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2019 IUCNAEL EJournal [i] (2019)

handle is hein.journals/icnael2019 and id is 1 raw text is: A Word from the Editors Welcome to Issue 10 of the IUCN Academy of Environmental Law Journal. We have, as always, a thought-provoking issue and one which highlights the unique contribution of this journal in giving a truly global and comparative view of environmental law. Policies as a mandatory consideration in environmental impact assessments - A Swiss law perspective on the Western Australian regime' provides an engaging comparative analysis of Jacob v Save Beeliar Wetlands (Inc) (2016). This case was a landmark decision in Australian EIA law as it considered the extent to which a decision-maker must take into account their own published government policy for development applications. Whilst the WA Court of Appeal determined that decision-makers are not required to take into account non-statutory instruments, Schnyder and Gardner considers the approach under the Swiss EIA regime where decision-makers must consider non-formal instruments and policies. This piece provides a timely review of the WA EIA regime and calls for the need for reform in order to generate stronger public certainty surrounding administrative decision-making. The application of the Swiss EIA regime to the fact pattern presented in Beeliar calls out the contradictory behaviour of those in power and calls for decision-makers to act in the same way that they preach. Although both the Australian and Swiss EIA regimes share similar principles of procedural fairness and equitable interpretation under the law, the Australian regime would be improved by amending EIA law to allow decision-makers to issue binding guidelines which substantiate and interpret its requirements for EIAs. Nigeria's Biotechnology Act and Non-Precaution: Raising the Threshold? Continual advances in biotechnology and genetically modified organisations (GMOs) raises new opportunities, as well as ecological threats, for developing country ecosystems. 'Nigeria's Biotechnology Act and Non-Precaution: Raising the Threshold?' presents a timely critique of Nigeria's National Biosafety Agency Management Act 2015 and argues for the inclusion of the precautionary principle as a guiding ethos to prevent the widespread adoption of untested biotechnology into vulnerable environments. Critically, the paper raises the importance of increased capacity building to provide developing countries such as Nigeria the means to safely test new biotechnology and GMOs before its introduction into the market. The piece thoughtfully presents a nuanced understanding of the importance of effective governance and participation into the process, and advocates for increased transparency in the GMO decision-making process. Nigeria's Biotechnology Act and Non-Precaution: Raising the Threshold?' is instructive for any audience wishing to gauge the future threats to biosafety across the developing world, and how domestic GMO and biotechnology legislation can better align with obligations presented under the Cartagena Protocol.