In Ofcom v Information Commissioner, the Information Tribunal held that radio frequency waves from a BTS antenna qualifies as emission under EIR, which as a consequence, does not qualify for protection from disclosure, even if the information is deemed confidential. The discussion below is hilarious:

Mr Facenna, Counsel for T-Mobile, accepted that radio frequency waves may correctly be characterised as both "energy" and "radiation". He also accepted that it was a correct use of the English language to say that they were “emitted” from a base station. However, he argued that they nevertheless did not constitute "emissions" for the purposes of the EIR because the circumstances in which the EIR came into existence require the word to be given a particularly narrow meaning. Those circumstances were that EIR implemented the Directive which included, in its fifth recital, a statement that it was itself intended to be consistent with the 1998 United Nations Economic Commission for Europe Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters ("the Aarhus Convention ").

Mr Facenna accepted that, even if we accepted that base station radiation should not be treated as "emissions", he was still faced with the presence of the words "energy" and "radiation" in subparagraph (b) of the definition. However, he argued that these two "factors" do not affect, and are not likely to affect, any of the elements of the environment referred to in subparagraph (a). At one stage this proposition seemed to be leading Mr Facenna and Mr Choudhury, Counsel for the Information Commissioner, into a debate on the scientific properties of radio waves. It was agreed that they are capable of having an effect on solid matter they come into contact with (for example, the agitation of the molecules of a piece of meat by microwaves for the purpose of cooking). However, it was debated whether or not they have any effect on the air through which they pass en route to such matter. We do not feel qualified to express any view on whether the less dense molecular structure of air results in all radio wave frequencies passing through it with no effect at all on individual molecules. We do not believe that it is necessary for us to do so. The definition is not intended to set out a scientific test and its words should be given their plain and natural meaning. On that basis we believe that radio wave emissions that pass through the atmosphere from a base station to any solid component of the natural world are likely to affect one or more of the elements listed in subparagraph (a) or the…

For all of these reasons we conclude that "emissions" in both subparagraph (b) of the definition of environmental information and regulation 12(9) should be given its plain and natural meaning and not the artificially narrow one set out in the IPPC Directive. As we have indicated it is accepted, on that basis, that radio wave radiation emanating from a base station is an emission.

It’s really nice to spice up the court with some Planck/Maxwell wave/particle duality

I come across this very interesting paper from Maclurcan about nanotechnology discourse in the global south. Of a particular interest is his elaboration on the conscious debate of both ‘short-term’ and ‘long-term’ nanotechnology:
 

In the meantime, the debate about Southern engagement with nanotechnology has forged ahead, assuming common understandings about what nanotechnology is and what it is not, as well as the general irrelevance of definitional debates. This is potentially problematic, given the conflicting way that nanotechnology is framed in the literature relating to the technology’s impact on, and in, the South. At different times, Southern nanotechnology debates have consciously drawn on understandings that correlate with both ‘near-term’ and ‘advanced’ nanotechnology. Whilst most writing presents near-term nanotechnology as the mainstream, there are instances where advanced nanotechnology has also been presented as ‘the reality’ for the South. Bruns, for example, sees answers for global poverty through a future of accessible abundance based on the application of advanced nanotechnology [27]. Al'Afghani, on the other hand, focuses on the need for future environmental laws in the South to incorporate “mechanisms for licensing, supervision and control of emissions and disposal methods for both MNT [molecular nanotechnology] products and nanofactories” [28]. Furthermore, a 2003 briefing document for a United Nations Industrial Development Organisation Expert Group Meeting, predominantly attended by representatives from the Global South, refers to the ability for advanced nanotechnology to address medical, energy and environmental challenges via “…factories operating at the nanometer level, including nanoscale conveyor belts and robotic arms bringing molecular parts together precisely…” [29].

The bottomline of his paper is that how nanotechnology is framed will affect its regulation. Most debate has been focused on ‘near-term’ nanotechnology as opposed to ‘speculative’ (borrowing Maclurcan’s own words) nanotechnology.

As I have gathered mode knowledge on regulation, my perspective on license-management in molecular nanotechnology has changed. The more detailed explanation has to wait a bit however, since I am still preoccupied with water. 

Download the paper from SSRN (click here).

On Sept 17, one of the lanes of the main road connecting Jakarta to the Tanjung Priok port collapsed. The police had to detour the traffic to another road. The culprit blamed for the incident is abrasion from salt water (news in Bahasa Indonesia):

Earlier on the 14th of September, another land subsidence occurred along Manggarai river in Sultan Agung street, causing the fence to tilt for 45 degrees (click here for more news).

Below is a video from ABCNews (2008) about the sinking of Jakarta. Main cause of the floods are solid wastes and squatters in riversides. Both causes the river to become shallow and narrow, thereby reducing its capacity during high flow. High-rise building and over-abstraction of groundwater also contribute to land subsidence and saltwater intrusion.

Related posts:

• Legal Policy and Development. Jakarta's Water Future (World Water Week) – UPDATE
• The Potential Role of the Human Right to Water in the Management of Indonesia’s Water Resources
• Experts: Jakarta to sink by 2025
• 14 Disturbing Facts about Jakarta's Water

The Human Right to Water under the Water Law? Yes. But look also at its elucidation.

If there is anything I forgot to upload into this website from the last World Water Week then it is my own presentation and pictures. So here it is. The title of my presentation is the above headline. I argue that the Human Right to Water may be able to correct structural loopholes in the current legal framework for water resources management in Indonesia. There are, however, prerequisites which must be fulfilled for such role to take place, and these are (i) building linkages between the Human Right to Water into the current judicial and legislative system and (ii) developing existing institutions, in terms of capacity, resources and mandate in order to incorporate human rights claims.

I have a draft paper to support my arguments which I decide not to share as it is still in the form of, well, a draft paper. But if you are interested, do email me at movanet(at)gmail.com I await for your feedback and comments.

H.T. Dr. Riant Nugroho for the pics

UNEP recently released a publication titled “The Greening of Water Law”. The book contain elements to consider for integrating environmental concerns into national and international water law. Read/download here.

H.T to: Bo Magsig

Stockholm, September 09, 2010 (ILR). ACCRA, BothENDS, Swedish Water House, UNESCO Etxea, WaterLex and the UNDP Water Governance Programme convened a seminar at the World Water Week, Stockholm, September 09, 2010. The presenters explains the potentials of Human Rights Based Approach to Integrated Water Resources Management.

On the media statement received by ILR, the conveners stresses the importance of  stakeholders involvement in ensuring the realization of the Human Right to Water.  According to the Press Release:

A key element of the human right to water is the water quality prerequisite that water used for personal or domestic uses should be – among other things - free from micro-organisms and chemical contaminants that constitute a threat to individual health, thus embracing the work of professionals working in the realm of water quality and Integrated Water Resource Management (IWRM). At the same time, even in the context of conflicting and competing demands on water resources, human rights law is clear in determining that water for personal and domestic uses, i.e. for realising the right to water, has priority in relation to other water uses.

In this side event, we will demonstrate the validity of a number of principles. First of all, the Human Rights-Based Approach (HRBA) provides a useful and comprehensive framework from which to analyse water and sanitation issues and holds the potential to support and strengthen the Millennium Development Goal approach. In other words, while the concept of the ’right to water’ requires a focus on law, it is not just an effort to define normative standards (cf. World Health Organization quality standards), it is also about procedural rights, which ought to be clarified and illustrated so as to demonstrate how the realisation of rights should be managed in practice. Furthermore, the actual realisation of these rights is dependent on the governance structure and the quality of interactions between the state and civil society against the background of each particular social, political and economic setting.

Secondly, it is therefore of key importance to continue to promote national case studies that serve to highlight the key areas in which the implementation of the right to water and sanitation can be improved in each setting through a HRBA.

Universitas Ibn Khaldun Bogor, Indonesia, endorses the case-base approach to HRBA. It offers support in the form of expertise, networking and grass-root empowerment for the HRBA case studies. In its endorsement letter, the University Rector Prof. Dr.  H. Ramly Hutabarat, SH., MHum pointed that application of IWRM in Indonesia would require tremendous investment in the form of knowledge and financial resources. IWRM has large potentials in improving the quality of Indonesia’s water resources. However, there are always possibilities that those with less capacity and bargaining power to participate in IWRM processes would be left out. The Rector suggests that HRBA would be necessary to empower stakeholders in the decision making process of IWRM.