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- Argüello Moncayo, Gabriela, 1983, et al.
(författare)
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Deadly bouquets: environmental (in)justice and the cut flower industry
- 2022
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Ingår i: Rachel Carson Center: Silent Springs - Global Histories of Pesticides and Our Toxic World(s).
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Konferensbidrag (refereegranskat)abstract
- The cut flower industry is rapidly expanding in the Global South. Such floriculture industry is not locally consumed but exported to the United States of America, the European Union, the United Kingdom, Russia, and Japan. Taking as an illustrative example the cut flower industry in Ethiopia and Kenya, we analyze the land-grabbing practices of the Global North in the Global South. For this, we map the values of the EU plant health regulatory system and problematize how pest control regulation may exacerbate the health and working conditions of cut flower workers and increase pollution of soil and water sources in producer States. We argue that EU plant health regulation should internalize its detrimental effects on third countries. The first step in this direction is the establishment of maximum residue limits (MRL) for pesticides in plants not destined for consumption. Such a limit should be included in relevant EU legislation.
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| 2. |
- Argüello Moncayo, Gabriela, 1983
(författare)
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Environmentally Sound Management – Its status and role in the sea-land interface regulation of wastes
- 2018
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Waste management is essential for ensuring the earth’s resilience and it remains one of the greatest challenges for our and future generations. As societies experience further population growth and economic development, waste management poses both challenges for the protection of the environment and human health. To face these challenges, environmental law requires shifting attention from media-specific pollution regimes to integrative life-cycle approaches of waste management, i.e., from the prevention of waste generation to the actual handling of wastes. Currently, wastes are regulated incidentally within media-specific pollution regimes, or in relation to certain hazardous substances. In cases where wastes are directly regulated, this regulation is concerned with a particular activity. Additionally, waste management has been traditionally considered as a national affair except in cases dealing with pollution transfer and transboundary movements of wastes. This thesis is concerned with the management of wastes generated on board vessels while at sea and after they are discharged to port reception facilities. Ship wastes are studied from an international and EU law perspective. These wastes were chosen for three reasons. First, ship wastes are incidentally regulated within the regime of marine pollution. Second, the prevention of ship-source pollution is heavily reliant on the provision of adequate port reception facilities on land. However, the coordination between these facilities and further downstream management operations is still an unresolved issue. Finally, ship wastes were chosen due to incidents related to the unsafe management of ship wastes on land. These incidents increased the attention towards the management of ship wastes after their discharge on land and framed the analysis of such management from a conflict of law perspective. Particularly, whether the transboundary movement of waste regime is applicable to ship wastes while at sea and after their discharge on land. This thesis examined the regimes set up to deal with the transboundary movement of wastes and ship-source pollution so as to elucidate the obligations and legal principles governing such regimes. Considering the rationale behind these regimes, the author concludes that treaty obligations concerning transboundary movements of wastes are inapplicable to ship wastes while on board ships and on land. Despite the limitations of the transboundary movement of wastes regime, the thesis argues that the principle of Environmentally Sound Management (ESM) embodied in this regime has gradually transformed into a legal principle. The most important contribution of ESM is its integrative function. This integrative function has several outcomes. First, ESM is the point of departure for addressing legal gaps in the regulation of wastes, and consequently it provides the desired coherence to the legal system since it acts as a bridge between several regulatory and sectoral levels. Second, ESM offers a new light with which to understand and interpret existing obligations. Finally, ESM provides a renewed impetus to regimes that directly and indirectly govern wastes. This impetus translates into greater coordination and the establishment of cross-sectional policies.
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| 5. |
- Argüello Moncayo, Gabriela, 1983, et al.
(författare)
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Governing Technological Climate Revolution: Geoengineering Research and the Arctic Marine Environment : Session 4: Regulating Risk in the Marine Environment
- 2021
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Ingår i: Revisiting Trade, Transport, and Marine Law: Risk and Technology in Perspective.
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Konferensbidrag (övrigt vetenskapligt/konstnärligt)abstract
- The Arctic Ocean plays a fundamental role in climate regulation. However, Arctic Ocean’ ice is rapidly disappearing, which threatens its capacity to regulate the global climate. Even if State parties to the 2015 Paris Agreement fully implement the convention, these efforts will most likely not prevent, at least until mid-century, the ongoing warming of the Arctic Ocean. Novel scientific research advances the possibility to deploy geoengineering techniques to restore Arctic sea ice to its historical levels. Ice management techniques claim to be different from traditional solar radiation management (SRM) techniques since these are regionally constrained and potentially reversible. However, serious concerns have been raised about these apparently innocuous techniques. Geoengineering elicits high degree of risk and for this reason, an open public discussion of geoengineering research can no longer wait. This chapter analyzes geoengineering research governance with particular emphasis on the Arctic Ocean and novel ice management techniques. There is no comprehensive legal regulation on geoengineering research. The common international policy standpoint appears to be ‘governance before deployment.’ However, we argue that ‘governance before research’ is also required, something that is currently missing.
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| 6. |
- Argüello Moncayo, Gabriela, 1983
(författare)
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Hazardous Wastes' Trade: A Global Concern
- 2012
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Ingår i: The Maritime Law and Policy Postgraduate Research Conference 2012, City University London.
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Konferensbidrag (övrigt vetenskapligt/konstnärligt)
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| 7. |
- Argüello Moncayo, Gabriela, 1983
(författare)
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International law on ship recycling and its interface with EU law
- 2016
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Ingår i: Marine Pollution Bulletin. - : Elsevier BV. - 0025-326X. ; 109:1, s. 301-309
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Tidskriftsartikel (refereegranskat)abstract
- The regulation on ship recycling at international and European Union (EU) level has transitioned from the realm of transboundary movement of wastes to a specialized regime, i.e., the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships (2009) (Hong Kong Convention). Although this convention is not in force yet, the principal features of it have been incorporated in EU Regulation 1257/2013 on ship recycling. This paper examines the rationale behind developing a ship recycling regime, its disassociation from wastes, and the departure from the main principles of transboundary movement of wastes, such as the proximity principle, reduction of transboundary movement of wastes, and the prior informed consent procedure. While acknowledging some of the positive features of the emerging ship recycling, it is submitted that the Hong Kong Convention and EU Regulation 1257/2013 on ship recycling represent a step back in the regulation of ship recycling.
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