of the market. The analysis of the positions of the banking associations also revealed that the EU legislation still has gaps preventing a harmonised approach to the comprehensive and consistent integration of ESG factors by banks in their strategy and operations. [ABSTRACT FROM AUTHOR]

The impact of climate change is experienced all over the world. The effort to mitigate the impact continues to be made in a wide range of sectors, including the financial industry. The concept of sustainable investment in the financial services industry is one of the strategies to address climate change. However, sustainable investment is not limited to national jurisdictions. At the regional levels organisations such as the European Union (EU) and the Association of Southeast Asian Nations (ASEAN) have also established definite guidelines. The EU has adopted hard law in the form of regulations on sustainability disclosure and taxonomy that facilitate sustainable investment. ASEAN has also introduced soft law in the form of the ASEAN Taxonomy for Sustainable Finance. The purpose of this study is to examine and provide a comparison of the regulation of sustainable investment in both regional organisations that have distinct integration characteristics. This paper argues that the distinctive characteristics of integration have an influence on the choice of legal instruments and their binding force on member states. The comparative study revealed that both the EU and ASEAN adopt the common principles of environmental protection and climate change mitigation. However, the EU and ASEAN have different ways of defining these principles in their respective legal instruments. In addition, the research also reveals that the different choice of legal instruments also has an effect on the advantages and limitations of implementing sustainable finance. Finally, this study proposes that the EU and ASEAN share a common vision in the implementation of sustainable finance in line with the growing economic relations between the two regions. [ABSTRACT FROM AUTHOR]

Conservation covenants are an important legal tool for enabling private land conservation, whose significance to policymakers has recently grown in light of new global commitments to expand areas of land and water protected and restored. Covenants' traditional focus on conservation of existing natural values rather than restoration of degraded land or active management of environments impacted by climate change pose significant challenges to the flexibility and efficacy of this legal instrument. In Australia, recent national legal reforms to incentivise private land conservation, notably the new Nature Repair Act 2023, will need to consider how it can align with conservation covenanted lands that are regulated by different laws with different criteria and goals. Here we identify some pathways for enabling conservation covenants to play an expanded role in the context of ecosystem restoration and climate adaptation. [ABSTRACT FROM AUTHOR]

Land fires in South Sumatra are an annual problem during the long dry season. It was recorded that in 2015, 2016, 2017, and 2018, the land fires spread massively in the four districts of South Sumatra. The peatlands located within oil palm plantations in the Districts of Ogan Komering Ilir, Banyuasin, Musi Banyuasin, and the district of Ogan Ilir were the source of the fire. The haze not only attracts national but also international attention. Besides human contribution to land fire, climate change should also be considered. The role of El Nino makes the season uncertain. Land fires affect human health and other human activities in the affected areas. Three legal instruments guarantee and protect the people's right to the environment, i.e., The 1945 Indonesian Constitution, the 2009 Law No. 32 on the Environment, and the 1999 Law No. 39 on Human Rights. The problem raised herein is to what extent people can claim the right to a clean environment as human rights guaranteed and protected in those legal instruments. The results of the discussion show that those three legal instruments do not protect people whose human rights have been violated. This is because 2000 Law No. 26 on Human Rights has no jurisdiction over environmental matters. It is suggested that establishing a special Environmental Court is the solution to protect community environmental human rights cases. [ABSTRACT FROM AUTHOR]

The implications of climate change for biological invasions are multifaceted and vary along the invasion process. Changes in vectors and pathways are likely to manifest in changes in transport routes and destinations, together with altered transit times and traffic volume. Ultimately, changes in the nature of why, how, and where biota are transported and introduced will pose biosecurity challenges. These challenges will require increased human and institutional capacity, as well as proactive responses such as improved early detection, adaptation of present protocols and innovative legal instruments. Invasion success and spread are expected to be moderated by the physiological response of alien and native biota to environmental changes and the ensuing changes in biotic interactions. These in turn will likely affect management actions aimed at eradicating, containing, and mitigating invasions, necessitating an adaptive approach to management that is sensitive to potentially unanticipated outcomes. [ABSTRACT FROM AUTHOR]