Environmental Law – Friends of the Earth Adelaide

A Law Against Ecocide

roman June 29, 2021

From the Press Release by the Stop Ecocide Foundation:

The Independent Expert Panel for the Legal Definition of Ecocide convened by the Stop Ecocide Foundation has completed its deliberations. The proposed definition of ecocide as a 5th crime under the Rome Statute is now available for states to consider – and for civil society to demand. We think the drafting panel has achieved something remarkable – we love this legal definition! It’s well pitched between what needs to be done to protect ecosystems and what will be acceptable to states – it’s both bold and workable at same time. Governments and activists alike will take it seriously.

You can find the full text of the definition with accompanying commentary HERE and on the newly launched Ecocide Law website, an academic and legal resource hub we are co-managing with the Promise Institute for Human Rights at UCLA School of Law. There is also an additional FAQ page.

Earth Jurisprudence, Environmental Law, Old_Notes

Traditional owners can challenge nuclear waste dump on Country

roman June 29, 2021

In 2019, the Australian Electoral Commission conducted a month-long community ballot, asking the question ‘Do you support the proposed National Radioactive Waste Management Facility being located at one of the nominated sites in the community of Kimba?’
The ballot returned a 61.58 per cent ‘yes’ vote.
Barngarla conducted their own poll, saying they had been excluded from the AEC’s postal ballot.
100 per cent of the votes returned from Native Title holders said ‘no’ to the proposed nuclear facility.
Barngarla said the site selection process had been “completely and utterly miscarried”.
“No proper heritage assessment of the site was ever undertaken,” read the statement.
“… the most obvious and appalling example of this failed process was when the Government allowed the gerrymandering of the Kimba ‘community ballot’ in order to manipulate the vote.
“The simple fact remains that even though the Barngarla hold Native Title land closer to the proposed facility than the town of Kimba, the First Peoples for the area were not allowed to vote.
“…Mistakes have been made and the process needs to start again.”
“Traditional owners can challenge nuclear waste dump on Country”, Keira Jenkins, NITV News, SBS

Environmental Law, Nuclear, Old_Notes

Why we must ban secret corporate courts from trade deals

roman May 14, 2018

Investor-State Dispute Settlement (ISDS) is a dispute resolution method included in hundreds of trade and investment agreements designed to give exclusive legal protection to foreign companies investing abroad, giving them the right to sue host governments in a private tribunal over any perceived breach of the rules around the treatment of investors. This secret corporate court system is system is a threat to Australia’s democracy and environment and we believe it should be banned.

Click here to read in full Friends of the Earth’s briefing on The case for banning Investor State Dispute Settlement in Australia

ISDS allows Foreign investors can bypass domestic courts and have their case heard by three arbitrators who decide whether the host state is liable to pay huge sums in compensation. The origins of the provisions came from the need to protect companies against the seizure of their assets by host states, for example a mine being nationalised without just compensation. Investment agreements have since evolved to include the values of non-discrimination, prohibition of performance requirements, fair and equitable treatment and free movement of capital, and most controversially, indirect expropriation, in which any government measure perceived to affect the actual or expected profits can be challenged.

Adelaide FoE Notes, Environmental Law, trade

Trans-Pacific Partnership rejected by the Senate in their inquiry report

robyn February 11, 2017

We have had some good news from the Senate Inquiry into the Trans-Pacific Partnership. AFTINET (Australian Fair Trade & Investment Network Inc) have been campaigning against the TPP for years. You can join up to receive AFTINET updates here:

Friends of the Earth Australia is a member of AFTINET.

The AFTINET website reports:

“One of our big campaign wins last year was getting a Senate inquiry into the TPP.

“The report has now been released and it’s another victory for fair trade. In it, Labor said the failed TPP’s implementing legislation should be deferred, since the US’ withdrawal killed the deal. The Greens and the Nick Xenophon team have consistently rejected the TPP.

“This means that the Government cannot pass the TPP legislation, because Labor, the Greens and Nick Xenophon team have a majority in the Senate.

“The report also reflected many of our criticisms of the TPP.

“This is another victory in our seven-year campaign, and will help to ensure that the TPP is not used as a bad model for future trade agreements like the RCEP.

“You can read more in our media release.

– AFTINET”

Environmental Law, Old_Notes

Make a quick submission to AVPMA about Roundup being found to be a potential carcinogen by the WHO

robyn December 24, 2016

Please make a brief email submission to the APVMA Australian Pesticides and Veterinary Medicines Authority asking them to take notice of the World Health Organisations findings that glyphosate (Roundup) is a potential carcinogen. This is being organised by Friends of the Earth Melbourne.

Link to make an easy submission here

Roundup is widely used for weed control around the world, especially in home gardens and by councils. It is also used on GM crops and to help non GM crops around harvest time.

From the FOE Melbourne website:

Last year the International Agency for Research on Cancer (IARC) – declared glyphosate – the main ingredient in the herbicide RoundUp – a probable carcinogen. We hoped that the Australian Pesticides and Veterinary Medicines Authority (APVMA) – would intervene to protect our health. It hasn’t.

The APVMA has decided not to review its current approval for glyphosate because it claims to know better than the specialised cancer agency of the World Health Organisation. Why so? Because it has access to unpublished industry data that has never been subject to peer review and that regulators refuse to make public!

Who trusts the word of giant chemical companies over the World Health Organisation?

Monsanto has made enormous profits from virtually unrestricted use of glyphosate and now the truth has come out. Monsanto has lied to us again – and the APVMA must stop supporting an industry that is putting all of us at unnecessary risk.

Contact us if you need help with your submission adelaide.office@foe.org.au

Actions, Environmental Law, FoE, Food, Old_Notes

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