Browsing by Author "Mills, Jordan"

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Open Access
An Assessment Of Law And Policy Measures For Environmental Protection On Transboundary Waterways In The Aral Basin
(Te Herenga Waka—Victoria University of Wellington, 2021) Mills, Jordan
Water is a precious resource in the Central Asian States of Kyrgyzstan, Tajikistan, Turkmenistan, Kazakhstan and Uzbekistan. The origin of water resource management challenges in the region and decline of the Aral Sea can be traced to two key events: massive regional expansion of irrigation projects without consideration of water budgets (particularly from the main river systems, Syr Draya [north] and Amu Draya [south]); and the transition from a centrally-planned economy to a market economy following the breakup of the Soviet Union. Precipitation in the region is low, on the order of 100 mm/year in the desert and steppe areas of the three downstream countries (Turkmenistan, Kazakhstan and Uzbekistan), rising to 400 mm/year in the two mountainous upstream countries (Kyrgyzstan and Tajikistan). The various states share the Aral Basin watershed which culminates in the evapotranspiration-controlled Aral Sea. The Aral Sea was once the world’s fourth largest inland water body; however, it has seen dramatic volumetric decline to about 10% of its 1960 volume, in a situation referred to as the Aral Sea Crisis. An International legal framework has been developed to solve problems of joint management of water of interstate sources, create favourable conditions for solving social and economic problems, and to allow mitigation and stabilization of ecological stresses which originated as a consequence of water resources depletion. A series of projects have been implemented in pursuit of these goals, and this paper assesses whether tools available and utilised in the region are facilitating the desired environmental outcomes.
Open Access
The role of strategic litigation in meeting international legal climate obligations and the implications for addressing the energy trilemma in New Zealand
(Te Herenga Waka—Victoria University of Wellington, 2022) Mills, Jordan
There is a twin challenge to reduce carbon emissions to at least net zero, but also to achieve energy security and equity. This article assesses climate litigation in New Zealand within the framework of the energy trilemma based upon analysis of New Zealand’s supply side energy generating systems and resources. Currently 40 percent of total energy consumption and just over 80 percent of electricity generation in New Zealand is produced from renewable sources. Electricity generated from renewable sources is already 100 percent utilised. The New Zealand Government’s most recent Nationally Determined Contribution (NDC) targets of 50 percent of total energy consumption coming from renewable sources by 2035 and 100 percent renewable electricity generation by 2030, is less than 13 and 8 years away, respectively. Considerable new renewable generation capability needs to be developed in that time. The lead time in developing these projects is already heavily constricted, and often encounters legislative hurdles. Procedural cases which seek to protect local environment and cultural heritage can be misaligned with overarching goals of pure climate cases aiming to increase ambition of NDC’s. The confluence of these claims may create a barrier to some commercial-scale energy projects while increasing risk associated with fossil fuel generation capability. This could project to energy access short falls in the future. The energy trilemma index performance has also seen generally negative trends in recent years. New Zealand has recently seen energy supply deficits offset with imported fossil fuels, suggesting that New Zealand energy sector sustainability performance is intrinsically linked with strong performance in energy equity and security. To be successfully implemented, the energy transition must be well planned, adequately communicated, appropriately resourced, and provided sufficient political support to maximise performance and outcomes in energy trilemma metrics, but also to ensure that decarbonisation goals are achieved.