Guest editorial: Law and regulation to tackle land degradation in Asia

Date21 May 2024
Pages89-91
DOIhttps://doi.org/10.1108/JPPEL-07-2024-067
Published date21 May 2024
Subject MatterProperty management & built environment,Building & construction,Building & construction law,Real estate & property,Property law
AuthorIntan Innayatun Soeparna
Guest editorial: Law and regulation
to tackle land degradation in Asia
In 2021, over 40% of the global land area have experienced land degradation. Biophysical
causes and unsustainable land management methods are the immediate reasons for land
degradation. Meanwhile, protecting soil from deterioration has become a moral obligation
and a crucial element in enhancing human welfare. Some countries have enacted dedicated
legislation to save and preserveland, while others tackle the problem of land degradation by
means of laws that pertain to certain sectors, such as the environment, land and natural
resources.
In relation to land and soil, the Food and Agriculture Organization’s Legal Off‌ice
compiled a database of legal frameworks and instruments. Asia has had land management
and protection laws and regulations in place since approximately 1838. Land degradation
regulations in Asia are diverse; some were overly specif‌ic regarding the extent of land
coverage or the issue addressed, while others were overly broad and general to be of
practical assistance in preventingand restoring land degradation. An array of international
legal instruments, such as the United Nations Framework Convention on Climate Change,
the Convention on Biological Diversity and the United Nations Convention to Combat
Desertif‌ication (UNCCD), establishinternational rules that can facilitate the prevention and
management of land degradation at the national level when implemented. Despite the
existence of numerous legalinstruments designed to promote neutrality in land degradation
management in Asia, the legislativeframework and its execution continue to be fragmented
and incapable of effectively aiding in the resolution of land degradation issues. Limited
research has examined the adequacy of national laws, regulations and policies in their
efforts to mitigate land degradation.Meanwhile, preventing and restoring land degradation
requires proactive measures such as appropriate regulations and planning. Therefore, this
special issue gathers high-quality research on the potential role of laws and regulations in
creating a sustainable and effective framework for preventing and restoring land
degradation in Asia. Several papers in this special issue focus on legislation aimed at
preventing and restoring landdegradation in some Asian countries. This special issue is the
result of a discussion that took place in August 2023 during the 4th Hybrid International
Conference on Law, Governance and Globalisation (ICLGG 2023) at the Faculty of Law,
Universitas Airlangga Surabaya Indonesia. The major focus of the conference was
“Sustainable Development Goals and the Road to Crisis Recovery in Asia”. One of the
prominent topics in the discussion revolves around the implementation of laws and
regulations aimedat addressing the issue of land degradation in Asia.
There are four articles addressing the issue of land degradation from various
perspectives. Kurniawan,Nugraha, Hartono and Wibisono, in their article, analyse the legal
framework of sustainable construction procurement to prevent land degradation in
Indonesia, Singapore and Thailand. Land degradation is a signif‌icant issue in Indonesia,
Singapore and Thailand due to the negative impact of construction procurement on land. In
Indonesia, 1,900 km of toll roadswere built, while Singapore had a construction demand of S
$32bn in 2023 alone; thus, 24 billion tonnesof soil are degraded annually in these countries.
Special regulations have been created to ensure construction procurement,but there are no
specif‌ic rules to regulate sustainable construction to prevent and rehabilitate land
degradation due to construction. Thus, implementing sustainable procurement can provide
Guest editorial
89
Journalof Property, Planning and
EnvironmentalLaw
Vol.16 No. 2, 2024
pp. 89-91
© Emerald Publishing Limited
2514-9407
DOI 10.1108/JPPEL-07-2024-067

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